2. Require all CDL holders to visit a DMV field service station to certify their Tier of driving and provide proof of their federal medical certificate.
This approach is burdensome, and is not feasible for Wisconsin drivers who are currently out of state.
3. Require all CDL holders to use an electronic or online process to certify their driving type and provide federal medical certificate information to DMV.
This approach is not feasible for drivers with limited access to computers and the Internet.
4. 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 in how they provide this information. As such, the Department will pursue this approach.
Alternatives for downgrade process
The federal regulations offer several alternatives for downgrading a CDL for drivers that are operating in interstate, non-excepted commerce (Tier 1). Note: The following downgrade process does not apply to drivers who will not operate in interstate, non-excepted commerce. Those drivers are not required to keep updated federal medical information on file with the Department.
1. Do nothing. Ignoring the federal regulations will result in drivers who hold Wisconsin CDL's being treated as unlicensed drivers when traveling out of state. In addition, Wisconsin would lose approximately $4.7 million dollars in motor carrier safety assistance program (MCSAP) and highway funds annually. The Department believes taking no action is impractical.
2. Change the Tier 1 driver's certification of their driving type to operating exclusively in intrastate commerce (Tier 3).
Drivers operating solely in intrastate commerce must have restrictions added to their CDL. As such, to implement this alternative, the Department would have to re-issue the CDL document every time a Tier 1 driver was downgraded to ensure the physical license matched the electronic record. To remove the downgrade, drivers would be required to visit a DMV field station, provide their federal medical certificate, and pay a fee for a duplicate license. This would be burdensome and impractical for Wisconsin CDL drivers who are currently out of state. This approach would require considerable staff resources and potential delays for drivers, since DMV field stations are not open seven days a week.
3. 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 & endorsements will remain printed on the license document, but drivers 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 drivers to get their privileges back. They (or their employer) can submit their federal medical certificate to the Department either in person or electronically via the Department's secure web system. Once the new federal medical certificate is recorded on the driver's record, the driver's commercial privileges are restored. Drivers can easily comply, even from out of state.
In addition, the drivers can retain their current physical driver 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 the Department 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 the Department does 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 its Employer Notification system to provide up-to-date information to employers about each of their drivers' certified Tier of operation and current status of their federal medical certificates.
This rule-making defines federal medical certificates as part of the driver application. This allows the Department to take appropriate action when receiving a fraudulent federal medical certificate.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
2011 Wisconsin Act 32 (the biennial budget bill) created s.
343.065 (a), Stats.
, which gives the Department authority to downgrade a commercial driver license if a federal medical certificate is not on file. Section
343.065 (3) (b), Stats., requires the Department to:
1.
Promulgate rules to define “downgrade" in accordance with federal law and regulations or guidance from the applicable federal agency.
2.
Establish the process for downgrading a commercial driver license and whether a new commercial driver license document will be issued after a commercial driver license is downgraded.
3.
Establish the process for reinstating a downgraded commercial driver license after the Department receives from the licensee a valid medical certification or other appropriate certification of physical qualifications.
Section
343.06 (3), Stats., requires the Department to ensure that CDL holders meet federal physical qualifications for drivers contained in
49 CFR 391.
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 emergency rule will take approximately 10 hours to develop. The Department is currently drafting a permanent rule on the same subject, but the permanent rule will not take effect before the January 30, 2014, deadline. Other resources necessary to successfully implement the emergency rule include computer programming resources, and an outreach campaign to affected commercial drivers and other interested stakeholders, which would otherwise be done for the permanent rule.
Description of all Entities that may be Impacted by the Rule
This emergency rule will affect all Wisconsin drivers who currently hold a Commercial Driver License (CDL). As of December 2010, when the permanent rule-making commenced, there were 289,596 persons holding commercial drivers licenses, of which 224,860 were valid (not withdrawn or expired). It will also indirectly 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 emergency rule
-making is intended to ensure Wisconsin's compliance with new federal regulations in
49 CFR Parts 383 and
391, requiring drivers of commercial motor vehicles to certify their type of driving to the Department
, and to submit a copy of their federal medical certificate to the Department
.
All states are required to comply with these new federal regulations.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Comments to the proposed federal regulations identified the following potential burdens on drivers: 1) Requiring drivers to travel to the DMV to make the certification or provide medical certifications; 2) The extra cost for drivers to obtain new CDLs or medical certifications; 3) The extra cost to drivers of corresponding more frequently with the SDLA; 4) Requiring drivers to maintain proof of medical fitness during extended periods of absence from driving. The Department intends to minimize these impacts on drivers, as those actions carry proportionate cost increases to the Department.
Comments to the proposed federal regulations noted that prior to the federal rule-making; drivers provided the proof of medical certification directly to the employer. Under the new federal regulation, the employer must now verify the driving record by inquiry to the SDLA.
Currently, employers are required to verify the driver is legal to drive at the time of employment, and requiring employers to query the Department for this status seems insignificant.
The Department anticipates no significant economic impact on parties affected by this rule.
Contact Person
Alison Lebwohl, (608) 266-0054
