Current through Register Vol. 30, No. 38, September 20, 2024
A. Requirements.
1. A commercial driver license applicant
shall submit a U.S. Department of Transportation medical examiner's
certificate, available online from the Federal Motor Carrier Safety
Administration at
https://www.fmcsa.dot.gov, completed as
prescribed under
49 CFR
391.43 to the Department.
a. Except as provided in subsection
(A)(1)(c), the medical examiner's certificate must be completed by a medical
examiner who is listed on the current National Registry of Certified Medical
Examiners. A search of certified medical examiners is available on the Federal
Motor Carrier Safety Administration's website.
b. The medical examiner's certificate must be
completed upon the applicant's initial application and upon or prior to
expiration of the applicant's current medical examiner's certificate.
c. An optometrist, licensed to practice by
the federal government, any state, or U.S. territory, may perform the medical
examination as it pertains to visual acuity, field of vision, and the ability
to recognize colors as specified in
49 CFR
391.41(b)(10).
2. As prescribed under
49 CFR
391.41(a)(2), a licensee who
possesses a commercial driver license shall keep an original or photographic
copy of the licensee's current medical examiner's certificate required under
subsection (A)(1) available for law enforcement inspection upon request for no
more than 15 days after the date it was issued as valid proof of medical
certification.
3. A licensee who
possesses a commercial driver license shall notify the Department of a physical
condition that develops or worsens causing noncompliance with the commercial
driver license physical qualifications as soon as the licensee's medical
condition allows.
B.
Commercial driver license suspension and revocation notification procedure. To
notify a licensee of any commercial driver license suspension and revocation
under subsection (C), the Department shall simultaneously mail two notices
within 15 days after a medical examiner's certificate's due date or actual
submission date to the licensee's address of record that:
1. Suspends the licensee's commercial driver
license beginning on the notice's date; and
2. Revokes the licensee's commercial driver
license 15 days after the date of the suspension notice issued under subsection
(B)(1).
C. Noncompliance
actions.
1. Initial application denial. If an
applicant's initial medical examiner's certificate required under subsection
(A)(1) shows that the applicant does not comply with the commercial driver
license physical qualifications, the Department shall immediately mail the
commercial driver license denial notification to the applicant's address of
record.
2. Medical examiner's
certificate renewal suspension and revocation. If a renewing commercial driver
licensee submits:
a. No medical examiner's
certificate required under subsection (A)(1) or a form indicating noncompliance
with commercial driver license physical qualifications, the Department shall
follow the suspension and revocation notification procedure prescribed under
subsection (B).
b. An incomplete
medical examiner's certificate required under subsection (A)(1), the Department
shall immediately return the incomplete form with a letter requesting that the
licensee provide missing information to the Department within 45 days after the
date of the Department's letter. The Department shall follow the suspension and
revocation notification procedure prescribed under subsection (B) if the
licensee fails to return the requested information in the time-frame prescribed
in this subsection.
D. A commercial driver license that remains
revoked for longer than 12 months expires. The holder of an expired commercial
driver license may obtain a new commercial driver license by successfully
completing all commercial driver license original-application written, vision,
and skills testing and by submitting the medical examiner's certificate
prescribed under subsection (A)(1).
E. Administrative hearing. A person who is
denied a commercial driver license or whose commercial driver license is
suspended or revoked under this Section may request a hearing from the
Department as prescribed under 17 A.A.C. 1, Article 5. The hearing is held in
accordance with the procedures prescribed under A.R.S. Title 41, Chapter 6,
Article 6 and 17 A.A.C. 1, Article 5.
