Medical treatment

FMCSA Clarifies “Medical Treatment” for Accident Record Determination | 2022-03-14

Washington – An X-ray exam is a diagnostic procedure and should no longer be classified as “medical treatment” in determining whether an accident should be included in a motor carrier’s accident record, the Federal Motor Carrier Safety Administration says in revised regulatory guidelines.

Published in February 25 Federal Registerthe revision comes in response to a petition asking that the FMCSA follow OSHA’s definition of “medical treatment,” which excludes diagnostic procedures such as x-rays and blood tests.

Under 49 CFR 390.15(b), motor carriers must maintain accident records for three years after the date of each accident.

The FMCSA defines an “accident” as “an occurrence involving a commercial motor vehicle traveling on a highway in interstate or intrastate commerce” resulting in:

  • A fatality.
  • Bodily injury to a person who, as a result of the injury, receives immediate medical attention away from the scene of the accident.
  • One or more motor vehicles suffer disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.

The guidelines are in effect until February 25, 2027.