Violation code391.45

§391.45

Persons who must be medically examined

49 CFR §391.45

At a glance

Severity
3
OOS eligible
No
BASIC category
Driver Fitness
Typical fine
Audit-time penalty; pattern findings = §385.321(b)(1) auto-fail risk

All drivers must have a current medical certificate per §391.41 at hire, after any condition that interferes with safe operation, and at least every 24 months. Severity weight 3.

§391.45 lists the situations in which a driver must be medically examined: before driving a CMV unless examined and certified during the preceding 24 months; after the medical-certificate expiration; after any injury or illness that impairs ability to perform driving duties (§391.41(b) standards); and after a change in condition that affects qualification under §391.41. The 24-month interval is the outer limit, not the only trigger — the post-condition re-exam requirement is routinely under-enforced.

Severity weight

Severity weight 3 in the Driver Fitness BASIC. A pattern of expired or missing medical certificates is one of the most common new-entrant audit findings under §385.321(b)(1).

What triggers a new exam

  • 24-month re-exam under §391.45(b)(1).
  • Post-injury or post-illness re-exam under §391.41(b) when the condition affects driving ability.
  • Certificate issued for less than 24 months — the shorter interval governs (a 1-year certificate due to controlled hypertension, for example).
  • After a Skill Performance Evaluation (SPE) certificate change.

How to prevent it

  • Track the medical-certificate expiration as a discrete date, not a generic file-review date.
  • Add a §391.45(b)(2) check to the post-incident workflow — any qualifying injury triggers a re-exam.
  • For CDL drivers, the §391.51(b)(6)(ii) CDLIS MVR med-cert status replaces the carrier-filed certificate but does not replace the §391.45 examination requirement itself.

How Roadworthy HQ helps

Roadworthy HQ tracks the §391.45 next-exam date as a separate field, fires 60- and 30-day reminders before expiration, and surfaces post-incident triggers from the driver record to the §391.45(b)(2) re-exam workflow.

Related violations

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