Section 1030.22 Medical Examiner's Certificate – CLP or CDL Holders

TITLE 92: TRANSPORTATION

CHAPTER II: SECRETARY OF STATE

PART 1030 ISSUANCE OF LICENSES

SECTION 1030.22 MEDICAL EXAMINER'S CERTIFICATE – CLP OR CDL HOLDERS

Section 1030.22  Medical

Examiner's Certificate – CLP or CDL Holders

a)         Every person who holds a CLP or CDL must

meet the requirements set forth in 49 CFR 383.71(a)(2) through (a)(9) and (h) (October

1, 2014) and self-certify with the Department as one of the following:

1)         Non-excepted interstate (NI) – Operates or

expects to operate in interstate commerce, is both subject to and meets the

qualification requirements under 49 CFR 391 (2011), and is required to obtain a

medical examiner's certificate by 49 CFR 391.45 (October 1, 2014);

2)         Excepted interstate (EI) – Operates or

expects to operate in interstate commerce, but engages exclusively in

transportation or operations excepted under 49 CFR 390.3(f), 391.2, 391.68 or

398.3 (October 1, 2014) from all or parts of the qualification requirements of

49 CFR 391 (October 1, 2014), and is therefore not required to obtain a medical

examiner's certificate by 49 CFR 391.45 (October 1, 2014);

3)         Non-excepted intrastate (NA)

– Operates or expects to operate only in intrastate commerce and is both

subject to and meets the qualification requirements under 49 CFR 391 (October

1, 2014), as incorporated by reference at 92 Ill. Adm. Code 391.2000, and is

required to obtain a medical examiner's certificate by 49 CFR 391.45 (October

1, 2014). (See 92 Ill. Adm. Code 391.2000(c) for intrastate exceptions.); or

4)         Excepted intrastate (EA) – Operates in

intrastate commerce, but engages exclusively in transportation or operations excepted

from all or parts of the State driver qualification requirements and is

therefore not required to obtain a medical examiner's certificate by 49 CFR

391.45 (October 1, 2014).

b)         Every applicant for a CLP or CDL, including

a renewal and upgraded CLP or CDL, must self-certify as set forth in subsection

intrastate commerce, but engages exclusively in transportation or operations excepted

from all or parts of the State driver qualification requirements and is

therefore not required to obtain a medical examiner's certificate by 49 CFR

391.45 (October 1, 2014).

b)         Every applicant for a CLP or CDL, including

a renewal and upgraded CLP or CDL, must self-certify as set forth in subsection

(a).

c)         Failure, by a current CDL holder, to

self-certify with the Department by January

30, 2014 will result in the cancellation of the CDL privileges.

d)         Pursuant to 49 CFR 383.73(a)(5) (October 1,

2014), the Department shall require a CLP or CDL holder to submit a medical

examiner's certificate when the driver self-certifies to non-excepted interstate

(NI) driving operations (see subsection (a)(1)).

e)         Intrastate drivers subject to subsection (a)(3)

are not required to submit a medical examiner's certificate to the Secretary

when the driver self-certifies to NA driving privileges.

f)         The medical examiner's certificate must be

submitted on a form approved by the Department and contain the following

information:

1)         Signature of medical examiner;

2)         Medical examiner's telephone number;

3)         Date

of issuance of the medical examiner's certificate;

4)         Medical

examiner's full name;

5)         Medical

examiner's specialty;

6)         Medical

examiner's license/certificate number and issuing state;

7)         Driver's

signature;

8)         Driver's

license number and issuing state;

9)         Driver's

residence address;

10)        Expiration date of the medical examiner's

certificate;

11)        Medical Examiner's National Registry

Number.

g)         The Department shall require a CLP or CDL

holder to submit a medical variance when the medical examiner's certificate

indicates a medical variance is required

ignature;

8)         Driver's

license number and issuing state;

9)         Driver's

residence address;

10)        Expiration date of the medical examiner's

certificate;

11)        Medical Examiner's National Registry

Number.

g)         The Department shall require a CLP or CDL

holder to submit a medical variance when the medical examiner's certificate

indicates a medical variance is required.

h)         Within 10 calendar days after the receipt

of a medical examiner's certificate, medical variance or notification from

FMCSA that a medical variance was removed or rescinded, the Department shall

update the CDLIS driver record.

