Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

OOIDA Challenging Rule with Sleep Apnea Referral Requirement

A court challenge of the Federal Motor Carrier Safety Administration’s final rule on medical examiner’s certification integration has been initiated by the Owner-Operator Independent Drivers Association.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
November 14, 2016
OOIDA Challenging Rule with Sleep Apnea Referral Requirement

 

2 min to read


A court challenge of the Federal Motor Carrier Safety Administration’s final rule on medical examiner’s certification integration has been initiated by the Owner-Operator Independent Drivers Association.

OOIDA said on Nov. 14 that it has filed a petition for review of the rule because “the agency bypassed the rulemaking process by adding an appendix on sleep apnea.” The petition was filed with the U.S. Court of Appeals for the 8th Circuit in St. Louis. 

Ad Loading...

In a press release, OOIDA said that the appendix [Respiratory Dysfunction: 391.41(b)(5)] was not included in the proposed rulemaking. That appendix reads in part that “There are many conditions that interfere with oxygen exchange and may result in incapacitation, including emphysema, chronic asthma, carcinoma, tuberculosis, chronic bronchitis and sleep apnea. If the medical examiner detects a respiratory dysfunction, that in any way is likely to interfere with the driver's ability to safely control and drive a commercial motor vehicle, the driver must be referred to a specialist for further evaluation and therapy.”

OOIDA contends that “by law, FMCSA is supposed to conduct a formal rulemaking before requiring sleep apnea testing for commercial truck drivers.”  

The final rule in question, issued in April 2015, required that certified medical examiners, who perform CDL physicals, to use a new medical form.  FMCSA said the rule aims to facilitate the electronic transmission of MEC information from FMCSA’s National Registry to State driver’s licensing agencies and it requires the use of the revised MER and MEC forms.  

Ad Loading...

OOIDA stated that in previous comments it had made on that final rule, it maintained that “drivers are the ones forced to pay for the arbitrary [sleep apnea] standards.”  

“These practices pull safe drivers off the road for protracted periods of time and force them to spend thousands of dollars on unwarranted tests and expensive exams,” OOIDA wrote. “In worst-case situations, safe driving careers are ended and small businesses are forced to close. OOIDA members have experienced these consequences firsthand on too many occasions."

OOIDA said it will file full arguments by Dec. 19.

More Fleet Management

Red Kodiak-branded autonomous tractor with Charger-branded trailer backed up to warehouse
Fleet Management•October 30, 2026

Kodiak Lines Up Fleets for Driverless Trucking

An agreement for 75 trucks, a new Texas freight lane, and progress on safety validation move Kodiak closer to its planned driverless highway launch.

Read More →
Illustration with Star of David and EEOC logo
Fleet Management•by News/Media Release•October 28, 2026

ITS Logistics Settles Religious Harassment Case

The Nevada-based logistics firm agreed to pay more than $396,000 to settle a religious harassment charge involving an employee's Jewish identity.

Read More →
Truck on divided interstate highway driving toward sunrise
Fleet Management•October 27, 2026

Your Trucks Are Busy. That Doesn’t Mean They’re Winning.

High utilization doesn’t always mean strong margins. Looking beyond the current load can help fleets make better dispatch decisions and get more value from each truck’s time.

Read More →
Ad Loading...
ATA economist Bob Costello speaking beside a graph showing truckload operating costs rising as freight revenue per mile declined after 2022.
Fleet Management•by Deborah Lockridge•October 22, 2026

Why This Trucking Recovery Is Different

Freight demand remains sluggish, but rising costs and tougher enforcement have taken enough capacity out of the market to change the outlook for motor carriers.

Read More →
PS Coach tablet interface showing a driver’s coaching inbox, safety event video and coaching advice for a harsh-braking event.
Fleet Management•by News/Media Release•October 21, 2026

Platform Science Adds Dispatch and Safety Tools

Four additions to PS Fleet help fleets monitor loads, manage driver coaching, share truck locations and adjust video system settings.

Read More →
Screen capture showing PrePass Intelligence data on tolls
Fleet Management•by News/Media Release•October 21, 2026

PrePass Intelligence Mines Fleet Bypass, Toll and Safety Data

PrePass Intelligence helps fleets measure bypass savings, flag potential toll overcharges, and spot suspicious transactions by combining data from separate systems.

Read More →
Ad Loading...
Computer screen showing examples of what fleets could ask Motive AI Agents to do
Fleet Management•by Staff•October 20, 2026

Motive Adds AI Agents for Fleet Operations

New tools automate follow-up on fleet data, from maintenance work orders to driver alerts, with two-way voice conversations planned for later this year.

Read More →
Graphic art with a heavy-duty tractor trailer and a work truck with the words "trivia lunch"
Fleet Management•by Lauren Fletcher•October 19, 2026

Can You Beat Our Trucking Trivia Challenge?

Test your truck knowledge with 19 trivia questions from Heavy Duty Trucking Exchange. Can you keep up with the fleet pros?

Read More →
Four horizontal and two vertical video screens show different aspects of BeyondTruck's new compatibility engine
Fleet Management•by Deborah Lockridge•October 19, 2026

BeyondTrucks Adds Rules Checks to Dispatch

New Compatibility Engine checks driver qualifications, equipment requirements and fleet policies before loads are dispatched.

Read More →
Ad Loading...
Gloved hand fueling a truck beside a graphic listing ATRI’s top three trucking concerns for 2026: fuel prices, lawsuit abuse reform and CSA.
Fleet Management•by Deborah Lockridge•October 19, 2026

Diesel Prices Hijack Trucking’s Worry List

ATRI’s annual survey finds cautious optimism about freight, but diesel costs, litigation, and insurance continue to squeeze fleets. Drivers have different priorities on several issues.

Read More →