Trans 327.14(2)(g)
(g) “Tier 1 dri
ver" means a per
son
who
cert
if
ies as
Tier
1
under
sub.
(3)
(b)
1.
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)3.
3. A t
ran
sfer
of
a
comme
rcial
dri
ver's
li
cen
se
f
rom
another
juri
sdi
ction
to
this
state.
Trans 327.14(3)(a)5.
5. A li
cense
upgrade
authori
zing
the
ope
rat
ion of
a
veh
icle g
roup
not
authori
zed
on the
pr
ior
commercial dri
ver
li
cen
se or
an endor
sement
authori
zing the operation of
a comme
rcial
motor
veh
icle
not
co
ve
red
by
the
current
comme
rcial
dri
ver's l
icen
se.
Trans 327.14(3)(b)
(b) A person may certify one of the follo
wing
tiers of ope
rat
ion
under
th
is
sub
se
ction:
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)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)(a)
(a) No
person
may
operate
a commercial
motor
vehicle
in
no
n-excepted
interstate
or foreign
commerce
unless the person is c
ertified 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
sub
je
ct to state dri
ver qual
ifi
cat
ion requi
rements and
shall p
ro
vide a medical cert
ifi
cate to the depa
rtment
when appl
ying for initial is
suan
ce or
rene
wal of a
C
DL and must pos
sess a medi
cal
cert
if
icate
whene
ver operat
ing a
commerc
ial motor
vehic
le, but
is not
requi
red
to
ma
intain
a
medi
cal
cert
ifi
cate
on
fi
le
with
the
depa
rtment.
Trans 327.14(4)(c)
(c) A person who certifies himself or herself as Tier 4 driver
is
sub
je
ct to state dri
ver
qual
if
icat
ion
requirements but is not
requi
red to pro
vide
a
medical
cert
if
icate
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 o
n-duty.
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 unexpir
ed. The department shall consider any medical certificate relating to an earlier medical examination to be expired.
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)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)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 clas
ses 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)(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 C
DL 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)(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 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.
