Trans 327.14(1)(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.
Trans 327.14(2)(2)Definitions. In this section:
Trans 327.14(2)(a)(a) “CDL” means a commercial driver license.
Trans 327.14(2)(b)(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.
Trans 327.14(2)(c)(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.
Trans 327.14(2)(d)(d) “Driving record” means the record under s. 343.23 (2) (a), Stats.
Trans 327.14(2)(e)(e) “‘H’ endorsement” means the hazardous materials endorsement described in s. 343.17 (3) (d) 1m., Stats.
Trans 327.14(2)(f)(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).
Trans 327.14(2)(g)(g) “Tier 1 driver” means a person who certifies as Tier 1 under sub. (3) (b) 1.
Trans 327.14(3)(3)Self-certification of the type of driving to be done.
Trans 327.14(3)(a)(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:
Trans 327.14(3)(a)1.1. A commercial learner’s permit.
Trans 327.14(3)(a)2.2. An initial commercial driver’s license.
Trans 327.14(3)(a)3.3. A transfer of a commercial driver’s license from another jurisdiction to this state.
Trans 327.14(3)(a)4.4. Renewal of a commercial driver’s license.
Trans 327.14(3)(a)5.5. 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.
Trans 327.14(3)(b)(b) A person may certify one of the following tiers of operation under this subsection:
Trans 327.14(3)(b)1.1. 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).
Trans 327.14(3)(b)2.2. 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).
Trans 327.14(3)(b)3.3. 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.
Trans 327.14(3)(b)4.4. 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.
Trans 327.14(4)(4)Medical certificate requirements.
Trans 327.14(4)(a)(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.
Trans 327.14(4)(b)(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.
Trans 327.14(4)(c)(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.
Trans 327.14(4)(d)(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.
Trans 327.14(5)(5)Department records of medical certificate.
Trans 327.14(5)(a)(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.
Trans 327.14(5)(b)(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”.