In what cases is a driver’s medical certificate required?
Does an employer have the right to require a driver working in his organization to have a valid medical certificate of authorization to drive vehicles?
Having considered the issue, we came to the following conclusion:
The employer does not have the right to require an employee filling the position of driver to present the certificate specified in the question.
Rationale for the conclusion:
In accordance with Art. 213 of the Labor Code of the Russian Federation, some categories of workers are required to undergo preliminary and periodic medical examinations. It should be noted that the legislation distinguishes between such types of procedures as medical examination (examination) and medical examination; they are independent activities that have different goals, forms, means, etc. The procedure for conducting medical examinations (examinations) and the procedure for conducting medical examinations are regulated by various rules of law.
So, according to paragraph 1 of Art. 23 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety” (hereinafter referred to as Law N 196-FZ), medical support for road safety includes, among other things, mandatory medical examination and re-examination of driver candidates and vehicle drivers. The examination is carried out in the cases provided for in paragraphs. 10, 16, 38 of the Rules for passing qualification exams and issuing driver’s licenses, approved by Decree of the Government of the Russian Federation of December 15, 1999 N 1396. Based on the results of the examination, the citizen is issued a medical certificate of admission to driving vehicles. The form of the certificate is established by Appendix No. 1 to the Order of the Ministry of Health and Social Development of Russia dated September 28, 2010 No. 831n “On approval of a single sample of a Medical Certificate of Admission to Driving Vehicles.” Currently, this certificate is issued without indicating its validity period.
Thus, mandatory medical examination and re-examination of driver candidates and vehicle drivers are an independent legal procedure necessary for all interested parties to obtain permission to drive vehicles, regardless of whether they work as drivers or not. Labor legislation does not contain requirements for drivers to periodically confirm their right to drive vehicles, since this function is performed by a driver’s license of the appropriate category with a specified validity period.
Instead, it is envisaged that employees engaged in work related to the movement of traffic and control of land vehicles undergo mandatory periodic medical examinations to determine the suitability of these employees to perform the assigned work and prevent occupational diseases (part one of article 213 of the Labor Code of the Russian Federation, clause 27 of the appendix No. 2 to the order of the Ministry of Health and Social Development of Russia dated April 12, 2011 No. 302n). Thus, the specified medical certificate is not a document confirming that the employee has undergone a periodic medical examination, therefore the employer does not have any legal grounds for requesting such a certificate from the driver working in the organization.
Expert of the Legal Consulting Service GARANT
The answer has passed quality control
November 14, 2013
The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.
Medical certificate for drivers
In today’s article we will talk about all the nuances associated with a medical certificate for a driver’s license.
The current certificate form has been replaced since 2010 by a new medical certificate (Form 003-B/U), which was adopted on July 1, 2016 and will now be issued in 2019. More than one month has passed since then, but still not every driver knows exactly in what situations a medical certificate is required and how to obtain a medical certificate.
In what cases does a driver need a medical certificate in 2019?
In 2018-2019, a driver will need a medical certificate in the following situations:
- When obtaining a driver's license for the first time;
- Upon receipt of a previously unopened category on a driver’s license;
- In case of replacement of the driver's license due to the expiration of such document;
- When returning the driver's license after their deprivation. This paragraph applies to cases involving drunk driving;
- In a situation where the driver’s license must contain a special note “medical certificate is required.”
Some time ago, a medical certificate was also required when undergoing an inspection of the technical condition of a vehicle. Today, such a case does not require a medical certificate.
What do you need to get honey? certificate?
If you want to receive a medical certificate, you will need to present the following documents:
- Original passport;
- Two photographs, size 3cm * 4cm;
- For males - military ID or registration document.
Where can I get a medical certificate for a driver's license?
A driver's license in accordance with the new model can be issued after passing such procedures and approval of the following medical specialists:
Pay your attention to points No. 3 and No. 4. In order to obtain a medical certificate, in any case you will have to visit narcology and psychoneurology. And this will need to be done only at the place of permanent registration, permanent/temporary registration. Without any form of registration, you will not be able to officially see a narcologist or psychiatrist.
In addition to the above situation, it will be necessary to undergo all other mandatory doctors, as well as the prescribed procedures. In addition, it can be seen that for some points the driver is examined only when he has been referred by the appropriate doctor. The driver can go through points No. 1 and 2, as well as Nos. 5-7, at any medical center convenient for him throughout the Russian Federation.
