Iowa Admin. Code r. 761-607.50 - Self-certification of type of driving and submission of medical examiner's certificate
(1)
Applicants for commercial learner's permit, restricted CDL, or new,
transferred, renewed or upgraded CDL.
a. A person shall provide to the department a
self-certification of type of driving if the person is applying for:
(1) A commercial learner's permit,
(2) An initial commercial driver's
license,
(3) A transfer of a
commercial driver's license from a prior state of domicile to the state of
Iowa,
(4) Renewal of a commercial
driver's license,
(5) A license
upgrade for a commercial driver's license or an endorsement authorizing the
operation of a commercial motor vehicle not covered by the current commercial
driver's license, or
(6) A
restricted commercial driver's license.
b. The self-certification shall be on a form
or in a format, which may be electronic, as provided by the
department.
(2)
Submission of medical examiner's certificate by persons certifying to
non-excepted interstate driving. Every person who self-certifies to
non-excepted interstate driving must give the department a copy of the person's
current medical examiner's certificate , unless the person's medical examiner's
certificate is provided to the department electronically by the Federal Motor
Carrier Safety Administration. The department shall not issue, transfer, renew,
or upgrade a license until the department receives a medical examiner's
certificate that complies with the requirements of this subrule, or unless the
person changes the person's self-certification of type of driving to a type
other than non-excepted interstate driving. When the department receives a
current medical examiner's certificate , the department shall post a medical
certification status of "certified" on the person's CDLIS driver's record. A
person who self-certifies to a type of driving other than non-excepted
interstate shall have no medical certification status on the CDLIS driver's
record.
(3)
Maintaining
certified status. To maintain a medical certification status of
"certified," a person who self-certifies to non-excepted interstate driving
must give the department a copy of each subsequently issued medical examiner's
certificate valid for the person unless the person's medical examiner's
certificate is provided to the department electronically by the Federal Motor
Carrier Safety Administration.
(4)
CDL downgrade . If the medical examiner's certificate or
medical variance for a person self-certifying to non-excepted interstate
driving expires or if the Federal Motor Carrier Safety Administration notifies
the department that the person's medical variance was removed or rescinded, the
department shall post a medical certification status of "not certified" to the
person's CDLIS driver's record and shall initiate a downgrade of the person's
commercial driver's license or commercial learner's permit. The medical
examiner's certificate of a person who fails to maintain a medical
certification status of "certified" as required by subrule 607.50(3) shall be
deemed to be expired on the date of expiration of the last medical examiner's
certificate filed for the person as shown by the person's CDLIS driver's
record. The downgrade will be initiated and completed as follows:
a. The department shall give the person
written notice that the person's medical certification status is "not
certified" and that the commercial motor vehicle privileges will be removed
from the person's commercial driver's license or commercial learner's permit 60
days after the date the medical examiner's certificate or medical variance
expired or the medical variance was removed or rescinded unless the department
receives a current medical certificate or medical variance or the person
self-certifies to a type of driving other than non-excepted
interstate.
b. If the department
receives a current medical examiner's certificate or medical variance before
the end of the 60-day period, the department shall post a medical certification
status of "certified" on the person's CDLIS driver's record and shall terminate
the downgrade of the person's commercial driver's license or commercial
learner's permit.
c. If the person
self-certifies to a type of driving other than non-excepted interstate before
the end of the 60-day period, the department shall not remove the commercial
motor vehicle privileges from the person's commercial driver's license or
commercial learner's permit, and the person will have no medical certification
status on the person's CDLIS driver's record.
d. If the requirements in either paragraph
607.50(4)"b" or"c" are not met before the end
of the 60-day period, the department shall remove the commercial motor vehicle
privileges from the person's commercial driver's license or commercial
learner's permit and shall leave the person's medical certification status as
"not certified" on the person's CDLIS driver's record.
(5)
Establishment or reestablishment
of "certified" status. A person who has no medical certification
status or whose medical certification status has been posted as "not certified"
on the person's CDLIS driver's record may have the person's status established
or reestablished as "certified" if the department receives a current medical
examiner's certificate or medical variance . A person who has failed to
self-certify to a type of driving or has self-certified to a type of driving
other than non-excepted interstate must also make a self-certification of type
of driving to non-excepted interstate driving. The department shall then post a
medical certification status of "certified" on the person's CDLIS driver's
record.
(6)
Reestablishment
of the CDL privilege. A person whose commercial motor vehicle
privileges have been removed from the person's commercial driver's license or
commercial learner's permit under the provisions of paragraph
607.50(4)"d" may have the person's commercial motor vehicle
privileges reestablished if either of the following occurs:
a. The department receives the person's
current medical examiner's certificate or medical variance . A person who has
failed to self-certify to a type of driving must also make an initial
self-certification of type of driving to non-excepted interstate driving. The
department shall then post a medical certification status of "certified" on the
person's CDLIS driver's record and reestablish the commercial motor vehicle
privileges, provided that the person otherwise remains eligible for a
commercial driver's license or commercial learner's permit.
b. The person self-certifies to a type of
driving other than non-excepted interstate. The department shall then
reestablish the commercial motor vehicle privileges, provided that the person
otherwise remains eligible for a commercial driver's license or commercial
learner's permit; the person will have no medical certification status on the
driver's CDLIS driver's record.
(7)
Change of type of
driving. A person may change the person's self-certification of type
of driving at any time. As required by subrule 607.50(2), the department must
receive a copy of the person's current medical examiner's certificate prepared
by a medical examiner for a person certifying to non-excepted interstate
driving.
(8)
Record
keeping. The department shall comply with the medical record-keeping
requirements set forth in
49 CFR Section
383.73.
(9)
Medical examiner's certificate
conflict. As required by
49 CFR Sections
383.71 and
383.73, in the
event of a conflict between the medical certification information provided
electronically by the Federal Motor Carrier Safety Administration and a paper
copy of the medical examiner's certificate , the medical certification
information provided electronically by the Federal Motor Carrier Safety
Administration shall supersede.
This rule is intended to implement Iowa Code sections 321.182, 321.188 and 321.207.
Notes
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