OOSC, Part I, Item 4. Driver Medical/Physical Requirements - Passenger Carrier Driver Medical

A driver operating a for hire bus was stopped for inspection and presented a medical card that was expired. When the license was run through the Texas SLA system it returned with a TX CDL that showed as exempted interstate. The driver stated that he is normally operates a school bus for home to school and school to home operation. This would normally allow him to be exempt from Medical card under the school bus provisions. However at the time of inspection as he was driving on the side as an employee with a For Hire Passenger Bus Intrastate Carrier. His CDL was valid and had not been downgraded because he normally operates under an exempted status. The 2016 OOS Criteria under Part I, Section 4, paragraph 3 had been changed to read “non-cdl required passenger-carrying vehicle without a valid medical card” would be OOS. This differed from prior OOS versions that did not make the distinction between “non-cdl” and “cdl required” busses, and now eliminates the officers ability to place this driver OOS for no medical because he is operating a CDL required passenger bus with no medical.

We feel this has a high level of importance as inspectors are not able to place drivers OOS when operating outside their normal duties that would be exempted for medical requirements.

Amend CVSA OOS Criteria to include language to allow officers to place a driver OOS when operating a passenger carrying vehicle, whether it require CDL or not, if he does not possess a valid medical in possession or on file with SLA.