You can obtain a medical certificate using the following algorithm:
- The driver goes to any medical center convenient for him to receive initial examinations. In such a medical center, a medical card is issued to him, with which the driver will undergo further examinations. It is worth remembering that in the case when it is necessary to open several categories of rights at once, it is necessary to communicate this desire at the very beginning, since the immediate list of all examinations depends on the categories being submitted. For example, if you plan to take another category in the same year, you will receive a certificate for that immediately. If you do not do this in advance, you will then have to go through the entire procedure again, that is, get a certificate again. After the medical card is issued, immediately, in the same institution, go through all the specialists on site. After the examination, each doctor is obliged to enter the information received into the card already in hand.
- Be sure to see a narcologist and a neuropsychiatrist. Each of these specialists conducts an examination and fills out the field corresponding to their profile in the medical card.
- After these procedures, the driver must return to the center from which he began the examination (point 1) and consult a therapist. The general practitioner, having reviewed the completed medical record, issues a medical certificate to the traffic police.
Validity period of a medical certificate for a license
The established validity period of a medical certificate in 2018-2019 is determined to be 12 months. The expiration date of the certificate can be found on the front side of the document, to the right of the driver’s photo card.
The medical certificate is considered fully valid in all respects up to the date indicated on it. The certificate is considered valid even if the driver applies with the document to the traffic police department on the very last day.
Please note that there are situations when a medical certificate can be issued for a shorter period.
Previously, certificates were issued for a period of two or three years. Certificates of this type are considered valid until the date stamped on them.
Cost of a driver's license certificate
The cost of a medical document is determined by the amounts paid in each of the institutions: in the primary medical center, in the psychoneurological dispensary, in narcology,.
Depending on the location of the commission, a medical certificate will cost approximately 1.5 – 3 thousand rubles.
How long does it take for a driver to obtain a medical certificate in 2019?
If you dedicate one day to this activity, that should be enough. Typically, an hour is spent at the primary health center and another half an hour at each of the dispensaries. That is, if the institutions are not far away, you can do it in half a day. As practice shows, in one working day you can obtain a medical certificate and then change your driver’s license.
Perhaps some drivers have a desire to buy a driver’s medical certificate - however, even without any criminality, going through doctors takes a little time and does not cause any complications.
Call +7 (499) 455-12-39 (MSK and MO), +7 (812) 426-14-93 (SPb and LO) and 8 (800) 500-27-29 ext.697 (general) and our auto lawyer will answer all your questions for FREE.
In what cases is a driver’s medical certificate required?
All driver candidates of any category or subcategory must have a medical certificate for admission to the exam.
And also in connection with the replacement of a driver’s license after its expiration, or in connection with the return of a driver’s license after the expiration of the period of deprivation of the right to drive vehicles in the event that a mandatory medical examination is required in accordance with the legislation of the Russian Federation on administrative offenses, or in connection with the return of a driver's license after serving a sentence in the form of deprivation of the right to occupy certain positions or engage in certain activities (in case of deprivation of the right to drive vehicles)
Mandatory medical examination is carried out in medical organizations of the state, municipal and private healthcare systems that have a license for medical activities to provide relevant services (perform work).
The validity of the medical certificate is 1 year . The validity period of a driver's license is 10 years, it turns out that if you decide to get a driver's license, for example, to drive a personal car, you need a certificate only once every 10 years, upon receipt and after 10 years for replacement (if you are not deprived).
For hired drivers, when applying for a job, you are required to present a medical certificate and its validity is 1 year.
3. Mandatory preliminary medical examinations are carried out for persons hired as vehicle drivers.
Mandatory periodic medical examinations are carried out during the entire time a person works as a driver of a vehicle.
Mandatory pre-trip medical examinations are carried out during the entire time a person works as a driver of a vehicle, with the exception of drivers driving vehicles traveling on calls from emergency services.
Mandatory post-trip medical examinations are carried out during the entire time a person works as a driver of a vehicle, if such work involves the transportation of passengers or dangerous goods.
4. The requirement to undergo mandatory medical examinations applies to individual entrepreneurs if they independently drive vehicles engaged in transportation.
5. Mandatory medical examinations specified in paragraph 3 of this article are carried out at the expense of the employer.
A traffic police officer on the road does not have the right to demand a medical certificate from the driver, so there is no need to carry it with you. (Except for cases when the special notes on the driver’s license indicate “Driving with a medical certificate”).
How to obtain a medical certificate for your license
1. Where can I get a medical examination for a driver’s license?
To obtain a certificate to obtain or replace a driver's license, you will need to go through:
- examination by a psychiatrist and psychiatrist-narcologist - only in state and municipal medical institutions at the place of residence or stay. Nonresident citizens can undergo examination by a psychiatrist-narcologist and psychiatrist in Moscow if they present a document confirming their temporary registration.
- from all other doctors - in any medical organization licensed to issue certificates for obtaining a driver’s license.
If you have permanent registration in Moscow, you can sign up for a medical driver's examination online. In this case, examination by all doctors is carried out in one of ten
“>Moscow polyclinics.
2. Which doctors should be examined by a doctor to obtain a license for categories A, A1, B, B1, BE, M?
- therapist or general practitioner (family doctor) - required;
- ophthalmologist - required;
- psychiatrist - required;
- psychiatrist-narcologist - required;
- a neurologist - only if referred by a therapist.
The neurologist, at his discretion, may prescribe electroencephalography for you. An addiction psychiatrist may require you to take blood and urine tests.
3. Which doctors should be examined by a doctor to obtain a license for categories C, C1, CE, D, D1, DE, D1E, Tm, Tb?
- therapist or general practitioner (family doctor) - required;
- ophthalmologist - required;
- otorhinolaryngologist - required;
- psychiatrist - required;
- psychiatrist-narcologist - required;
- a neurologist is a must.
It is also mandatory to do electroencephalography. An addiction psychiatrist may require you to take blood and urine tests.
4. How is the certificate issued?
A medical report form on the presence (absence) of vehicle drivers (candidate vehicle drivers) of medical contraindications, medical indications or medical restrictions for driving vehicles will be issued by the first doctor you visit. You will need to show him your passport and a document confirming payment for the medical examination.
Then the other doctors must put marks on the certificate. At the end of the medical examination, you need to contact a general practitioner who will complete the certificate.
5. Do I need to pay for a certificate at a public clinic?
In accordance with the Law “On Road Safety”, mandatory medical examinations are carried out at the expense of drivers (driver candidates).
Thus, issuing a medical certificate to obtain or replace a license is a paid service. The medical organization is obliged to conclude an agreement with you for the provision of paid medical services.
6. How long is a medical certificate valid?
The validity period of a medical certificate for a license is 12 months from the date of issue.
Medical certificate to replace a driver's license in 2020
Good afternoon, dear reader.
In this article we will talk about a medical certificate , which should be provided to the traffic police to obtain a driver's license.
Medical certificate forms change quite regularly, and the same applies to the rules for passing a medical commission. This article discusses current regulatory documents that came into force in the second half of 2019.
As a rule, a driver needs a medical certificate for the traffic police only once every 10 years, and during this time the rules for obtaining the document have time to change significantly.
In this article you will learn:
Why do you need a driver's license? certificate in 2019 and 2020
In 2020, a driver’s medical certificate will be useful in the following cases:
- To pass qualifying exams and obtain a first driver’s license (if the certificate expires during the exam process, you need to obtain a new certificate before the next retake attempt - clause 17 of the exam rules);
- To obtain a new category of rights;
- For a planned replacement of a driver’s license due to expiration (every 10 years);
- To return a license after deprivation (if the violation was related to the driver’s intoxication);
- To drive a car, if the driver’s license has a special mark “med. certificate is required."
- For early replacement of a driver's license at the request of the driver. The certificate is provided only if the driver wants to obtain a new license for a full period of 10 years. If honey the conclusion is not provided to the traffic police, then the license will be issued for the same period as the previous ones.
Previously, a medical certificate was also required for:
In 2019, in the two cases listed above, the conclusion of a medical commission is not required.
What do you need to get honey? certificates?
To obtain a medical certificate you will need:
- passport;
- military ID or registration certificate (for men).
are not needed to obtain a driver's certificate , because... There is no place for them in the new sample certificates.
Where to get a medical certificate for a driver's license
A new driver’s license is issued after passing the following medical specialists and procedures:
Psychiatrist and narcologist
Pay attention to points number 3, 4, 8 and 9 in the table above. Upon receipt of a medical certificate, you will in any case have to visit a drug treatment and psychoneurological clinic. The legislation directly states that the institution must be municipal or state:
An examination by a psychiatrist is carried out in specialized medical organizations of the state or municipal health care system at the place of residence or place of stay of the driver of the vehicle (candidate driver of the vehicle) undergoing a medical examination (hereinafter referred to as the examinee), who have a license to carry out medical activities to provide services ( performance of work) on “psychiatry” and “psychiatric examination”.
An examination by a psychiatrist-narcologist, including determination of the presence of psychoactive substances in the urine, as well as qualitative and quantitative determination of carbohydrate-deficient transferrin (CDT) in blood serum, is carried out in specialized medical organizations of the state or municipal health care system at the place of residence or place of stay of the person being examined, having a license to carry out medical activities to provide services (perform work) in “psychiatry-narcology” and “laboratory diagnostics” or “clinical laboratory diagnostics”.
Moreover, you should contact dispensaries only at the place of permanent registration (registration) or temporary registration. It is impossible to see a psychiatrist and narcologist without registration.
Note. Some private medical centers offer to see specified doctors, but such offers do not comply with legal requirements. Those. we are talking about fraud.
Other doctors and examinations
You will also have to undergo the remaining mandatory medical specialists and procedures included in the list. In addition, some points are completed only with the direction of the relevant doctors. Points 1, 2, 5, 6, 7 from the table can be completed at any medical center in the country.
The procedure for obtaining an opinion
Obtaining a medical certificate follows the following procedure:
1. Contact a medical center convenient for you to undergo the first examinations. The medical center will issue a medical card , with which you will go to the doctors.
Keep in mind that if you want to open a certificate for several categories, then you need to inform about this at the very beginning, because The list of examinations directly depends on this.
For example, if you plan to open a new category in the coming year, then immediately receive a certificate for it. If this is not done immediately, then you will have to undergo all the examinations again.
After the medical card is issued, go through the medical specialists available in the institution. Each doctor must enter information into your medical record.
2. Visit psychoneurological and drug addiction clinics in any order. In the first, you need to visit a psychiatrist, in the second, you need to visit a psychiatrist-narcologist and take urine and blood tests. Each of these doctors must examine you and fill out the appropriate field in your medical record.
3. Return to the medical center from point 1 and see a general practitioner. It is he who, based on the medical record you have, will fill out a medical certificate for submission to the traffic police.
Note. In practice, instead of a medical card, separate certificates from each of the medical specialists can be used. That is, each doctor issues a separate conclusion, and the therapist, based on all conclusions, issues a certificate.
Medical requirements for the driver
The requirements for the driver at the medical commission are considered in the Decree of the Government of the Russian Federation “On the lists of medical contraindications, medical indications and medical restrictions for driving a vehicle”:
Validity period of a driver's medical certificate
The standard validity period for a driver's medical certificate in 2019 is 1 year .
The document can be used until the end of the period specified in it. The certificate is valid even if you contact the traffic police on the very last day.
I note that in some cases a medical certificate may be issued for a shorter period.
Note. Previously, medical certificates were issued that were valid for 3 years and 2 years. In 2019, all such certificates have already lost their validity.
Costs for obtaining a driver's license certificate
The cost of the certificate consists of the amounts paid for the examination in each of the medical organizations:
- medical center,
- drug treatment clinic,
- psychoneurological dispensary.
Depending on the region, you will have to spend from 1,500 to 3,000 rubles to obtain a certificate.
How long does it take to get a conclusion in 2020?
If you take a deliberate approach to passing the commission, then half a day should be enough for the entire procedure. It will take about an hour at the medical center, half an hour at each dispensary. In addition, part of the time will be spent traveling between these institutions.
In practice, you can easily obtain a medical certificate and replace your driver’s license in one day.
Attention! Don't try to get honey. certificate without going through doctors! As soon as the traffic police determines that the certificate was issued illegally, both the certificate itself and the driver’s license issued on its basis will be cancelled.
In general, the procedure for obtaining a certificate is not difficult and does not take much time.
