Violation code391.41(a)

§391.41(a)

Driver lacking valid medical certificate

49 CFR §391.41

At a glance

Severity
8
OOS eligible
Yes
BASIC category
Driver Fitness
Typical fine
$1,000–$2,750 (driver); carrier liable for using an unqualified driver

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.

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 alerts at 60 days and 30 days. The certificate scan is stored on the driver record. The DQF completeness view includes medical certificate status as a §391.51(b) line item.

Related violations

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Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

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