Ask X3What does 49 CFR 391.47 (Resolution of conflicts of medical evaluation) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Short answer
49 CFR 391.47 requires applications for determination of a driver's medical qualifications to include specific information, such as the name and address of the driver, motor carrier, and medical examiners involved, proof of disagreement between medical examiners, and a copy of an opinion and report from an impartial medical specialist.
The rule says
"The application must contain the name and address of the driver, motor carrier, and all medical examiners and medical specialists involved in the proceeding." (49 CFR 391.47(b)(1))
"The applicant must submit proof that there is a disagreement between the medical examiner for the driver and the medical examiner for the motor carrier concerning the driver's qualifications." (49 CFR 391.47(b)(2))
"The applicant must submit a copy of an opinion and report including results of all tests of an impartial medical specialist in the field in which the medical conflict arose." (49 CFR 391.47(b)(3))
In plain English
The application process requires the submission of detailed information, including the names and addresses of all parties involved, proof of disagreement, and an impartial medical specialist's opinion. This ensures that the Federal Motor Carrier Safety Administration (FMCSA) has all the necessary information to make a determination. In practice, this means that motor carriers and drivers must be prepared to provide thorough documentation to support their claims, and that FMCSA will carefully review this information to make a decision.
What to do
- Ensure that all required information is included in the application, such as names and addresses of parties involved and proof of disagreement.
- Submit a copy of the impartial medical specialist's opinion and report, including test results.
- Verify that the application is complete and accurate before submission to FMCSA.
- Be prepared to provide additional information or clarification as requested by FMCSA during the review process.