What Would You Do?

This recurring newsletter is designed to keep your mind sharp and well-informed about DOT regulations and guidelines related to physical exams, drug testing, and breath alcohol testing. Each edition features an exam scenario, accompanied by a concise discussion on navigating the exam in accordance with regulations, guidelines, recommendations, and clinical best practices. 

Stay informed, stay compliant! 

Scenario: 

A non-US citizen presents for a DOT physical exam. The individual presents a foreign photo ID. They have difficulty communicating in English, but they have brought with them someone to help translate. 

What would you do?

Discussion:

According to the FMCSA, “Certified Medical Examiners (MEs) may conduct a physical qualification examination on any driver that requests one. For drivers with a foreign license or no license, the ME should verify the identity of the driver with a photo identification prior to conducting the examination, just as would be done for a U.S. driver.”

An ME does not need to know where an individual has their true, fixed, permanent home and principal residence to perform the exam and issue a Medical Examiner’s Certificate. It is the responsibility of the State Driver’s Licensing Agency (SDLA) to determine whether to issue a standard or non-domiciled CLP/CDL.

Due to reciprocity agreements with Canada and Mexico, exams are not necessary for nearly all drivers with a Canadian or Mexican CDL license. However, a US employer may still require that the exam be performed.

Ability to speak English

MEs are not required to certify to the level that a driver understands English, but the level of communication must be sufficient to allow for a thorough examination to be conducted with confidence. However, if ME cannot obtain a complete medical history to properly continue with the exam, with or without an interpreter, the exam should not be conducted.

What if the driver requires a medical variance?

When a foreign driver requires a Federal medical exemption or SPE Certificate to be medically qualified, the ME may still issue a certificate. They should explain to the driver that FMCSA determines whether to issue an exemption or SPE Certificate and to contact FMCSA’s Medical Programs Division for additional information.

Conclusion:

A DOT physical exam can be conducted on a foreign driver and a certificate can be provided, including if the certificate must be accompanied by a federal exemption or an SPE certificate. The ME must simply be able to identify the driver with a photo ID and the level of communication must be sufficient for the ME to be confident that the exam has been completed successfully.

On the exam form and certificate, the ME should enter the State where the driver is going to be licensed and enter “None” for the license number. 

If the driver is not going to apply for a commercial license in the U.S., the examination results do not need to be entered into the National Registry.