Editorial Notes

References in Text

The Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (c)(1)(D), is Pub. L. 112–141, div. C, title II, July 6, 2012, 126 Stat. 776. For complete classification of this Act to the Code, see Short Title of 2012 Amendment note set out under section 30101 of this title and Tables.

Amendments

2012—Subsec. (c)(1)(D). Pub. L. 112–141, § 32302(b), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “develop, as appropriate, specific courses and materials for medical examiners listed in the national registry established under this section, and require those medical examiners to, at a minimum, self-certify that they have completed specific training, including refresher courses, to be listed in the registry;”.

Subsec. (c)(1)(E). Pub. L. 112–141, § 32302(c)(1)(A), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “require medical examiners to transmit the name of the applicant and numerical identifier, as determined by the Administrator of the Federal Motor Carrier Safety Administration, for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, electronically to the chief medical examiner on monthly basis; and”.

Subsec. (c)(1)(G). Pub. L. 112–141, § 32302(c)(1)(B), (C), added subpar. (G).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by section 32302(b) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Pub. L. 112–141, div. C, title II, § 32302(c)(2)(B), July 6, 2012, 126 Stat. 789, as amended by Pub. L. 114–94, div. A, title V, § 5508(b)(3), Dec. 4, 2015, 129 Stat. 1554, provided that: “The amendments made by section 32302(c)(1) of this Act [amending this section] shall take effect on the date the oversight policies and procedures are established pursuant to subparagraph (A).”

[Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(3) to section 32302(c)(2)(B) of Pub. L. 112–141, set out above, is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.]

Effective Date

Pub. L. 109–59, title IV, § 4116(f), Aug. 10, 2005, 119 Stat. 1728, as amended by Pub. L. 110–244, title III, § 301(d), June 6, 2008, 122 Stat. 1616, provided that: “The amendments made by subsections (a) and (b) [enacting this section and amending section 31136 of this title] shall take effect on the 365th day following the date of enactment of this Act [Aug. 10, 2005].”

[Amendment by Pub. L. 110–244 to section 4116(f) of Pub. L. 109–59, set out above, effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as an Effective Date of 2008 note under section 101 of Title 23, Highways.]

Medical Certification of Veterans for Commercial Driver’s Licenses

Pub. L. 114–94, div. A, title V, § 5403, Dec. 4, 2015, 129 Stat. 1548, as amended by Pub. L. 115–105, § 2(a), (b), Jan. 8, 2018, 131 Stat. 2263, provided that:

“(a)

In General.—

In the case of a veteran operator approved by a qualified examiner, the qualified examiner of such operator may, subject to the requirements of subsection (b), perform a medical examination and provide a medical certificate for purposes of compliance with the requirements of section 31149 of title 49, United States Code.

“(b)

Certification.—

The certification described under subsection (a) shall include—

“(1)

assurances that the examiner performing the medical examination meets the requirements of a qualified examiner under this section; and

“(2)

certification that the physical condition of the operator is adequate to enable such operator to operate a commercial motor vehicle safely.

“(c)

National Registry of Medical Examiners.—

The Secretary [of Transportation], in consultation with the Secretary of Veterans Affairs, shall develop a process for qualified examiners to perform a medical examination and provide a medical certificate under subsection (a) and include such examiners on the national registry of medical examiners established under section 31149(d) of title 49, United States Code.

“(d)

Definitions.—

In this section, the following definitions apply:

“(1)

Qualified examiner.—

The term ‘qualified examiner’ means an individual who—

“(A)

is employed by the Department of Veterans Affairs as an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional;

“(B)

is licensed, certified, or registered in a State to perform physical examinations;

“(C)

is familiar with the standards for, and physical requirements of, an operator required to be medically certified under section 31149 of title 49, United States Code; and

“(D)

has never, with respect to such section, been found to have acted fraudulently, including by fraudulently awarding a medical certificate.

“(2)

Veteran.—

The term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code.

“(3)

Veteran operator approved by a qualified examiner.—

The term ‘veteran operator approved by a qualified examiner’ means an operator of a commercial motor vehicle who—

“(A)

is a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code; and

“(B)

is required to have a current valid medical certificate pursuant to section 31149 of title 49, United States Code.

“(e)

Statutory Construction.—

Nothing in this section shall be construed to change any statutory penalty associated with fraud or abuse.”

[Pub. L. 115–105, § 2(c), Jan. 8, 2018, 131 Stat. 2264, provided that: “The amendments made by this section [amending section 5403 of Pub. L. 114–94, set out above] shall be incorporated into any rulemaking proceeding related to section 5403 of the FAST Act (49 U.S.C. 31149 note; 129 Stat. 1548) that is being conducted as of the date of the enactment of this Act [Jan. 8, 2018].”]

Deadline for Establishment of National Registry of Medical Examiners

Pub. L. 112–141, div. C, title II, § 32302(a), July 6, 2012, 126 Stat. 788, provided that: “Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall establish a national registry of medical examiners in accordance with section 31149(d)(1) of title 49, United States Code.”

Internal Oversight Policy

Pub. L. 112–141, div. C, title II, § 32302(c)(2)(A), July 6, 2012, 126 Stat. 789, provided that: “Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall establish an oversight policy and procedure to carry out section 31149(c)(1)(G) of title 49, United States Code, as added by section 32302(c)(1) of this Act.”