Violation codeDriver Fitness

§391.41(a)

Driver lacking valid medical certificate

49 CFR §391.41

Every CMV driver must possess a current medical examiner's certificate from a certified medical examiner. Operating without one — or with an expired one — is a high-severity Driver Fitness BASIC violation.

At a glance

Severity
8
OOS eligible
Yes
BASIC category
Driver Fitness
Typical fine
Up to $4,812 (driver); carrier liable for using an unqualified driver

Section 391.41(a) requires every CMV driver to be physically qualified and to hold a medical examiner's certificate evidencing that qualification. The certificate must be issued by a medical examiner listed on the FMCSA National Registry under §391.43.

How long the certificate is valid

A medical certificate is valid for up to 24 months from the date of issue, though many are issued for shorter periods (12 months, 6 months, 3 months) when conditions warrant. Operate beyond the certificate expiration and you are operating in violation.

OOS criteria

A driver without a valid medical certificate is placed out of service.

How to prevent it

  • Track medical certificate expiration explicitly — this is the second most common driver-fitness violation behind CDL expiration.
  • Schedule the renewal exam before expiration, not on the day of.
  • Keep a copy of the certificate on file or rely on the National Registry verification (depending on jurisdiction and CDL state).
  • For self-certified non-CDL drivers, retain the long-form examination if applicable.

How Roadworthy HQ helps

Medical certificate expirations generate reminders at 90, 60, 30, and 7 days, and an alert once the certificate has lapsed. The certificate scan is stored on the driver record, and the DQF tab shows the medical certificate as present or missing.

Related violations
Field guides

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Free toolDQF Completeness Checker →Driver Fitness citations start in the qualification file — check every §391.51 item before an auditor does.

Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights