Last November, Owner-Operator Independent Drivers Association submitted a legal challenge with a federal court opposing a 2015 rule from the US. DOT that modified driver medical examination process regarding sleep apnea. According to OOIDA, FMCSA bypassed the rulemaking process by adding into the final rule a provision on sleep apnea screening that wasn´t presented in the proposed rule.
OOIDA alleges that an appendix, that wasn´t incorporated in the proposal rule, was added to the final rule. This appendix contains information about respiratory dysfunction, relating sleep apnea as one of the causes. This section says that, if a medical examiner detects that a driver has respiratory malfunctions that could affect his capacity to safely drive a CMV, he should proceed to do a complete evaluation of his condition by a specialist as well as doing therapy.
OOIDA advocacy group claims that the provision evaded legal regulatory process for requesting screening for sleep apnea. For this reason, they filed a petition to review this rule. On the other hand, FMCSA has another preliminary rule that recommends truckers with higher BMI to be examined for sleep apnea, the agency pretends to propose this rule during 2017.