Verifying Valid Driver Medical Certificates

Within the past year MCSAP trained personnel began to verify that a driver's medical certificate was valid. On two separate occasions it has been determined that the operator of a property carrying vehicle was in possession of a fraudulent document. The CVSA Out of Service Criteria does not specifically address a fraudulent document. CVSA has issued Inspection Bulletin 2012-07 Driver Possession of a Valid Medical Certificate. This inspection bulletin indicates that an operator of a property carrying commercial motor vehicle must have a previous history of failing to produce or having an expired medical certificate in possession. The inspection bulletin also remains silent on a fraudulent medical certificate.

A commercial motor vehicle operator who has taken the initiative to create a fraudulent document should not be treated similarly as an individual who has simply forgot to carry their medical certificate. There is a higher probability that an individual is not medically qualified when willing to take the necessary steps to create a false document versus an individual with an expired document in their possession. There is one example provided to substantiate the concern as the driver was operating the wrong way on a divided highway. If the fraudulent document was the only violation discovered, future operation could not have been prevented. The operators last medical was almost three years previous to the incident.

Include language in the CVSA Out of Service to address a fraudulent medical certificate as an out of service condition. This would require a change to the 2012-07 Inspection Bulletin as well. Add a provision to the Out of Service Criteria to address a faudulent document. 4. Driver Medical/Physical Rquirements (5) Operating a property-carrying vehicle while in possession of a fraudulent medical certificate. (391.41(a)) Declare driver out-of-service.