Only some medical providers are permitted to determine whether a CDL holder or applicant meets CDL medical standards. 49 CFR § 391.42 requires that the person administering the examination be on the National Registry of Certified Medical Examiners. In order to become listed on this National Registry, a health care provider is required to complete special training and pass a test on physical qualification standards defined by the FMCSA.
Drivers sometimes disagree with the results of an examination conducted by the medical provider selected by the motor carrier. Similarly, the motor carrier may disagree with the results of an examination conducted by the provider selected by the driver. Disagreements of that nature are resolved by procedures contained in 49 CFR § 391.47. Upon filing the dispute, the driver becomes and remains disqualified pending resolution.
Allan Marain is a New Jersey Driver's License lawyer. He understands New Jersey and federal regulations relating to Commercial Driver's Licenses. If you have, or may have, a CDL issue, call him. He can help.
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