37 Tex. Admin. Code § 16.23 - Medical Certificate Requirements
(a)
Commercial driver license (CDL) holders and original CDL applicants must
self-certify to one of the categories detailed in this subsection:
(1) Non-excepted interstate. A person who
operates or expects to operate in interstate commerce, is both subject to and
meets the qualification requirements under 49 CFR Part 391, and is required to
obtain a medical examiner's certificate by
49 CFR §
391.45.
(2) Excepted interstate. A person who
operates or expects to operate in interstate commerce, but engages exclusively
in transportation or operations excepted under
49 CFR §§
390.3(f), 391.2, 391.68, or
398.3 from all or parts of the qualification requirements of 49 CFR § 391,
and is therefore not required to obtain a medical examiner's certificate by
49 CFR §
391.45.
(3) Non-excepted intrastate. A person who
operates only in intrastate commerce, and is both subject to and meets the
State of Texas driver qualification requirements under §
4.11 of this title (relating to
General Applicability and Definitions) and is required to obtain a medical
examiner's certificate.
(4)
Excepted intrastate. A person who operates in intrastate commerce, but engages
exclusively in transportation or operations excepted as provided by §
4.12 of this title (relating to
Exemptions and Exceptions) and is therefore not required to obtain a medical
examiner's certificate.
(b) CDL holders and original CDL applicants
who certify to subsection (a)(1) or (3) of this section are required to provide
a valid medical certificate to the department. The department must deny the
issuance of the CDL if a medical certificate is required or expired and a valid
medical certificate is not provided at the time of issuance or
renewal.
(c) The department must
downgrade a holder's CDL to a non-CDL on the 60th day after expiration of the
medical certificate if a valid medical certificate is required and is not
provided to the department.
Notes
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