The Federal Motor Carrier Safety Administration (FMCSA) recently amended its regulations (FMCSRs) to require interstate commercial driver’s license (CDL) holders who are subject to the physical qualification requirements of the FMCSRs to provide the State Driver Licensing Agency (SDLA) that issued their CDL with a current original or copy of their medical certificate. This information must be recorded on the Commercial Driver License Information System (CDLIS) driver record by the SDLA.
The SDLA must be notified by the driver of the assigned driver category, as defined in the regulation (see below for information on categories) unless the driver is involved in one of the actions described above. This information must reach the SDLA by January 30, 2014.
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By January 30th, 2014, each CDL driver must submit a copy of their medical certification for CDL Drivers to the licensing State DLA. Failure to submit a copy of the medical certificate will result in the downgrading of the driver’s CDL license. In such cases, the issuing State must remove the CDL driving privileges from the driver’s license, prohibiting them from legally operating a commercial motor vehicle.
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If a driver is exempt from obtaining a medical card, he or she must self-certify with the licensing state using the categories listed below. The CDLIS must receive this information from the states within 10 days of submission.
If a driver applies for a new CDL before January 30, 2012, and expects to operate in interstate or foreign commerce, or is otherwise subject to the medical certifications of 391, he or she must certify that he or she meets the medical qualifications before obtaining a CDL.
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If the driver is not subject to 391’s medical requirements and expects to operate entirely in intrastate commerce, he or she must certify that he or she is not subject to 391.
However, if a person seeks to obtain a CDL on or after January 30th, 2012, they must actively certify the driver category (Category 1-4, please see below for a description of each Category) in which they wish to obtain the CDL..
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Before obtaining a CDL, each new CDL applicant who certifies that he or she will operate CMVs in non-excepted interstate commerce must provide the State with a copy of a medical examiner’s certificate.
CATEGORIES
To qualify under Category 1 (Non-Excepted Interstate), individuals must certify their operation or expectation to operate in interstate commerce, affirm their adherence to and fulfillment of the qualification requirements outlined in 49 CFR part 391, and acknowledge their obligation to obtain a medical examiner’s certificate as mandated by 391.45.
Drivers in Classes A, B, and C who do not fall into any of the other categories
All Class A, B, and C drivers who have received a medical variance, a federal vision or diabetes exemption, or a Skill Performance Evaluation certificate (SPE) are exempt from this requirement (V restriction)
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Category 2: Excepted Interstate: A person must certify that he or she operates or expects to operate a commercial vehicle in interstate commerce (across state lines), but only for purposes expressly permitted by 49 C.F.R. 390.3(f), 391.2, 391.68, or 398.3. Furthermore, she or he is exempt from all or part of the medical qualification requirements of 49 CFR 391 and thus is not required to obtain a medical examiner’s certificate.
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(1) All school bus operations as defined in Section 390.5;
(2) Transportation provided by the federal government, a state, or a political subdivision of a state
(3) The occasional transportation of personal property by individuals for no monetary gain or to further a commercial enterprise;
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(4) The transportation of human corpses, as well as sick and injured people;
(5) Operation of fire trucks and rescue vehicles during emergency and related operations;
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(6) Subsequently, the operation of commercial motor vehicles designed or used to transport 9 to 15 passengers (including the driver) for no direct remuneration;
(7) Moreover, commercial motor vehicle operators can operate vehicles designed or used to transport 9 to 15 passengers (including the driver) for direct compensation within a 75-air-mile radius of their normal work-reporting location, provided that they do not operate the vehicle beyond that radius.
(8) Namely, a driver of a commercial motor vehicle primarily used to transport propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency;
(9) Farming custom operations;
(10) Apiary industries; or
(11) Farm vehicle driver, unless he or she is driving an articulated (combination) commercial motor vehicle, as defined in 390.5.
Non-Excepted Category 3 Intrastate: A person must certify that she or he only operates in intrastate commerce and is thus subject to State driver qualification requirements.
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Excepted Intrastate:
On the other hand, a person must certify that she or he operates in intrastate commerce but is solely engaged in transportation or operations. Those are exempt from all or parts of the State driver qualification requirements.
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Maintaining the status of medical certification
A CDL holder who certifies that he or she will operate CMVs in non-excepted. Interstate commerce must provide the State with an original or copy (as required by the State) of each subsequently issued medical examiner’s certificate. To maintain a medical certification status of “certified.”
However, if a driver’s medical certification expires, the licensing State must notify the CDL holder of his or her CDL’s “not-certified” medical certification status. And that the CDL privilege will be removed from the driver’s license unless the following conditions are met:
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Nevertheless, within 60 days, the driver submits a current medical certificate. Sends in a current medical exception (diabetes exception, vision exception). Or he Changes his or her self-certification to only driving in permitted or intrastate commerce (if permitted by the State).
Downgraded for this regulation means the driver loses the right to operate a CDL-required CMV. Until he or she submits a current medical certificate. In addition, a current medical variance, or changes his or her self-certification as intrastate as discussed above. Downgrading does not imply that the driver’s CDL license will be revoked.
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Certificate of Medical Examination
Interstate drivers subject to CDL regulations and physical qualification requirements will be required by the FMCSA. To keep a paper copy of the medical examiner’s certificate until January 30th, 2014. Interstate carriers must also keep a copy of the medical certificate in their driver qualification files.
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In contrast, if a driver qualifies for the medical examiner’s certificate by obtaining a medical variance from the FMCSA. In the form of an exemption letter (diabetes, vision) or a skill performance evaluation certificate. Plus, he or she must have a copy of the variance documentation on his or her person at all times while on the job.
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