i)          If the Department receives notification

that a CLP or CDL holder has been granted a medical variance and the most

recent medical certificate on file with the Department does not contain a

medical variance, the CLP or CDL holder shall be required to submit a current

medical examiner's certificate reflecting the variance and to appear at a CDL

facility to have a corrected CLP or CDL issued.  If, within 20 days after

notification by the Department, the CLP or CDL holder fails to submit an

updated medical examiner's certificate or to have a corrected CLP or CDL issued,

the driver's CLP or CDL privileges will be cancelled pursuant to IVC

Section 6-201(a)(12).

j)          All CLP or CDL holders who have certified

to non-excepted interstate (NI) driving must maintain on file with the

Department a current medical examiner's certificate and, if applicable, a

medical variance.

1)         The Department shall notify the driver in

writing at least 90 days prior to the expiration of his or her medical

examiner's certificate and/or medical variance that a new certificate and/or

variance must be filed with the Department.

2)         The Department shall, within 10 days after

the expiration of the driver's medical examiner's certificate and/or medical

variance, update the medical certification status to "not certified"

in

writing at least 90 days prior to the expiration of his or her medical

examiner's certificate and/or medical variance that a new certificate and/or

variance must be filed with the Department.

2)         The Department shall, within 10 days after

the expiration of the driver's medical examiner's certificate and/or medical

variance, update the medical certification status to "not certified".

3)         Failure of the CLP or CDL holder to submit

a new medical examiner's certificate and/or medical variance within 30 days after

the expiration date of the most recent medical examiner's certificate and/or

medical variance on file will result in the cancellation of the CLP or CDL

privileges pursuant to IVC Section 6-201(a)(12).

A)        The cancellation shall take effect on the 31

st

day after the expiration of the medical examiner's certificate and/or medical

variance.

B)        The cancellation order shall remain in

effect until the driver:

i)          Provides a current and completed medical

examiner's certificate and, if applicable, a medical variance; or

ii)         Appears at a CDL facility, downgrades to a

non-CDL license and has a corrected driver's license issued; or

iii)        Changes the self-certification to excepted

interstate, excepted intrastate or non-excepted intrastate.

4)         If the commercial driving privileges are

cancelled and a current and completed medical examiner's certificate and/or

medical variance is subsequently received, the cancellation shall be rescinded.

k)         If the Department receives notification

from FMCSA that it has removed or rescinded a medical variance, the Department

shall change the medical certification status to "not certified" on

the CDLIS driving record and immediately cancel the CLP or CDL privileges

pleted medical examiner's certificate and/or

medical variance is subsequently received, the cancellation shall be rescinded.

k)         If the Department receives notification

from FMCSA that it has removed or rescinded a medical variance, the Department

shall change the medical certification status to "not certified" on

the CDLIS driving record and immediately cancel the CLP or CDL privileges.

1)         The Department shall notify the driver that

one of the following requirements must be met in order to clear the

cancellation:

A)        Provide a current and completed medical

examiner's certificate that indicates a variance is no longer necessary; or

B)        Appear at a CDL facility, downgrade to a

non-CDL license and have a corrected driver's license issued; or

C)        Change self-certification to excepted

interstate, excepted intrastate or non-excepted intrastate.

2)         If the commercial driving privileges are

cancelled and a current and completed medical examiner's certificate and

medical variance is subsequently received, the cancellation shall be rescinded.

l)          If the Department receives notification

from FMCSA that it has removed or rescinded a medical examiner's certificate,

the Department shall change the medical certification status to "not

certified" on the CDLIS driving record and immediately cancel the CLP or CDL

privileges.

1)         The Department shall notify the driver that

one of the following requirements must be met in order to clear the

cancellation:

A)        Provide a current and completed medical

examiner's certificate; or

B)        Appear at a CDL facility, downgrade to a

non-CDL license and have a corrected driver's license issued; or

C)        Change self-certification to excepted

interstate, excepted intrastate or non-excepted intrastate

e driver that

one of the following requirements must be met in order to clear the

cancellation:

A)        Provide a current and completed medical

examiner's certificate; or

B)        Appear at a CDL facility, downgrade to a

non-CDL license and have a corrected driver's license issued; or

C)        Change self-certification to excepted

interstate, excepted intrastate or non-excepted intrastate.

