DOT Safety Regulation Update Fast-Fax™
Week of January 16, 2012
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FMCSA has announced the start of a program to get driver medical certificates into the CDLIS database. The first step? Gathering information.
Starting on January 30, 2012 State Driver Licensing Agencies (SDLAs) will begin adding your medical certification status and the information included on your medical certificate to the Commercial Driver’s License System (CDLIS). This is to maintain compliance with a rule first issued in 2008 that aims to digitize the medical certificate.
Eventually, this will lead to drivers no longer needing to carry a paper copy of their certificate when they are driving around.
What Do You Need To Do?
While none of the driver physical qualification requirements are changing, your state is now required to maintain these files. The first step is to get drivers to submit a medical certificate to their SDLA.
According to the regulations, the states have until 2014 to gather this information. It is up to the state as to when you need to start submitting your information. We recommend contacting your SDLA as soon as you can to ensure compliance with both Federal and State regulations. Note: You may be told to wait to submit.
Who Will Be Required To Submit A Medical Certificate?
- All drivers who have a CDL will be required to submit a medical examiner’s certificate providing they meet the provisions of 49 CFR 383.5. The four categories of CMVs for which an operator is required to have a CDL, as defined in 49 U.S.C. 31301(4) and specified in 49 CFR 383.5, are the following:
- Those with a Gross Vehicular Weight Rating (GVWR) or Gross Combination Weight (GCW), of at least 26,001 pounds, including towed units with GVWR or GCW of more than 10,000 pounds;
- Those with a GVWR or GCW of at least 26,001 pounds;
- Those designed to transport at least 16 passengers, including the driver; or
- Those of any size used to transport either hazardous materials that require a placard on the vehicle under 49 CFR part 172, subpart F, or any quantity of a material listed as a select agent or toxin under 42 CFR part 73.
Reminder of the Rule
We first wrote about this rule in Fast-Fax 565, back in December of 2008. Below is a reminder of the new rule:
The new rule will require your state’s licensing agencies to modify their CDL procedures to:
- Require submission of the medical examiner’s certificates (or a copy) from those drivers operating in nonexcepted, interstate commence who are required by part 391 to be medically certified;
- Record a CDL driver’s selfcertification regarding type of driving (e.g., interstate (non-excepted or excepted) and intrastate (non-excepted or excepted) on the CDLIS driver record);
- Date stamp the medical examiner’s certificate (or a copy);
- Provide the stamped medical examiner’s certificate or a copy as a receipt to the driver;
- Retain the certificate or a copy for three years from the date of issuance;
- Post the required information from the certificate or a copy onto the CDLIS driver record within 10 days; and Update the medical certification status of the CDLIS driver record to show the driver as ``not-certified’’ if the certification expires; and then downgrade the CDL within 60 days of the expiration of the driver certification.
When Will This Go Into Effect?
As the new rule affects the SDLA in every state, FMCSA has given plenty of time for the rules to go into effect:
All CDL holders must comply with the requirement to submit to their SDLA their self-certification as to whether they are subject to the physical qualification rules by January 30, 2014.
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 719 • © Foley Carrier Services, LLC. 2011
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