To make sure they're in adequate physical condition to operate 18-wheelers, the Federal Motor Carrier Safety Administration (FMCSA) requires commercial truck drivers to pass physical examinations at least once every two years. If a doctor finds the driver isn't in good enough shape to safely do their job, the driver must be removed from service. All is not necessarily lost, however, as the FMCSA lets them re-take the necessary physical exam. But how many chances do they get?
Answer: A truck driver can fail a DOT physical exam twice before their commercial license is revoked.
The Rule
A person . . . must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so.
49 CFR § 391.41
The rule is clear: A truck driver has to prove through medical evaluation that they can safely do their job. However, sometimes drivers fail that evaluation for one reason or another. The FMCSA may allow them to seek a second opinion, but only if they meet certain criteria.
Requirements for a Second Opinion
While federal regulations allow a truck driver to re-take the physical exam with another doctor, their reason for doing so must be more compelling than simply not liking the first test's outcome. The following requirements must be met if the candidate wants a "do-over."
Must Have Reason to Dispute the First Test
According to the FMCSA, a driver who appeals their DOT physical failure must convincingly argue that their disqualification was unreasonable. They might say the doctor's personal opinions about certain health conditions affected their judgment, or that they were failed for a borderline issue rather than being passed on a conditional basis. If the driver can justifiably argue that the doctor's findings shouldn't be the final word, the FMCSA may permit them to get a second exam.
No "Doctor Shopping"
Some drivers may be tempted to keep visiting physicians until they find one lenient enough to pass them despite whatever issues made them fail the first exam. This practice of "doctor-shopping" is illegal, but in the past many unfit drivers managed to get their medical cards by simply playing the numbers until a physician passed them. These days, however, any doctor who conducts a DOT physical must promptly report the results to the FMCSA—meaning the agency will know how many attempts were made to get medical clearance.
Honesty and Transparency
To tip the scales in their favor, some drivers try to omit concerning parts of their medical histories or lie about what made them fail their first exam. Much like doctor shopping, this is illegal and largely ineffective. For one thing, drivers are required to give a complete and honest medical history to any physician performing their physical; if they don't, they are likely to have their medical card revoked even if they pass the exam under false pretenses. As we mentioned before, doctors are also required to submit the driver's test results to an online database for other physicians to check during future exams.
FMCSA Has the Final Say
If the second doctor disagrees with the first and grants medical clearance to the driver, that doesn't mean the first doctor's decision is automatically overwritten. Per the rules in 49 CFR § 391.47, the driver must then apply to the FMCSA and explain the differences between the tests. If the agency decides the second opinion is valid, then the medical card that doctor issued will be the card of record.
If a second evaluation once again results in failure, that's the end of the line. There are no "third opinion" options, and the driver's commercial license will then be downgraded to a standard one unless and until they can turn their disqualifying health issues around.
Why Does This Matter to Truck Accident Victims?
Since a truck driver can get a "mulligan" if he's sidelined by one doctor, he may find another willing to overlook the gravity of his condition. Some also try to cheat the tests so they can keep driving long past when they should have been pulled from service. That means some truckers whose health problems should have kept them off the road are still on it every day, which is a huge problem for anyone sharing it with them.
Of course, suspecting that a medical episode was behind a crash and proving it was are quite different. That's why a prudent truck accident attorney will obtain medical records and DOT physical results after an 18-wheeler accident: Finding evidence that the driver was unfit to do the job is invaluable for holding them and their employer responsible.
The Texas truck accident lawyers at Grossman Law Offices have decades of combined experience helping people who were harmed by crashes with tractor-trailers, including those caused by a truck driver having a medical episode. If you were hurt or lost a loved one in a truck accident, the attorneys at Grossman Law can help. Call any time for a free and confidential consultation.
