This approach is cumbersome, and will not work for Wisconsin drivers who are currently out of state.
2. Require all drivers to certify their driving type and provide federal medical certificate information electronically to DMV.
This approach will not work for drivers with limited access to computers and the Internet.
3. Create a hybrid system that allows drivers to choose to certify and provide federal medical documentation electronically, or to certify and present the federal medical certificate in person at a DMV field station.
This approach will allow drivers and their employers' flexibility to provide this information. As such, the department will pursue this approach.
Alternatives for Downgrade Process:
In addition, the federal regulations offer several alternatives for downgrading a CDL for drivers that are operating in interstate, non-excepted commerce (Tier 1). Note: this downgrade does not apply to drivers in the other Tiers and they are NOT required to provide updated federal medical information to the department.
1. Change the driver's certification of their driving type to operating exclusively in interstate, excepted commerce (Tier 2), intrastate commerce (Tier 3) or intrastate, excepted commerce (Tier 4).
Drivers operating in interstate, excepted commerce or any type of intrastate commerce must have special restrictions printed on their CDL. As such, if the department pursued this alternative, we would have to re-issue the CDL every time a Tier 1 driver was downgraded. To remove the downgrade, drivers would have to visit a DMV field station, provide their federal medical certificate, and pay a fee for a duplicate license. This will be cumbersome and difficult for Wisconsin CDL drivers who are currently out of state. This approach would also require considerable staff resources and potential delays for drivers, since DMV field stations are not open seven days a week.
2. Remove the CDL privileges from the driver's license.
The CDL privileges will be removed from the driver's license using a “voluntary temporary surrender" (VTS), which will appear on the electronic record only. The driver's commercial classes and endorsements will remain printed on the license document, but they will not be able to legally operate in interstate commerce until a copy of an updated federal medical certificate is provided to the department.
While this alternative may seem unduly burdensome, it is actually much easier for the driver to get their privileges back. They (or their employer) can submit their federal medical certificate to the department either in person or electronically via our secure web system.
In addition, the drivers retain their current driver's licenses, and will not be required to pay a fee to regain their commercial operating privileges. The department will pursue this approach for downgrading.
Other policy items:
The department plans to use the VTS process for commercial drivers who may be revoked, suspended, or disqualified for other reasons. The VTS allows us to track the federal medical requirements as well as the underlying reason for the suspension, revocation, or disqualification.
In accordance with federal regulations, the department will notify Tier 1 commercial drivers 60 days prior to the expiration of their federal medical certificate. If we do not receive an updated federal medical certificate, the driver will be downgraded ten days after the expiration of the current federal medical certificate, using the VTS process described above. The driver will receive notification of this action.
The department also plans to use our Employer Notification system to provide up-to-date information to employers about each of their drivers' selected Tier of operation and current status of their federal medical certificates.
This rule-making also addresses the licensing action that will be taken for drivers who present fraudulent federal medical cards. The department will cancel these licenses, which is the same action taken on a driver who presents fraudulent information for a regular, Class D license.
Statutory authority for the rule (including the statutory citation and language)
2011 Wisconsin Act 32 (the biennial budget bill) created s.
343.065 (1) (a) which gives the department authority to downgrade a commercial driver license if a federal medical certificate is not on file.
In addition, s.
343.065 (1) (b) requires the department to promulgate rules to define the process for downgrading a license in accordance with federal law and regulations. This paragraph also directs the rule-making to include whether or not a new commercial driver license document will be issued after the downgrade, and establish a process for reinstating a downgraded license after appropriate medical certification is received.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
It is estimated this rule will take approximately 250 hours to develop. Other resources necessary to successfully implement the rule include computer programming resources and an outreach campaign to affected commercial drivers and other interested stakeholders.
Description of All Entities that may be Impacted by the Rule
This rule will affect all Wisconsin drivers who currently hold a Commercial Driver License (CDL). As of December 2010, there were 289,596 persons holding commercial drivers licenses, of which 224,860 were valid (not withdrawn or expired). It will also impact motor carrier companies, employers of commercial drivers, law enforcement, other state driver licensing agencies, and the Federal Motor Carrier Safety Administration.
Summary and Preliminary Comparison of Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
This rulemaking is intended to ensure Wisconsin's compliance with new federal regulations in
49 CFR Part 383 and
391, requiring drivers of commercial motor vehicles to certify their type of driving to the department and submit a copy of their federal medical certificate to the department.
All states are required to comply with these new regulations.
Contact Person
Erin Egan (608) 266-9901.
