FMCSA clarifies ‘medical treatment’ for accident register determination

Washington — An X-ray exam is a diagnostic procedure and should no longer be classified as “medical treatment” when determining if a crash needs to be included in a motor carrier’s accident register, the Federal Motor Carrier Safety Administration states in revised regulatory guidance.

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

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Under 49 CFR 390.15(b), motor carriers must keep an accident register for three years after the date of each crash.

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

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

The guidance is effective until Feb. 25, 2027.

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