Current through Register Vol. 48, No. 38, September 20, 2024
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 (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.
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".
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
31st 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.
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.
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 31st 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.
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.
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.
