New York State Department of Motor Vehicles CDL Update 64 th Annual School for Highway Superintendents June 3, 2009 Presented by: Peter DePuccio & Dave Malsan 1
Medical Certification Requirements as Part of the CDL Final Rule 49 CFR Parts 383, 384, 390 & 391 2
Rules and Requirements Final Rule published December 1, 2008 Final Rule effective January 30, 2009 State Compliance January 30, 2012 Section 12005 of CMVSA of 1986 may require issuance of a certificate of fitness to operate a CMV Section 215 of MCSIA of 1999 provide for a Federal medical qualification certificate to be made part of CDLs. 3
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Current Requirements CDL applicant must self certify meets requirements of 49 CFR 391 or State requirements No requirement for State to verify medical fitness Interstate drivers must carry medical certificate 5
New Requirements - Drivers All CDL holders must certify starting 3 years after effective date: Engaged in interstate commerce and meet Part 391 requirements; Engaged in interstate commerce and excepted from Part 391 requirements; or Engaged in intrastate commerce and subject to State requirements (or excepted) Current CDL holders No later than 5 years after effective date 6
New Requirements Drivers (cont.) All CDL holders engaged in interstate commerce and subject to Part 391 must: Prior to initial issuance of CDL Starting 3 years after effective date Provide original/copy of medical examiner s certificate to SDLA Current CDL holders No later than 5 years after effective date 7
New Requirements - State SDLA must: Record medical certification status (All CDL holders) Record medical certificate data on driver record (Interstate CDL holders) Not issue CDL if not certified Provide information to authorized users and their agents Update medical certification status 10 calendar days Medical variance - Place restriction on CDL Downgrade CDL within 60 days if not certified Notify driver of downgrade 8
New Requirements Motor Carrier Motor Carrier must: Verify medical status on motor vehicle record Place in driver qualification (DQ) file Place copy of any medical variance in DQ file Perform verification when employed and at least annually 9
Benefits 1 st step in phased in implementation of improved medical fitness program Link to other medical initiatives Require drivers to update medical certifications Provide roadside access to medical certification status 10
Questions? Revised 030309 11
How Alcohol and Drug Convictions Affect your Drivers License 04/02/09 12
Issuance of License Sanctions 1 st Offense Driving While Ability Impaired = 90 day full license suspension 1 st Offense Driving While Intoxicated = 6 month full license revocation 1 st Offense Aggravated DWI.18% BAC = 1 year full license revocation Any of the above while Commercial Driver License (CDL) holder = additional 1 year CDL revocation (car) Any of the above while operating a Commercial Motor Vehicle (CMV) = 1 year full license revocation 1 st Offense Chemical Test Refusal = 1 year full license revocation *CMV or CDL holder = 18 months 13
Issuance of License Sanctions 2 nd Offense Any alcohol/drug violation in CMV or by CDL holder = permanent CDL revocation 2 nd Offense Any major violation in a CMV or CDL holder = permanent CDL revocation mix & match *Both w/ possible waiver after 10 yrs. All operators, Effective 11/01/06, new legislation - 3 or more alcohol/penal law offenses within 4 8 years mandate permanent full-license sanctions *possible consideration for a special conditional license after 3 years and possible consideration for full license restoration after 5 or 8 years 14
Determination of Eligibility for Conditional Use Work License (CUL) 1 st Offense Drinking Driver Program (DDP) participation required to obtain CUL Conditional Use License allowed in Non-Commercial class only if meet eligibility requirements Not Eligible: non-alcohol related sanctions in effect, fatality involvement, offense occurred while operating a CMV - exception DWAI offense 15
Ignition Interlock Device Requirement Court can order the installment of the Ignition Interlock Device as part of sentencing for certain alcohol and Penal Law violations Device to be installed in all vehicles of the household Can operate employer s vehicle (non-cmv) without device if employer documents awareness of restriction and grants permission Device required to be installed in owner/operator commercial motor vehicles only after full license restoration, if still serving a term of court probation Ignition Interlock Device restriction is placed on the license 16
Restoration of License/Driving Privileges 1 st Offense: Clients that complete the NYS DDP are allowed to obtain full non-commercial licenses upon completion of DDP Revocations issued against the CDL holder will automatically be terminated to allow for license upgrade at end of CDL revocation period Revocations issued for offenses occurring in a CMV must serve full revocation period (generally 1 year) before restoration may be given based on DDP completion 17
Restoration of License/Driving Privileges 2 nd Offenses: Clients who do not participate, or are not eligible for, the NYS DDP must make application for re-licensing through the Driver Improvement Bureau and will only be granted, if approved, for Non-Commercial licensing Clients with permanent CDL revocations may make application for CDL re-licensing after 10 years with the extra submission of a Certificate of Relief from Disabilities from the last convicting court 18
How Does A Client Make Application After Revocation? A New York resident must submit DMV form MV-44, Application for Driver License along with a $50 non-refundable reapplication fee (fee increase to $100.00 for revocations effective 7/6/09 based on new Legislation) NYS DMV, Driver Improvement Bureau 6 Empire State Plaza Albany, NY 12228 Call: 474-0774 Hours: Monday Friday 8:30am 12:00pm 19
CDL and Related Issues 20
Fire Fighter CDL Exemption Effective April 1 st 2009 Budget Bill (S-59 & A-159) amended V&T Law 501 to include returning from emergency service Combination of being MCSIA compliant and NY s position to receive acceptable language (interpretation) from FMCSA 21
Hazardous Material Endorsements Section 1012 of the USA Patriot Act & Sect. 501(6) of the V&T Law require Security Threat assessment checks Beginning January 31, 2005 No HME without fingerprint based check 8 year license with a 5 year HME renewal cycle 22
HazMat 2010 Expiration Deadline Problem!!! Approximately 32,300 drivers with HME s that will expire on January 31, 2010 New York State DMV does not have legal authority to compel these drivers to renew early The payment for the fingerprint transaction is $138.25 which will increase to $140.75 on July 1, 2009 The fee and the possibility of disqualification for prior felonies and/or jail time are disincentives to early application. 23
HazMat 2010 Deadline What we ve done: Warning letters Association Contacts & Member Newsletters Truck Safety Conference Presentation License Monitor, Inc. Newsletter 24
Questions May Be Directed to: NYS Department of Motor Vehicles Hazardous Materials Certification Unit (518) 408-2997 hazmatunit@dmv.state.ny.us 25
A3 CDL Restriction Changes began February 1, 2006 No CDL unless applicant meets Federal Medical Requirement K Restriction Eliminated A3 Restriction School bus operation, federal definition home to school, school to home (based on 49CFR 390.3 (f) (2)) Municipal operation, government employees driving vehicles owned or leased by political subdivisions, including school districts (49CFR 390.3 (f) (3)) 26
CDL Road Test Readiness Bring your current license in addition to your permit Endorsements, Restrictions & you may not be tested! Be on time! Be prepared Practice, Practice, Practice! Handheld scoring devices to expedite temporary license are coming! 27
LENS CONTACTS: LENS HELP LINE: (518) 486-4480 EMAIL: LENS@dmv.state.ny.us For LENS only, no other inquiries to this email address will be answered 28
Government and Industry partnerships Achieving Safety, Compliance and Security Ask to be added to the mailing list! 29
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Thank you! For further information please contact: New York State DMV Office of Motor Carrier Safety at (518) 473-9938 Or The Federal Motor Carrier Safety Administration at (518) 431-4145 0 http://www.fmcsa.dot.gov/ 31