TEXT OF PERMANENT RULE
SECTION 1. Trans 327.14 is created to read:
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 issued 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 he or she intends to engage. A person may change his or 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 non-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 CDL 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 on-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 Trans 112.16 (1) (c) and Trans 327.09 (2) (b), the department shall downgrade the CDL of any of the following:
1. A Tier 1 driver, upon the expiration of his or her 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 his or her 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 CDL 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 his or her 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 he or she 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. 343.27, 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.
SECTION 2. EFFECTIVE DATE. This rule will take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
