Information for Medical Examiners

Public Act 181 of 1963 (Motor Carrier Safety Act) as amended created Michigan Compiled Law 480.13. This is the statue allowing the Michigan Department of State Police, Commercial Vehicle Enforcement Division to issue an intrastate medical waiver to a driver who is not qualified under 49 CFR Part 391. Public Act 181 created the Motor Carrier Safety Appeal Board responsible for deciding medical waiver applications and authorizes the board to approve waivers in whole or in part. Medical waivers granted by the Motor Carrier Safety Appeal Board do not necessarily waive all the requirements of 49 CFR 391.41, the waiver will address a specific condition for which a driver is unable to qualify.

The State of Michigan does not have a "one size fits all" chart for each disqualifying condition. Each application submitted is considered on a case-by-case basis and relies upon your professional medical opinion. It is important to understand the waiver is only valid for intrastate transportation which is defined as within the geographical borders of Michigan only and applies to the driver and the freight carried, neither may have an origin or destination outside of the State of Michigan. Each applicant for a waiver will be required to obtain no less than two medical examinations within 60 days of when the application is submitted. The DOT medical exam may count as one of those examinations and the other examination must be from the applicant's treating physician and conducted using 49 CFR 391.43 as a guideline. Both exams must favorably indicate the driver is otherwise qualified. The statue granting authority to issue a waiver allows this agency to suspend or revoke a waiver at any time and prevents the granting or denial of a waiver from having any bearing on worker's compensation status.

For information about conditions eligible for an intrastate waiver and criteria used to decide, return to the home page and click on the specific condition. If you have other questions you may contact our office.

For a driver to be eligible for an intrastate medical waiver, the MCSA-5875 form (Medical Examination Report) would need to be completed with special attention given to pages 4 and 5 of the form.

Page 4 of form MCSA-5875 - Do not complete. This is the Federal portion of the form used to qualify a driver for interstate operations and would not allow for the issuance of an intrastate waiver.

Page 5 of form MCSA-5875 - This is the State portion of the form for intrastate drivers. There are three options on this form.

1.  Does not meet standards and would NOT be eligible for an intrastate waiver – by marking this box, you are indicating the driver is not qualified and in your professional medical opinion, the driver should not be granted an intrastate waiver.

2.  Meets standards WITH applicable state variances.  – by marking this box, you are indicating the driver is “otherwise qualified” and would meet the standards if a state variance (waiver) granted from the condition for which the driver is unable qualify.  Specify the condition on the waiver/exemption line.  The driver cannot legally operate until a waiver is granted.

3.  Meets standards, but periodic monitoring required.   This box means the driver is fully qualified and does not need a waiver but should be qualified for less than 2 years because of a condition that needs monitoring.  Marking this box means the driver is qualified and would not need a waiver.

After completing the MCSA-5875 examination form, issue a medical examiner’s certificate (Form MCSA-5876).   This form is completed regardless of interstate or intrastate and is used by both federal and state agencies.  Intrastate drivers are required to have this card in their possession while operating.

On the MCSA-5876 form, there are only two options.

1.  The top box is for drivers meeting all requirements, fully qualified, and not needing a waiver but could require restrictions such as corrective lenses or hearing aids as indicated below the box.  This box will qualify the driver for both interstate and intrastate operations.

2.  The second box mirrors the State portion of the MCSA-5875 form.  Checking this box indicates the driver is otherwise qualified and could operate only if a state variance is granted.  When issuing the medical examiner’s certificate and marking this option, the driver cannot legally operate a commercial vehicle until a waiver is granted.  The examiner should sign the card and provide an expiration date.   In most cases, a driver requiring a waiver should be reexamined annually.  This is our recommendation only and is not a firm requirement.  It is recognized there may be some drivers and circumstances for which an annual exam may not be necessary.  This will be at the discretion of the medical examiner and shall not be more than two years from the date of exam.  If a medical waiver is granted, it will expire on the same date as the medical examiner’s certificate unless the Motor Carrier Safety Advisory Board deems it necessary to issue the waiver for a shorter duration.   The Motor Carrier Safety Advisory Board reserves the right to approve or deny a medical waiver in whole or in part regardless of the results of a medical evaluation.

A common mistake found on the MCSA-5875 and MCSA-5876 forms is using the federal portion (page 4) for intrastate drivers, marking the driver as fully qualified, and then checking the waiver box.   Drivers will be required to obtain a corrected certificate before a waiver can be processed.

For additional information or questions, please contact the Medical Waiver Unit at 517-284-3250.

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