2)         If the commercial driving privileges are

cancelled and a current and completed medical examiner's certificate and, if

applicable, medical variance is subsequently received, the cancellation shall

be rescinded.

m)        The Department shall not accept an

incomplete medical examiner's certificate.  If a driver submits an incomplete

medical examiner's certificate, the Department shall notify the driver, in

writing, that the submitted medical examiner's certificate was incomplete and

direct the driver to provide a completed medical examiner's certificate.

Failure of the CLP or CDL holder to submit a completed medical examiner's certificate

to the Department within 30 days will result in the cancellation of the CLP or CDL

privileges pursuant to IVC Section 6-201(a)(12).

1)         The cancellation order shall take effect on

the 31

st

day and shall remain in effect until the driver:

A)        Provides a current and completed medical

examiner's certificate and, if applicable, a medical variance; or

B)        Appears at a CDL facility, downgrades to a

non-CDL license and has a corrected driver's license issued; or

C)        Changes the self-certification to excepted

interstate, excepted intrastate or non-excepted intrastate.

2)         If the commercial driving privileges are

cancelled and a current and completed medical examiner's certificate and, if

applicable, medical variance are subsequently received, the cancellation shall

be rescinded

on-CDL license and has a corrected driver's license issued; or

C)        Changes the self-certification to excepted

interstate, excepted intrastate or non-excepted intrastate.

2)         If the commercial driving privileges are

cancelled and a current and completed medical examiner's certificate and, if

applicable, medical variance are subsequently received, the cancellation shall

be rescinded.

n)         The Department shall require a CLP or CDL

holder to obtain a corrected driver's license with a restriction if the CLP or CDL

holder submits a medical examiner's certificate that indicates the driver is

medically approved to operate a CMV conditioned upon a restriction.

1)         Failure to appear at a CDL facility within

20 days to add the proper restriction to the CLP or CDL and pay the appropriate

fee for a corrected driver's license will result in the cancellation of CLP or CDL

privileges pursuant to IVC Section 6-201(a)(11).

2)         If the CLP or CDL privileges are canceled

and the driver subsequently appears at a CDL facility, has the restriction

added to the driver's license and has a corrected CLP or CDL issued, the

cancellation shall be cleared.

o)         If the Department receives notification

from a medical examiner or FMCSA that a medical certificate or information used

to obtain a medical certificate is fraudulent, the Department shall change the

medical certification status to "not certified" on the CDLIS driving

record and immediately cancel the CDL privileges.

1)         The Department shall notify the driver that

one of the following requirements must be met in order to clear the cancellation:

A)        Provide a current and completed medical

examiner's certificate; or

B)        Appear at a CDL facility, downgrade to a

non-CDL license and have a corrected driver's license issued.

2)         If the commercial driving privileges are

cancelled and the driver appears at a CDL facility to downgrade to a non-CDL,

the cancellation shall be cleared

be met in order to clear the cancellation:

A)        Provide a current and completed medical

examiner's certificate; or

B)        Appear at a CDL facility, downgrade to a

non-CDL license and have a corrected driver's license issued.

2)         If the commercial driving privileges are

cancelled and the driver appears at a CDL facility to downgrade to a non-CDL,

the cancellation shall be cleared.

3)         If the commercial driving privileges are

cancelled and a subsequent current and completed medical examiner's certificate

is subsequently received, an investigation shall be conducted to determine the

authenticity of the subsequent medical certificate.  Upon conclusion of the

investigation, if it is determined that the subsequent medical certificate is

authentic and is not based on any fraudulent information, and that the driver

is medically fit to operate a commercial motor vehicle, the cancellation shall

be cleared.  If the investigation concludes the subsequent medical certificate

is not authentic or was based on fraudulent information, or the driver is not

medically fit to operate a commercial motor vehicle, the cancellation shall

stand and the Department shall review the case for fraud sanctions.

p)         Effective July 14, 2014, every person who

holds a CLP or CDL and has self-certified to NA or EA operations must have a K

restriction on his or her driver's license/driving record, in accordance with

Section 1030.92.