Wisconsin Legislature: Trans 327.14(4)(d)

Trans 327.13 Trans 327.13 Copies of federal regulations. The department shall advise carriers upon request that copies of the federal regulations cited in s. Trans 327.03 may be obtained by contacting the division of state patrol, Wisconsin department of transportation.

Trans 327.13 Note Note: Federal motor regulations may also be obtained through the Internet via: http://www.fmcsa.dot.gov.

Trans 327.13 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; emerg. am. eff. 4-1-95; am. Register, August, 1995, No. 476, eff. 9-1-95; CR 08-100: am. Register April 2009 No. 640, eff. 5-1-09.

Trans 327.14 Trans 327.14 Medical certification requirements as part of the commercial driver license.

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 accordan ce with 49 CFR 383.71 (2012) and to provide any federal medical ce rtificate required by 49 CFR 391.45, and for the department to do wngrade 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 se ction 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 ser ves as authori zation 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) “Do wngrade" means to remove a person's privilege to operate commercial motor vehicles from a person's CDL by indicating on the per son's driving reco rd that all commercial vehicle classes and endor sements, other than an “H" endor sement, are voluntarily surrendered. “ Downgrade" with respect to an “H" endorsement means suspension of the “H" endor sement.

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) “Medi cal certificate" means a completed, unexpired medical examiner's certificate is sued in accordan ce with 49 CFR 391.43 (2012), on a form approved by the department, stating that the person is physi cally 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 comme rcial 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 commerc ial driver's l icense.

Trans 327.14(3)(a)5. 5. A license upgrade authori zing the operation of a vehicle group not authorized on the prior commercial driver license or an endorsement authori zing the operation of a commercial motor vehicle not covered by the current commercial dri ver'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 qualifi cation requirements and shall provide a medical certifi cate to the department when applying for initial issuance or renewal of a C DL and must possess a medical certificate whenever operating a commercial motor vehic le, 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".

Trans 327.14(5)(c) (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.

Trans 327.14(6) (6) Downgrade process.

Trans 327.14(6)(a)(a) Notwithstanding ss. Trans 112.16 (1) (c) and 327.09 (2) (b), the department shall downgrade the CDL of any of the following:

Trans 327.14(6)(a)1. 1. A Tier 1 driver, upon the expiration of the driver's medical certificate.

Trans 327.14(6)(a)2. 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.

Trans 327.14(6)(a)3. 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.

Trans 327.14(6)(b) (b) If the department downgrades a CDL, the department shall do all of the following:

Trans 327.14(6)(b)1. 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.

Trans 327.14(6)(b)2. 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.

Trans 327.14(6)(b)3. 3. Notify the person as provided in sub. (8).

Trans 327.14(6)(b)4. 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 da ys after expiration of the medical certificate or receiving notice that a medical certificate or medical variance is removed or rescinded.

Trans 327.14(6)(c) (c)

Trans 327.14(6)(c)1.1. 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.

Trans 327.14(6)(c)2. 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.

Trans 327.14(7) (7) Reinstatement.

Trans 327.14(7)(a)(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 the person's certification to something other than a Tier 1 driver.

Trans 327.14(7)(b) (b) Reinstating a CDL that is downgraded has no effect on any suspension, revocation, cancellation, disqualification or withdrawal for another reason.

Trans 327.14(7)(c) (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.

Trans 327.14(7)(d) (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.

Trans 327.14(7)(e) (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.

Trans 327.14(8) (8) Notices to drivers and employers.

Trans 327.14(8)(a) (a) The department shall provide written notice to a Tier 1 driver of each of the following, as applicable:

Trans 327.14(8)(a)1. 1. The expiration date of the person's 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 the person 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.

Trans 327.14(8)(a)2. 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.

Trans 327.14(8)(a)3. 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.

Trans 327.14(8)(a)4. 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.

Trans 327.14(8)(b) (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. 343.247, 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.

Trans 327.14(9) (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:

Trans 327.14(9)(a) (a) For any person to verify the status of his or her CDL, including any authorized vehicle classes and endorsements.

Trans 327.14(9)(b) (b) For any Tier 1 driver to submit an electronic copy of his or her medical certificate.

Trans 327.14(9)(c) (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.

Trans 327.14(9)(d) (d) For any Tier 1 driver to verify the department has completed the actions required in sub. (5).

Trans 327.14(9)(e) (e) For any driver to confirm a downgraded CDL has been reinstated.

Trans 327.14 History History: EmR1426: emerg. cr. eff 12-4-14; CR 14-031: cr. Register August 2015 No. 716, eff. 9-1-15; correction in (6) (a) made under s. 35.17, Stats., Register August 2015 No. 716; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2021 No. 781; CR 22-048: am. (3) (a) (intro.), (6) (a) 1., (7) (a), (8) (a) 1. Register July 2023 No. 811, eff. 8-1-23.