Commercial Driver's License Rules & Regulations

In this opening session, Brian R. Barott of MnDOT reviewed some of the recent federal and state regulation changes affecting commercial motor vehicle (CMV) license holders.

Medical certification program
As of January 30, 2012, the new medical certification program requires commercial drivers to complete a self-certification form when:

• Applying for a new CDL (A, B or C class)
• Renewing a CDL
• Applying for a higher class of CDL
• Applying for a new endorsement on a CDL
• Existing medical examiner’s certificate and/or waiver will soon expire or has expired

On this form, drivers must certify that they operate in one of the following categories:

• Category 1—Non-exempt interstate (subject to 49 CFR part 391 and must also provide a current medical examiner’s certificate and any waivers indicated on the certificate)
• Category 2—Exempt interstate (exempt from medical examination requirements of 49 CFR part 391)
• Category 3—Non-exempt intrastate (subject to state medical examination requirements of Minnesota Statues, chapter 221 and must also provide current medical examiner’s certificate and any waivers indicated on the certificate)
• Category 4—Exempt intrastate (exempt from state medical examination requirements listed in Minnesota Statutes, chapter 21)

To figure out what self-certification category applies, Barott explained, drivers must first determine if they are using the CMV for interstate commerce or intrastate commerce. Federal regulation 49 CFR 390.5 defines interstate commerce as any trade, traffic, or transportation in the United States:

• Between a place in a state and a place outside of such state including a place outside of the United States
• Between two places in a state through another state or a place outside the United States
• Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or United States

Federal regulation 49 CFR 390.5 defines intrastate as any trade, traffic, or transportation that occurs entirely within the boundaries of one state. Drivers operating in both interstate and intrastate commerce are considered interstate.

“Once you determine which of these you operate in, you then must determine whether you operate, or expect to operate, under an exempt or non-exempt status,” Barott continued. “This decision tells drivers which of the four self-certification category they belong to. If you operate in both exempt and non-exempt interstate commerce, you are considered Category 1.”

“Print the form, sign off on it, and take it with you to the testing station,” Barott said. “As of now, these forms are not available at the testing stations. There is other useful information on the website as well.”

Endorsement restrictions
Barott went on to discuss the new federal endorsement restrictions (49 CFR, part 383.95) that will be required as of July 8, 2014. While commercial driver’s license endorsements allow drivers to operate certain types of vehicles, several new restrictions will prevent drivers from operating certain types of vehicles under certain conditions. For example, the manual transmission restriction “E” says that if an applicant performs a skills test in a vehicle equipped with an automatic transmission, he or she will be restricted from operating a vehicle equipped with a manual transmission. “There are several other restrictions,” Barott explained. “Just be aware that these are coming.”

Distracted driving
He then changed directions to address the distracted driving issue. Statistically, more than one person will die each day on Minnesota roads, he said. He then pointed out a few Minnesota crash facts, noting that inattentive driving contributes to 25 percent of all vehicle crashes in the state. A recent Minneapolis StarTribune newspaper article on the subject reported that in the past three years, distracted driving has resulted in 208 deaths and nearly 26,000 injuries in Minnesota.

To further illustrate the dangers of distracted driving, Barott recounted an incident that occurred March 26, 2012, just south of Louisville, Kentucky, in which a truck crossed the median, hit a passenger van, and killed 10 of the 12 van occupants. “Records show that the truck driver used his cell phone to call and text 69 times while driving, and that he made the last call at 5:14 a.m., the exact time the truck departed the highway,” Barott said. “This crash was the final blow that brought about the rule that CDL drivers cannot use a cell phone while operating their vehicle.”

Ironically, CDL drivers who work for a government entity are exempt from this rule and legally can talk on a cell phone, he added. “But you need to consider what ‘exempt’ really means. If you [as a government employee] are using a cell phone while driving a CMV, you cannot be ticketed. But, if you are using a phone and are involved in a crash, you can be ticketed. At this point the exemption doesn’t do you any good. You will receive a distracted driving violation and most likely your training records will be checked, your agency’s policies will be audited, and your cell phone records will be examined. It’s a bit unclear if your government employer shares the blame for allowing cell phone use. This is a big black hole and open to interpretation of courts and attorneys who can go after you personally as well as your employer.”

—Nancy Strege, LTAP freelancer