MMTA has received several recent calls regarding CDL drivers being placed out of service due to a CDL “downgrade” based on medical status. This article is an attempt to clarify the medical certification process to prevent drivers being placed out of service during a roadside inspection based on their medical self-certification.
As a reminder, drivers must possess a valid medical certificate to operate commercial motor vehicles in INTERSTATE commerce or to operate in INTRASTATE commerce beyond 100 air miles, or when hauling hazmat requiring placards. Another way to think about this is that all drivers operating in commerce must be medically qualified unless they are claiming the Maine 100 air mile exemption found in the Chapter 4 rules of the Maine State Police: Code of Maine Rules, 222, Chapter 4 – MAINE MOTOR CARRIER SAFETY REGULATION.
In addition to being medically qualified, CDL drivers must self-certify to Maine BMV their medical status. There are four options for self-certification:
- Non-Excepted Interstate:You are an Interstate non-excepted driver and must meet the Federal DOT medical card requirements (e.g. – you are “not excepted”).
- Excepted Interstate:You are an Interstate excepted driver and do not have to meet the Federal DOT medical card requirements.
- Non-Excepted Intrastate:You are an Intrastate non-excepted driver and are required to meet the medical requirements for your State.
- Excepted Intrastate: You are an Intrastate excepted driver and do not have to meet the medical requirements for your State.
When a CDL driver completes their medical exam, the medical examiner must now send the medical certificate electronically to FMCSA who forwards it to the State BMV. The CDL driver is no longer required to send the medical certificate. In fact, Maine BMV will not accept the medical certificate directly from the driver as it needs to come from the medical examiner.
CDL drivers are also required to self-certify one of the categories above to Maine BMV. Once they self-certify, that certification will remain on their driving record and CDL drivers are required to re-certify upon renewal or upgrade of their CDL, or when their self-certification status changes due to a change in medical status.
The calls that MMTA has received recently from drivers who have been placed out-of-service involve drivers whose medical card has expired. The drivers have mistakenly believed that they could continue to operate in Maine and within 100 air miles, because of the Maine 100 air mile exemption, because that driving does not require a medical card if they are not hauling hazmat. While this may normally be true, the driver with an expired medical card must also change their medical self-certification with Maine BMV to INTRASTATE EXCEPTED or must renew their medical card in order to be compliant. Failure to do this will lead to a violation of Part 383.23(a)(2) – operating a CMV and not possessing a valid CDL.
We have also received examples of drivers that self-certified as INTRASTATE NON-EXCEPTED. This is most often fuel haulers who stay in Maine, but require medical cards due to hazmat. These drivers also have a restriction “K” on their CDL but must possess a valid medical card. If this medical card expires, drivers must either renew the medical card, or change their self-certification to INTRASTATE EXCEPTED and can no longer haul hazmat.
The regulations require that motor carriers verify the medical status of CDL drivers by running MVR’s at least once annually and within 15 days of CDL drivers being medically certified. Motor Carriers should be reviewing medical status, and ensuring that the driver’s self certification type matches their medical status.
Finally, it’s important to note that the medical card requirements start at 10,001 GVWR unless claiming the Maine 100 air mile exemption. Drivers of CMV’s not requiring a CDL must also be medically qualified and be in possession of a valid medical card and motor carriers must keep a copy of the medical card in the driver’s DQ file. Non-CDL drivers are not required to self-certify to Maine BMV and they must have the med card in their possession while driving.
We hope that this article answers questions, but as always members should feel free to contact Randy DeVault or Tim Doyle at MMTA with compliance questions.
NOTE: MMTA strongly recommends that CDL drivers with medical cards self-certify as INTERSTATE NON-EXCEPTED and avoid the restriction “K”, even if they intend to only operate within Maine. In this way you avoid the restriction “K” and can travel in INTERSTATE commerce if otherwise qualified.