Wis. Admin. Code Department of Transportation Trans 327.14 - Medical certification requirements as part of the commercial driver license
(1)
PURPOSE. As authorized by ss.
343.02(1),
343.06(3), and
343.065(3),
Stats., this section establishes the processes for a CDL holder to certify the
appropriate type of driving in accordance with
49 CFR
383.71 (2012) and to provide any federal
medical certificate required by
49 CFR
391.45, and for the department to downgrade
the CDL of any person who does not make that certification or who does not
provide or maintain in effect a medical certificate as required by
49 CFR
383.73. This section also establishes the
process for reinstating a downgraded commercial driver license.
(2) DEFINITIONS. In this section:
(a) "CDL" means a commercial driver
license.
(b) "Commercial learner's
permit" means a permit issued to an individual by this state or other
jurisdiction that, when carried with a valid driver's license issued by the
same jurisdiction, authorizes the individual to operate a class of a commercial
motor vehicle when accompanied by a holder of a valid CDL for purposes of
behind-the-wheel training. When issued to a CDL holder, a commercial learner's
permit serves as authorization for accompanied behind-the-wheel training in a
commercial motor vehicle for which the holder's current CDL is not
valid.
(c) Downgrade" means to
remove a person's privilege to operate commercial motor vehicles from a
person's CDL by indicating on the person's driving record that all commercial
vehicle classes and endorsements, other than an "H" endorsement, are
voluntarily surrendered. "Downgrade" with respect to an "H" endorsement means
suspension of the "H" endorsement.
(d) "Driving record" means the record under
s. 343.23(2) (a),
Stats.
(e) "H' endorsement" means
the hazardous materials endorsement described in s.
343.17(3) (d)
1m, Stats.
(f) "Medical
certificate" means a completed, unexpired medical examiner's certificate is
sued in accordance with 49
CFR 391.43 (2012), on a form approved by the
department, stating that the person is physically qualified under
49 CFR
391.41 (2012) to drive a commercial motor
vehicle, together with any medical variance described in
49 CFR
390.5 and required under
49 CFR
383.73(o) (2012).
(g) "Tier 1 driver" means a person who
certifies as Tier 1 under sub. (3) (b) 1.
(3) SELF-CERTIFICATION OF THE TYPE OF DRIVING
TO BE DONE.
(a) A person applying for a CDL
shall certify to the department the tier of operation in which the person
intends to engage. A person may change the person's certification at any time.
The department shall deny as incomplete an application for any of the following
that is submitted without a certification required under this subsection or a
required medical certificate:
1. A commercial
learner's permit.
2. An initial
commercial driver's license.
3. A
transfer of a commercial driver's license from another jurisdiction to this
state.
4. Renewal of a commercial
driver's license.
5. A license
upgrade authorizing the operation of a vehicle group not authorized on the
prior commercial driver license or an endorsement authorizing the operation of
a commercial motor vehicle not covered by the current commercial driver's
license.
(b) A person may
certify one of the following tiers of operation under this subsection:
1. Tier 1, or non-excepted interstate. Tier
1, or non-excepted interstate, means the person operates or expects to operate
in interstate commerce, is both subject to and meets the qualification
requirements under 49 CFR part 391 (2012), and is required to obtain a medical
examiner's certificate by 49
CFR 391.45 (2012).
2. Tier 2, or excepted interstate. Tier 2, or
excepted interstate, means the person operates or expects to operate in
interstate commerce, but engages exclusively in transportation or operations
that are excepted by 49 CFR
390.3(f),
391.2,
391.68, or
398.3 (2012) from all or parts of
the qualification requirements of 49 CFR part 391 (2012), and is therefore not
required to obtain a medical examiner's certificate by
49 CFR
391.45 (2012).
3. Tier 3, or non-excepted intrastate. Tier
3, or non-excepted intrastate, means the person operates only in intrastate
commerce and therefore is subject only to state driver qualification
requirements.
4. Tier 4, or
excepted intrastate. Tier 4, or excepted intrastate, means the person operates
in intrastate commerce, but engages exclusively in transportation or operations
excepted from all or parts of the state driver qualification
requirements.
(4) MEDICAL CERTIFICATE REQUIREMENTS.
(a) No person may operate a commercial motor
vehicle in no n-excepted interstate or foreign commerce unless the person is
certified as a Tier 1 driver, has provided a medical certificate to the
department, and has verified that the department has recorded the certification
and indicated the person's status as "Certified" on the person's driving
record.
(b) A person who certifies
himself or herself as a Tier 3 driver is subject to state driver qualification
requirements and shall provide a medical certificate to the department when
applying for initial issuance or renewal of a C DL and must possess a medical
certificate whenever operating a commercial motor vehicle, but is not required
to maintain a medical certificate on file with the department.
(c) A person who certifies himself or herself
as Tier 4 driver is subject to state driver qualification requirements but is
not required to provide a medical certificate to the department.
(d) A CDL holder who obtained a medical
certificate required by 49
CFR 383.71(h) with a medical
variance from the federal motor carrier safety administration must have in his
or her possession a copy of that medical variance documentation whenever o
n-duty.
(5) DEPARTMENT
RECORDS OF MEDICAL CERTIFICATE.
(a) Within 10
days after receiving a medical certificate from a Tier 1 driver the department
shall record the certification on the person's driving record and shall record
the person's status as "Certified", together with all required information from
the medical certificate. The department shall then file the medical certificate
of a Tier 1 driver and retain that medical certificate for at least 3 years
after the date of the medical examination.
