Row 12: Knowingly using a physically unqualified driver (49 CFR 391.11(b)(4))
Row 12 fails a new carrier that knowingly uses a physically unqualified driver. In practice it is usually about a missing or expired DOT medical certificate.
What the rule says
A person is qualified to drive a CMV only if, among other things, the person is physically qualified under Subpart E of Part 391 (49 CFR 391.11 (b)(4)). A person subject to Part 391 must not operate a CMV unless medically certified as physically qualified to do so (49 CFR 391.41). The 385.321 table says this row refers to a driver operating a CMV as defined in 390.5, which starts at 10,001 lbs, so non-CDL drivers are included (49 CFR 385.321).
How often drivers must be examined
A driver must be examined and certified if never certified before, and again if not certified within the preceding 24 months; certain drivers need it every 12 months (for example drivers certified under the insulin-treated diabetes or vision standards), and a driver whose ability to perform normal duties has been impaired by injury or disease must be re-examined (49 CFR 391.45). The medical examiner may certify for a shorter period, so read the expiry date on each certificate.
What goes in the driver qualification file
- Non-CDL drivers: the medical examiner's certificate or a legible copy, and a note showing you verified the examiner is listed on the National Registry of Certified Medical Examiners (49 CFR 391.51 (b)(6), (b)(8)).
- CDL drivers: the CDLIS motor vehicle record from the current licensing State showing medical certification status. A non-excepted interstate CDL holder without medical certification status on the CDLIS record is designated "not-certified" (49 CFR 391.51).
- Any medical variance or Skill Performance Evaluation certificate, if the certification depends on one.
Medical certificates and related records may be removed from the file 3 years after they were made (49 CFR 391.51 (d)).
What an auditor compares
Certificate and CDLIS dates against logs and dispatch records. The common failure is not a driver with a serious medical condition; it is a certificate that expired months ago while the driver kept running, or a CDL driver whose new certificate never reached the State, so the State record still shows not-certified.
How to fix it
- List every driver with certificate expiry date and, for CDL drivers, the status on the latest CDLIS MVR.
- Book renewals 30 to 60 days ahead with an examiner on the National Registry.
- For CDL drivers, make sure the driver submits the new certificate to the State and pull a new MVR to confirm.
- Take any driver with an expired certificate off CMV driving until recertified.
If an auditor finds this violation, the audit fails. FMCSA then has up to 45 days to send written notice, and you get 60 days from the notice date to fix the problem and prove it (45 days for certain passenger and hazmat carriers) before your new entrant registration is revoked (49 CFR 385.319, 49 CFR 385.325). The overview explains the timeline.