Q & A - Reporting Your Medical Card to the State The following FAQs will help you in determining how to meet the new Federal medical certification requirements. The Michigan Department of State (MDOS) mailed a self certification form to current Michigan Commercial Drivers License holders. States are required to request this information by federal rule (Medical Certification Requirements as Part of the CDL, Final Rule, December 1, 2008). Under federal law the population of drivers required to obtain a commercial driver s license (CDL) is different from the population of drivers required to obtain a medical certificate. For that reason the rule reconciles the differences between the scope of the Agency s authority to regulate the physical qualifications of drivers of commercial motor vehicles (CMVs) and its authority to establish requirements for CDLs. Not all operators of commercial motor vehicles or holders of a CDL are required to have a medical card. The state form, located at http://michigan.gov/documents/sos/cdl_self_certification_form_374914_7.pdf is somewhat misleading regarding excepted driving and the requirement for medical cards. In particular, the form does not include the state farm vehicle driver exceptions and leads the user to believe that operating tractors and other implements of husbandry would require medical cards. All holders of CDLs are required to complete the form within the stated time period (immediately below). However, if you are exclusively operating within one of the CDL excepted farm related areas this reporting rule does not change your exception to medical cards. Q. What must I do to comply with the new requirements for making my medical certification part of my CDL state driving record? A. Starting on January 30, 2012, when you: Apply for a CDL; Renew a CDL; Apply for a higher class of CDL; Apply for a new endorsement on a CDL; or Transfer a CDL from another State You will be required to self certify to a single type of commercial operation on your driver license application form. Based on that self certification, you may need to provide the MDOS with a current medical examiner s certificate and show any variance you may have to obtain or keep your CDL. Note: The Federal Motor Carrier Safety Act under 383.3 provides the [CDL] rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States. 383.3 (d) provides for February 9, 2012 1
an exception for farmers, firefighters, emergency response vehicle drivers, and drivers removing snow and ice. A State may, at its discretion, exempt farm vehicle drivers identified in (d)(1) of this section from the [CDL] requirements of this part. The use of this waiver is limited to the driver's home State unless there is a reciprocity agreement with adjoining States. Farm vehicle drivers are defined as follows: (d)(1) Operators of a farm vehicle which is: (i) Controlled and operated by a farmer, including operation by employees or family members; (ii) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm; (iii) Not used in the operations of a common or contract motor carrier; and(iv) Used within 241 kilometers (150 miles) of the farmer's farm. The Michigan Vehicle Code accepts this federally allowed exception of farm vehicle drivers at section 257.312(e)(8): (8) Except as otherwise provided in subsections (9) and (10), this section does not apply to a driver or operator of a vehicle under all of the following conditions: (a) The vehicle is controlled and operated by a farmer or an employee or family member of the farmer. (b) The vehicle is used to transport agricultural products, farm machinery, farm supplies, or a combination of these items, to or from a farm. (c) The vehicle is not used in the operation of a common or contract motor carrier. (d) The vehicle is operated within 150 miles of the farm. (9) A person, before driving or operating a combination of vehicles having a gross vehicle weight rating of 26,001 pounds or more on the power unit that is used as described in subsection (8)(a) to (d), shall obtain an F vehicle indorsement. The F vehicle indorsement shall be issued upon successful completion of a knowledge test only. (10) A person, before driving or operating a single vehicle truck having a gross vehicle weight rating of 26,001 pounds or more or a combination of vehicles having a gross vehicle weight rating of 26,001 pounds or more on the power unit that is used as described in subsection (8)(a) to (d) for carrying hazardous materials on which a placard is required under 49 CFR parts 100 to 199, shall successfully complete both a knowledge test and a driving skills test. Upon successful completion of the knowledge test and driving skills test, the person shall be issued the appropriate vehicle group designation and any vehicle indorsement necessary under this act. February 9, 2012 2
Persons qualifying under this section do not need a CDL to operate the designated vehicles and hence do not need a medical card. These drivers do need to complete the form if they hold a CDL as excepted intrastate driver. But before you do that please read the following Q & A to determine the proper designation, and medical card reporting requirements, for all persons driving for your farm or ag business. Q. How do I determine which type of commercial motor vehicle (CMV) operation I should self-certify to MDOS? Note: There are two definition of Commercial Motor Vehicle within the federal and State codes. The first and broadest covers safety and other areas and includes four basic categories of vehicles in the CMV definition: Those with a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), whichever is greater, of at least 10,001 pounds; Those designed or used to transport for compensation more than 8 passengers, including the driver; Those designed or used to transport not for compensation more than 15 passengers, including the driver; or Those used to transport hazardous materials that require a placard on the vehicle. However, for CDL purposes, of CDL requirements the definition of CMV means: A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle 1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or 2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or 3) Is designed to transport 16 or more passengers, including the driver; or 4) Is of any size and is used in the transportation of hazardous materials as defined. A. For the purpose of complying with the new requirements for medical certification, it is important to know how you are using the CMV. To help you decide, follow these steps: Step 1: Do you, or will you, use a CDL to operate a CMV in interstate or intrastate commerce? Interstate commerce is when you drive a CMV: From one State to another State or a foreign country; February 9, 2012 3
