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PMAA Regulatory Report - January 13, 2014

SUBJECT: U.S. DOT – CDL Driver Medical Certificates
ISSUE: CDL Drivers Must Self-Certify Driving Status to State Driver
Licensing Agencies by January 30, 2014
PMAA CONTACT: Mark S. Morgan, Regulatory Counsel - mmorgan@pmaa.org
DATE: Originally Published: October 22, 2013
Updated: January 13, 2014

UPDATE         UPDATE             UPDATE                 UPDATE                 UPDATE                UPDATE

FMCSA DELAYS ELIMINATION OF RULE REQUIRING DRIVERS TO CARRY PAPER MEDICAL CERTIFICATES:

The Federal Motor Carrier Safety Administration (FMCSA) announced today that it is extending, for one year, the requirement that drivers must carry a paper version of their medical examiner’s certificate while operating a Commercial Motor Vehicle (CMV). The requirement to carry a paper certificate was set to end on January 30, 2014, the deadline for state driver licensing agencies (SDLA) to maintain an electronic version of all driver medical certificates in a searchable electronic database. However, the FMCSA said some states are unable to meet the January 30, 2014 deadline. As a result, the FMCSA is requiring CDL drivers to carry a paper CDL for another year until January 30, 2015. Drivers are still required to certify their status (e.g., interstate or intrastate, exempt or non-exempt) with their State driver license agency before January 30, 2014 and to provide the SDLA a copy of any new medical certificate received after January 30, 2012 (see highlighted dates changes below).

Executive Summary - A new U.S. DOT regulation requires both intrastate and interstate CDL drivers to self certify to their state driver’s license authority (SDLA) the type of commercial motor vehicle operation they drive in or expect to drive in with their CDL. Drivers operating in certain types of commerce will be required to submit a current medical examiner’s certificate to their SDLA to obtain a “certified” medical status as part of their driving record. Driver certification and medical certificate submission for qualified drivers must occur no later than January 30, 2014. CDL holders required to have a certified medical status who fail to provide and keep up-to-date their medical examiner’s certificate with their SDLA will become ”not-certified” and may lose their CDL. The new requirement will allow SDLA’s to maintain electronic versions of driver medical qualification certificates.

ALL CDL DRIVERS MUST REPORT DRIVING STATUS TO STATE LICENSING AUTHORITY BY JANUARY 30, 2014

The U.S DOT is requiring both intrastate and interstate CDL drivers to “self certify” to their state driver licensing authority (SDLA) the type of commercial vehicle operation they drive in or expect to drive. Based on the type of commerce selected, drivers may also be required to submit proof of medical qualification certification to the SDLA. Self certification and submission of medical certificate by qualified drivers must occur no later than January 30, 2014.

IMPORTANT! Some CDL drivers may have already self certified and supplied a medical qualification certificate to their SDLA during the CDL initial application, transfer or renewal process. The FMCSA required SDLA’s to phase in the new requirement beginning January 2012. However, some states have been very slow to implement the FMCSA rule or fully notify drivers of the new requirement. CDL drivers should check with their SDLA to inquire whether they are already compliant with the FMCSA requirement.

I. DETERMINING INTRASTATE OR INTERSTATE STATUS:

Intrastate commerce drivers operate commercial vehicles within state boundaries only.

Interstate commerce drivers operate commercial vehicles across state boundary lines.

IMPORTANT! Drivers operating in both intrastate commerce and interstate commerce must self certify as operating in interstate commerce.

II. DETERMINING EXCEPTED OR NON-EXCEPTED STATUS:

Drivers must self certify to their SDLA they that operate a commercial motor vehicle in one of the following four types of commerce:

  1. Interstate non-excepted: You are an interstate driver and must meet the Federal DOT medical card requirements. Go here.
     
  2. Interstate excepted: You are an interstate driver and are excepted from meeting the Federal  DOT medical card requirements.

    ·       Go to: http://www.fmcsa.dot.gov/registration-licensing/cdl/faqs.aspx#question3 to see list of excepted interstate driving categories.
     

  3. Intrastate non-excepted: You are an intrastate driver and are required to meet the medical requirements for your State.
     
  4. Intrastate excepted: You are an intrastate driver and not required to meet medical requirements for your State.

·         Check with your state SDLA to see a list of excepted intrastate driving categories.

Most CDL drivers hauling petroleum will fall under the interstate non-excepted or intrastate non-excepted categories. In other words, the driver is required to carry a CDL medical qualification certificate under state or federal regulations. Drivers who fall into either of these categories and do not qualify under an established exception must file their current medical qualification certificate with the appropriate SDLA By January 30, 2014.

III. REVOCATION OF CDL PRIVILEGES:
Drivers are responsible for contacting their SDLA to self certify operating status by January 30, 2014. If required, drivers must also provide to their SDLA their current medical qualification certificate by January 30, 2014. Drivers who do not have an electronic version of their medical certificate in a state drivers licensing agency electronic database by January 30, 2015 will  be notified that their medical qualification to operate a commercial motor vehicle in non-excepted Interstate commerce is revoked. The SDLA will then remove all CDL privileges from the driver’s license.

IV. MEDICAL QUALIFICATION CERTIFICATES:
SDLA’s will maintain electronic versions of driver medical qualification certificates as part of the driver’s CDL driving record. Drivers who self certify and submit their medical qualification cards will no longer be required to carry their certificate after January 30, 2015.

V. STATE BY STATE COMPLIANCE INSTRUCTIONS:
State by state compliance instructions are available at: http://www.aamva.org/CDL-Program by clicking on the “Medical Certificate” tab.

IMPORTANT! This program is administered by state driver licensing authorities. The process to self certify and submit medical certificates may vary from state to state. Drivers should contact their state driving license authority to determine whether they are already compliant through initial application, transfer or renewal of their CDL licenses. Drivers should contact their SDLA for further instructions and process information.

BOTTOM LINE: CDL drivers must report to state licensing agencies their intrastate/interstate status and provide a paper copy of their most recent medical examiner’s certificate.

For specific State by State requirements for drivers and information related to how a State is handling the Medical Certification requirements, and to determine who to contact for additional information, click on the following link: http://www.aamva.org/CDL-Program.


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