Current FMCSA Regulations

Federal Motor Carrier Safety Administration (FMCSA)

49 CFR Section 391.41 (b) (5) states:
“Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely.”

49 CFR Section 392.3 with regards to fatigued drivers states:
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

Pending FMCSA Guidelines

The DOT is in the process of updating their general medical guidelines and specific recommendations for determining which drivers are at risk for sleep apnea and in need of testing and treatment.