Buying Healthy

Unscrupulous truckers purchasing fake health certificates

One of the federal requirements for commercial truck drivers is a valid health certificate. The health card is issued every two years and requires drivers to get a physical from their doctor. The purpose of the law is to keep drivers off the road who might not be able to drive safely because of a medical condition to help keep trucking accidents to a minimum.

Some of the medical conditions that may exclude a driver from operating a commercial vehicle are:

• Diabetes that requires insulin to keep blood sugar levels under control
• History of heart attack, angina, or any cardiovascular disease that might cause fainting, dizziness or collapse.
• A history of seizure.
• High blood pressure history or medication that may interfere with the ability to drive.
• Diagnosis of narcolepsy.
• Current diagnosis of alcoholism or evidence of narcotic use.
• Mental illness or psychiatric condition that might impair the ability to drive.
• Any other medical condition, such as arthritis or neuromuscular defect, that would impair driving ability.

Not meeting vision and hearing standards will also medically disqualify a driver.

The incentive to cheat

While the list above may seem like commonsense, for many drivers they face a loss of their jobs and careers if they expose any medical condition on the list. While the public is more concerned about safety, individual drivers may worry more about loss of income. Like anyone else, they probably think they are the exception to the rule, and ‘it won’t happen to me’. But every year it does happen – over and over again – a driver falls asleep or has a heart attack. And a 40-ton semi-truck goes careening out of control.

Because the health certification is required to maintain a commercial driver’s license, truckers have found several ways to cheat the system.

How they cheat

There are several methods on offer. The first is to simply ignore the rules altogether. Not having a valid medical certificate while driving will get you a fine, but they don’t pull your license.

Another way to cheat is to print up a blank heath card and fill it in. The card and certificate are used to obtain a CDL and have to be on the driver’s person when operating a semi-truck. However, there is no easy way to verify it, especially when issued by an out of state doctor, so there is a temptation to do a little ‘computer magic’ and print one up at home. The basic forms can be downloaded from the Department of Transportation’s own website.

The methods above have fallen out of fashion with the rise of quick-stop health clinics. These are located right where drivers need them – in the parking lots of truck stops. Some even go so far as to have mobile locations that move across the country, offering services wherever drivers are likely to congregate.

For $40 to $80, a quickie medical exam and certificate can be had from a real professional (and this can be a chiropractor, physician assistant or advanced practice nurse as well as an MD). The assumption is that few, if any tests will be done and the driver only has to answer questions about their medical history to pass. A bit of conversation with other drivers will give the correct answers. And if you fail at one truck-stop doc, try another tomorrow. There is no central database to check.

An article on MSN describes one trucker’s experience:

Caffee remembers that he had trouble reading past the top two lines of the eye chart. "I told her I wear glasses, and she OK'd me," he said, even though his driver's license didn’t say he was required to wear glasses.

The whole thing was over in 20 minutes, and Caffee emerged with a medical certificate that states he is healthy enough to drive a commercial truck for the next two years. Cost of exam: $30.

Why does this matter legally?

When a semi truck accident attorney is pursuing a case against a trucking company, one of the considerations is the condition of the driver at the time of the accident. If the driver is concealing a medical condition it can be a critical part of the case. Your trucking accident attorney will obtain a copy of the driver’s current medical certificate and look into the validity of the document.

Drivers who cheat the system endanger everyone else on the roadway. If you have been the victim of a trucking accident, the best advice is to seek out an aggressive personal injury lawyer who will dig into the facts of the case.

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