(b) If the federal motor carrier safety
administration notifies the department that a CDL holder has been issued a
medical variance, the department shall indicate the existence of the medical
variance on the person's driving record, on the commercial driver license
information system and on the CDL using the medical variance restriction code
"V".
(c) Only the medical
certificate relating to the most recent medical examination may be considered
unexpired. The department shall consider any medical certificate relating to an
earlier medical examination to be expired.
(6) DOWNGRADE PROCESS.
(a) Notwithstanding ss.
Trans 112.16 (1) (c)
and
327.09
(2) (b), the department shall downgrade the
CDL of any of the following:
1. A Tier 1
driver, upon the expiration of the driver's medical certificate.
2. A Tier 1 driver, upon receiving notice
that the federal motor carrier safety administration has removed or rescinded a
medical certificate or medical variance relating to the driver.
3. Any person who fails to submit an updated
medical certificate or to have a corrected CDL issued within 60 days after
notification under sub. (8) (a) 4.
(b) If the department downgrades a CDL, the
department shall do all of the following:
1.
Record the downgrade on the person's driving record. The department may record
as voluntarily surrendered any commercial vehicle classes or endorsements that
are expired or are already suspended, revoked, cancelled, disqualified or
otherwise withdrawn for another reason.
2. Record the person's medical certification
status as "Not Certified" on the commercial driver license information system,
if the person was last certified as a Tier 1 driver.
3. Notify the person as provided in sub.
(8).
4. Complete the actions
required under this paragraph within 60 days after the expiration of the
medical certificate or the deadline for providing a medical certificate. The
department shall record the entry required under this subdivision within 10
days after expiration of the medical certificate or receiving notice that a
medical certificate or medical variance is removed or
rescinded.
(c)
1. A downgrade does not affect the operating
privileges of any non-commercial vehicle classifications. A person whose CDL is
downgraded under this subsection may retain an operator's license that
indicates commercial driver classes and endorsement without making any physical
alterations to that operator's license.
2. A downgrade under this subsection
affecting an "H" endorsement is considered suspension of that endorsement, not
a voluntary surrender under s.
343.265(1r),
Stats. The department may not cancel an "H" endorsement under s.
343.265, Stats., as a result of
a downgrade under this subsection.
(7) REINSTATEMENT.
(a) A person whose CDL is downgraded may
reinstate his or her CDL at any time prior to the CDL expiration date by making
the certification required under sub. (3), or, if required, providing a medical
certification, or both, or by changing the person's certification to something
other than a Tier 1 driver.
(b)
Reinstating a CDL that is downgraded has no effect on any suspension,
revocation, cancellation, disqualification or withdrawal for another
reason.
(c) The department may not
charge a fee to reinstate a CDL that is downgraded, but may charge a fee to
reinstate a C DL that is also suspended, revoked, cancelled, disqualified or
otherwise withdrawn for another reason, or to change restrictions that require
the issuance of a duplicate CDL.
(d) Upon reinstatement under this paragraph,
the department shall record the reinstatement on the person's driving record
and on the commercial driver license information system and shall make
applicable record entries relating to the medical certification.
(e) Reinstating a CDL under this paragraph
reinstates any endorsement, including an "H" endorsement, held at the time of
voluntary surrender if the person otherwise remains eligible to hold those
endorsements.
(8) NOTICES
TO DRIVERS AND EMPLOYERS.
(a) The department
shall provide written notice to a Tier 1 driver of each of the following, as
applicable:
1. The expiration date of the
person's medical certificate; that the person may not operate in interstate
commerce after the medical certificate expires; and that the person's CDL will
be downgraded if the person does not maintain a medical certificate on file
with the department. Whenever practicable, the department shall provide notice
under this subdivision at least 55 days before the expiration of the medical
certificate.
2. That the person's
medical certificate is expired, that the person is no longer certified to
operate in interstate commerce, and that the person's CDL may be downgraded.
The department shall provide notice under this subdivision upon expiration of
the medical certificate.
3. That
the department has downgraded the person's CDL and of how the person may
reinstate his or her CDL. The department shall provide notice under this
subdivision upon completing the downgrade.
4. That the federal motor carrier safety
administration has notified the department that a CDL holder has been issued a
medical variance and the most recent medical certificate on file with the
department does not contain a medical variance. The notice shall require the
driver to submit a current medical certificate reflecting the
variance.
(b) The
department may use the online method established under sub. (9) to provide
written notices required under this subsection. The department shall use the
employer notification system under s.
343.247, Stats., to inform an
employer of any notice provided under par. (a) 1., 2., or 3., if at the time of
that notice the employer is enrolled in the employer notification system and
the affected driver is shown in that employer's list of enrolled
drivers.
(9) DEPARTMENT
ONLINE SERVICES. The department may maintain on its website a means for any
person to make the certification required in sub. (3). The department shall
maintain on its website a means for all of the following:
(a) For any person to verify the status of
his or her CDL, including any authorized vehicle classes and
endorsements.
(b) For any Tier 1
driver to submit an electronic copy of his or her medical
certificate.
(c) For any employer
enrolled in the employer notification system established under s.
343.247, Stats., to verify its
driver's current certified tier of operation and the expiration date of the
medical certificate for its Tier 1 driver employees.
(d) For any Tier 1 driver to verify the
department has completed the actions required in sub. (5).
(e) For any driver to confirm a downgraded
CDL has been reinstated.
Notes
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