Chapter Trans 327

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 A Tier 1 driver, upon receiving notice that the federal motor carrier safety administration has removed or rescinded a medical certificate or medical variance relating to the driver.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classes or endorsements that are expired or are already suspended, revoked, cancelled, disqualified or otherwise withdrawn for another reason.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 days 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expiration of the medical certificate or receiving notice that a medical certificate or medical variance is removed or rescinded.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.