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Important Definitions

The medical examiner should become familiar with frequently used terms in the context of the Federal Motor Carrier Safety Regulations and the medical examiner role. Select terms from 49 CFR 390.5 and 49 CFR 40 follow.

49 CFR 390.5 Definitions

Commercial Motor Vehicle:

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

  1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
  2. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
  4. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

Driver:

Driver means any person who operates any commercial motor vehicle.

Interstate Commerce:

Interstate commerce means trade, traffic, or transportation in the United States:

  1. Between a place in a State and a place outside of such State (including a place outside of the United States);
  2. Between two places in a State through another State or a place outside of the United States; or
  3. Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.

Intrastate Commerce:

Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term "interstate commerce."

Medical Examiner:

Medical examiner means a person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes, but is not limited to, doctors of medicine and osteopathy, advanced practice nurses, physician assistants and chiropractors.

Motor Carrier:

Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers, and representatives as well as employees responsible for the hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of subchapter B, this definition includes the terms "employer" and "exempt motor carrier."

49 CFR 40.3 What Do the Terms Used in This Regulation Mean?

The Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing of safety-sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines, and other transportation industries. The Department of Transportation (DOT) publishes rules on who must conduct drug and alcohol tests, how to conduct those tests, and what procedures to use when testing. There are times when a medical examiner may have interactions with healthcare professionals who perform services in the drug and alcohol testing program.

Medical Review Officer (MRO):

A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer drug testing program and evaluating medical explanations for certain drug test results.

Substance Abuse Professional (SAP):

A person who evaluates employees who have violated DOT drug and alcohol regulations and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

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