Between two places within a State, but during part of the trip, the CMV crosses into another State or foreign country; or Between two places within a State, but the cargo is part of a trip that began or will end in another State or foreign country. Intrastate commerce is when you drive a CMV within a State and you do not meet any of the descriptions above for interstate commerce. If you operate in both intrastate commerce and interstate commerce, you must choose interstate commerce. Step 2: Once you decide you operate or will operate in interstate commerce or intrastate commerce, you must decide whether you operate (or expect to operate) in a non-excepted or excepted status. This decision will tell you to which of the four types of commerce you must self-certify. Interstate Commerce: You operate in excepted interstate commerce when you drive a CMV in interstate commerce only for the following excepted activities: As Federal, State or local government employees; To transport human corpses or sick or injured persons; Fire truck or rescue vehicle drivers during emergencies and other related activities; Primarily in the transportation of propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding; In Response to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture; In custom harvesting on a farm or to transport farm machinery and supplies used in the custom harvesting operation to and from a farm or to transport custom harvested crops to storage or market; Beekeeper in the seasonal transportation of bees; Controlled and operated by a farmer, but is not a combination vehicle (power unit and towed unit), and is used to transport agricultural products, farm machinery or farm supplies (no placardable hazardous materials) to and from a farm and within 150 airmiles of the farm; To transport migrant workers. If you answered yes to one or more of the above activities as the only operation in which you drive, you operate in excepted interstate commerce and do not need a Federal medical examiner s certificate. If you answered no to all of the above activities, you operate in non-excepted interstate commerce and are required to provide a current medical examiner s certificate (49 CFR 391.45),commonly referred to as a medical certificate, medical card or DOT card, to MDOS. February 9, 2012 4
Most CDL holders who drive CMVs in interstate commerce are non-excepted interstate commerce drivers. If you operate in both excepted interstate commerce and non-excepted interstate commerce, you must choose non-excepted interstate commerce to be qualified to operate in both types of interstate commerce. Intrastate Commerce: You operate in excepted Intrastate commerce when you drive a CMV only in intrastate commerce activities for which your State of licensure has determined do not require you to meet the State s medical certification requirements. Michigan has adopted federally authorized exceptions to CDL requirements at 480.15 Intrastate transportation; exceptions; applicability to farm vehicle driver, public utility driver, governmentowned commercial motor vehicle, certain combination of vehicles, and buses; motor vehicle engaged in seasonal construction-related activities. The definition at 5 provides: (1) In the case of intrastate transportation, the provisions of 49 CFR 391.21 relating to application for employment, 49 CFR 391.23 relating to investigations and inquiries, 49 CFR 391.31 relating to road tests, 49 CFR part 395 relating to hours of service, 49 CFR 383.71 and 391.41 to 391.45 to the extent that they require a driver to be medically qualified or examined and to have a medical examiner's certificate on his or her person, and the provisions of this act relating to files and records do not apply to a farm vehicle driver as defined in 49 CFR 390.5 (See first Q & A). You operate in non-excepted intrastate commerce when you drive a CMV only in intrastate commerce and are required to meet your State of licensure s medical certification requirements. Note: The state adoption of federal exceptions from medical qualification; grandfather rights; preexisting conditions; maintaining copy of grandfather card will expire on December 31, 2011. If you operate in both excepted intrastate commerce and non-excepted intrastate commerce, you must choose non-excepted intrastate commerce. Step 3: Provide MDOS with your self-certification of your operating status. If you self-certify to non-excepted interstate on or after January 30, 2012, you must provide MDOS with either the original or copy of your current medical examiner s certificate as required by MDOS. If your medical examiner s certificate is only valid with a vision, diabetes or a skills performance evaluation variance granted by FMCSA, you may also be asked by MDOS to provide a copy of that variance document. February 9, 2012 5
Q. What if I am an existing CDL holder who does not have a license renewal, upgrade or transfer between January 30, 2012 and January 30, 2014? A. You are responsible for following the three steps above and providing MDOS with your selfcertification of operating status by January 30, 2014. If required, you must also provide your current medical examiner s certificate and any variance document by January 30, 2014. MDOS will tell you how you can provide this information. http://michigan.gov/sos/0,4670,7-127- 1627_8669_53324-268586--,00.html Q. Do I or my Farm Vehicle Drivers require a medical card? A. No, provided that you or your driver(s) meet all the farm vehicle driver requirements and limitations. Q. Do I, my family members or employees require a medical card to operate tractors and implements of husbandry on the road for my farming operation? A. No. Q. After I provide MDOS with my unexpired medical examiner s certificate, do I still have to carry an original or copy of my medical examiner s certificate? A. Yes. Until the program is fully implemented on January 30, 2014, you will still have to carry an original or copy of the medical examiner s certificate and provide a copy to your employer for your driver qualification file. Q. What should I do with the medical examiner s certificate beginning on January 30, 2014? After you provide MDOS and your employer with the medical examiner s certificate, the medical examiner s certificate will only be valid for the first 15 days after it was issued. Your medical examiner s certificate will be recorded on your driving record and will become the valid version of your medical certification. Q. What if I do not provide MDOS with my self-certification and if required, my medical examiner s certificate and any required variance document by January 30, 2014? A. MDOS will notify you that you are no longer medically certified to operate a CMV in nonexcepted Interstate commerce. The MDOS will then remove all your CDL privileges from your license. Q. What should I do when my medical certificate and/or variance is about to expire? A. You must have a new medical examination and obtain a new medical certificate. You must then provide MDOS the new medical examiner s certificate. You are also responsible for applying to FMCSA for a renewal of your variance. February 9, 2012 6
Q. What happens if my medical examiner s certificate or variance expires before I provide MDOS with a new one? A. MDOS will notify you that you are no longer medically certified to operate a CMV in nonexcepted Interstate commerce. MDOS will then remove all your CDL privileges from your license. Q. How can I get back my CDL privileges? A. If the medical examiner s certificate has expired, you must obtain a new one and provide it to MDOS. If the variance has expired, you must renew it with FMCSA. Your State may require retesting and additional fees to get back your CDL privileges. If allowed by MDOS, you may also change your self-certification to an operating category that does not require a medical certificate. February 9, 2012 7