View Rule

Statement of Need: This rule is required by Public Law 106-159. Section 215 of the Act requires that medical certification information be made part of the CDL. When applying for (or renewing) a CDL, 49 CFR Part 383 requires drivers to self-certify whether they are subject to part 391 (Qualifications of Drivers). If they operate in interstate commerce and are not excepted, then part 383 requires these drivers to self-certify whether they meet the physical qualification requirements of Part 391. Part 383 does not currently require drivers to provide any "proof" regarding their physical qualification to operate a CMV in order to obtain or retain a CDL. This rulemaking would require interstate CDL drivers who are not excepted to begin providing to their State driver-licensing agency (SDLA) an original or copy (at the State's discretion) of each medical examiner's certificate they obtain. The SDLA would modify their implementation of CDLIS and record information on that driver's Commercial Driver License Information System (CDLIS) individual driver record maintained by the State. The new required information would include both the self-certification regarding applicability of part 391, and for interstate drivers who are not excepted, the current medical certification status information. This combination of information about the applicability of part 391 and medical certification status would determine whether a CDL could be issued, transferred, upgraded, renewed, or retained.

Summary of the Legal Basis: Section 215 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) directed the Secretary of Transportation (Secretary) to "initiate a rulemaking to provide for a Federal medical qualification certificate to be made a part of commercial driver's licenses." The physical qualifications requirements in 49 CFR part 391 are based on 49 U.S.C. 31136 and 31502. The physical qualifications standards are at 49 CFR § 391.11. Part 391 regulations are applicable only to drivers who operate CMVs, as defined in 49 U.S.C. 31132. Thus, FMCSA interprets section 215 of MCSIA applicable only to interstate CDL holders. The Commercial Motor Vehicle Safety Act of 1986 directed the Secretary to establish licensing standards for drivers that operate CMVs, as defined in 49 U.S.C. 31301. Those operators of CMVs as defined in 49 U.S.C. 31301, who are engaged solely in intrastate commerce, must obtain a CDL but are not required by current Federal regulations to obtain a medical certificate as proof of their physical qualifications to operate commercial vehicles. [49 CFR § 383.71(a)(1)]. The Secretary delegated these authorities to FMCSA. [49 CFR § 1.73].

Alternatives: All alternatives require SDLAs to modify CDLIS. Under alternatives 1 and 2, SDLAs receive paper documents (original or copy) and perform data input. Under alternative 3, SDLAs receive an electronic CDLIS transaction. Employing motor carriers would be able to obtain medical certification status on CDLIS motor vehicle record (MVR) obtained from SDLA. For drivers subject to part 391 and not excepted, MVR would contain medical certification status, as well as license status. Enforcement personnel obtain current license status, whether driver operates in interstate commerce, and medical certification status via electronic checks. Under all three alternatives, the CDLIS driver record serves as the official record to indicate whether a driver operating in interstate commerce is required to be medically certified, and, if so, whether the driver is currently medically certified. 1. CDL Renewal Cycle Same as Medical Certificate. Driver provides a current medical examiner's certificate to SDLA, which issues a new CDL expiring same day as certificate. Medical certificates expire in two years, so CDLs would be issued more often, and drivers would pay more fees that States assess. 2. No Change in CDL Renewal Cycle-Distributed. As in alternative 1, CDL drivers provide medical a current examiner's certificate to SDLA. There would be no additional issuance of a new CDL. SDLAs develop capability to downgrade CDL if new certification not received by expiration. Employers and enforcement personal obtain needed verifications from CDLIS driver record. 3. No Change in CDL Renewal Cycle-Centralized. Certificates go to central location. Status information electronically transmitted to SDLA, which develop capability to electronically receive and record on CDLIS driver record. As in alternative 2, SDLA downgrades CDL if new certification is not received by time it expires. Employer and enforcement access like alternatives 1 and 2 above.

Anticipated Costs and Benefits: A preliminary regulatory evaluation for this rule was prepared and was placed in the docket when the NPRM was published. Costs being reviewed based on comments to the NPRM. Currently, we estimate 10 year costs (discounted at 7 percent) at $61,134,000, total benefit at $82,585,000, and net benefit over 10 years at $21,450,000.

Risks: In addition to assessing costs, the agency is assessing the safety benefits.