Transcript Document

Motor Carrier CDL Issues
AAMVA Region 1 Conference
Baltimore, MD
July 20, 2011
Topics
• CDL Medical Certificate Implementation
• CDL Permit/Testing Requirements
• Roundtable Discussion
Medical Certification as Part of CDL
• Final Rule published – December 1, 2008
• Final Rule effective – January 30, 2009
– 49 CFR Parts 383, 384, 390 & 391
• State Compliance – January 30, 2012
• All CDL holders self-certify – January 30,
2014
Driver Requirements
• All new CDL applicants must certify to SDLA
starting January 30, 2012 that they are:
 Engaged in interstate commerce and subject
to Part 391 requirements;
 Engaged in interstate commerce and
excepted from Part 391 requirements;
 Engaged in intrastate commerce and subject
to State requirements; or
 Engaged in intrastate commerce and
excepted from state requirements
• Current CDL holders – By January 30, 2014
Driver Requirements (cont.)
• All new CDL applicants engaged in
interstate commerce and subject to Part
391 must also provide original/copy of
medical examiner’s certificate to SDLA
prior to issuance of CDL starting January
30, 2012
• Current CDL holders – By January 30, 2014
State Requirements
• All CDL Holders:
 Post medical certification status on CDLIS
driver record
• Interstate CDL holders subject to Part 391:
 Post medical certificate data on CDLIS driver
record within 10 calendar days
 Not issue CDL if “not certified”
• Provide information to authorized users
and their agents
State Requirements (cont.)
• Update medical certification status within
10 calendar days
• Medical variance - Place restriction code
“V” on CDL and CDLIS driver record
• Downgrade CDL within 60 days if “not
certified”
• Notify driver of downgrade to “intrastate
only”, “excepted interstate” or “not
qualified”
Motor Carrier Requirements
• Continue to maintain medical examiner’s
certificate in the driver qualification file
• As of January 30, 2012 Motor Carrier must:
– Verify medical status on motor vehicle record
(MVR)
– Place MVR in driver qualification (DQ) file
– Place copy of any medical variance in DQ file
– Perform verification when employed and at
least annually
Motor Carrier Requirements (cont)
• After January 30, 2014 a non-excepted,
interstate CDL holder without medical
certification status information on the CDLIS
MVR is designated “not certified” to operate
a CMV in interstate commerce and a motor
carrier must not permit the CDL holder to
operate a CMV in interstate commerce.
CDL Testing and Commercial
Learner’s Permit Standards
Rulemaking Summary
• Effective Date of Final Rule – July 8, 2011
• Compliance Date – July 8, 2014
• Addresses 17 major issues:
 Revised CDL knowledge and skills testing
requirements
 New CLP/CDL issuance requirements
 Other CLP/CDL regulatory changes
1. Strengthen Legal Presence
Requirement
• Issue CLP/CDL only to:
 U.S. Citizen
 Lawful permanent resident of U.S.
• Issue Non-domiciled CLP/CDL to persons with:
 Temporary legal presence
 Indefinite legal presence, or
 From a State that had its CDL program
decertified
1. Strengthen Legal Presence
Requirement (cont.)
•
Require proof of:
a) U.S. Citizenship/Permanent legal presence
b) Temporary/Indefinite legal presence
• Proof of domicile in State
 Document with name and residential
address in State
4. CDL Testing Requirements for OutOf-State Driver Training
• CLP issued only by State of Domicile
• CLP holder may take driver training in any State
• Take skills test in State of training
• State of training sends skills test to State of
domicile – process still to be determined.
• State of Domicile is required to accept out-ofstate skills test scores
6. Minimum Standards for Issuing
CLPs
• Pass Knowledge Test to Obtain CLP
• CLP – Separate document from CDL/Non-CDL
• CLP document - Same tamperproof requirements
as CDL except photo is prohibited on the CLP
• Record CLP in CDLIS
• Not valid without underlying non-CDL/CDL
• Must be accompanied by valid CDL holder
7. Maximum Initial/ Renewal Periods
for CLP/CDL
• Initial validity/renewal periods for CLP
 Initial validity up to 180 days
 Renewal for additional 180 days without
retesting for knowledge
• Initial validity/renewal periods for CDL
 Average current period of validity = 5yr.
 Maximum issuance period is 8 years.
9. Preconditions to Take Skills Test
• Initial CLP must be issued for 14 days before
skills test
Rationale – Applicant needs behind the
wheel training and practice before taking
license test
• Separate rulemaking on proposed entry level
training before skills test. Final rulemaking
expected Fall of 2011.
11. Methods of Administering CDL
Tests
• Eliminate use of interpreters for knowledge and
skills tests
Applicant and examiner fraud found in use of
interpreters
• English only for skills tests – bilingual or
multilingual examiners may not test in languages
other than English
Need immediate response to verbal commands
and instructions in English
12. Update Federal Knowledge and
Skills Test Standards
• Jurisdictions required to use an FMCSA preapproved State Testing System that meets the
minimum requirements established by the Final
Rule and that is comparable to the AAMVA 2005
CDL Test System (July 2010 version) which
FMCSA approved in the Final Rule.
15. Motor Carrier Prohibitions
• Until Final Rule was published, motor carriers
were only prohibited from allowing disqualified
driver to operate CMV
• Motor carrier is now prohibited from allowing
drivers to operate CMV with:
 No CLP or CDL
 CDL without proper class/endorsements
17. Incorporate CDL Provisions of
SAFE Port Act (2006)
• States must disqualify a CDL holder if the holder
has been convicted of fraud related to the CDL
application or testing process.
• CLP or CDL holder must make appointment to
re-test within 30 days of notification
• Fraud prevention/detection: State out of
compliance, if:
 Fails to impose adequate internal controls
 Fails to take adequate corrective action
• Impose sanctions against State for
noncompliance
17. Incorporate CDL Provisions of
SAFE Port Act (cont.)
• State and Third Party Examiners:
 Requires national criminal background
checks
 Decertification of examiners with any
conviction for fraud
 Decertification of examiners with any felony
conviction within the past 10 years
17. Incorporate CDL Provisions of
SAFE Port Act (cont.)
• Requires State knowledge and skills test
examiners to successfully complete a formal CDL
test examiner training course and examination
before certifying them to administer CDL
knowledge and skills tests
• Requires 3rd party skills test examiners to
successfully complete a formal CDL test
examiner training course and examination before
certifying them to administer CDL skills tests
17. Incorporate CDL Provisions of
SAFE Port Act (cont.)
• Requires State and 3rd party CDL test examiners
to successfully complete a refresher training
course and examination every 4 years
• Third Party Testers and Examiners:
 Examiners – minimum of 10 skills tests/year
or either take refresher training or have a
State examiner observe the examiner
administering a CDL skills test
Questions?
Contact Information
Kevin Lewis
Director, Driver Programs
703-908-2823
[email protected]
Karen Morton
Director, Driver Licensing
703-908-8268
[email protected]