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OOSC, Part I, Item 4. Driver Medical/Physical Requirements, b. Medical Certificate (4) - Clarification of Previously Cited

Entry DateOctober 24, 2023
Issue Number23-050-DRV
NameSteven Frizzell
AgencyMICHIGAN STATE POLICE CVED
Address3580 S Isabella RdMount Pleasant, Michigan, 48858United StatesMap It (opens in a new tab)
Phone17347906890
Email[email protected]
CommitteeDriver-Traffic Enforcement Committee
StatusClosed
Summary of Issue

When conducting an inspection on a driver that does not have a current medical certificate, per the OOSC, the driver is placed out of service for not being in possession of a medical certificate or in possession of an expired medical certificate with "previous history." Does "previous history" pertain to only the current medical certificate or does the officer take into account the driver’s previously cited violation from medical certificates that expired years ago?

Justification or Need

If a driver has a medical certificate valid 10/03/2022 through 10/03/2023, but was cited for not having a current medical on 08/16/2022, would that driver still be placed out of service for “previously cited” or does “previously cited” reset each time the driver updates his medical certificate? OOSC reads "Operating a property-carrying vehicle without a valid medical certificate in possession or on file with the state driver licensing agency. If the driver fails to produce a medical certificate or has an expired medical certificate and has previous history of either failing to produce a medical certificate or having an expired medical certificate."

Request for Action

Add a note to the OOSC that explains "previously cited." Does it mean ANY previous medical certificate in violation or violation of the current medical certificate. Does "previously cited" reset each time the driver obtains a new medical certificate? Subsequently, FMCSA expressed concerns regarding how the decision could impact non-CDL drivers, and the Board of Directors requested the committee discuss the concerns from FMCSA. The committee agreed, after hearing the presentation from FMCSA, that the original action item was still consistent with the intent of the committee to declare the driver out of service when they do not provide a valid medical certificate.