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New York State Department of Motor Vehicles

“CDL Update”

64th Annual School for Highway SuperintendentsJune 3, 2009

Presented by:Peter DePuccio & Dave Malsan

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Medical Certification Requirements as Part of the

CDL

Final Rule

49 CFR Parts 383, 384, 390 & 391

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Rules and Requirements

Final Rule published – December 1, 2008Final Rule effective – January 30, 2009State Compliance – January 30, 2012Section 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.”

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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

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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

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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

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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

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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

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Benefits

1st step in phased in implementation of improved medical fitness programLink to other medical initiativesRequire drivers to update medical certifications Provide roadside access to medical certification status

Revised 030309 11

Questions?

04/02/09 12

How Alcohol and Drug Convictions Affect your Drivers License

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• Issuance of License Sanctions

1st Offense Driving While Ability Impaired = 90 day full license suspension

1st Offense Driving While Intoxicated = 6 month full license revocation

1st 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

1st Offense Chemical Test Refusal = 1 year full license revocation *CMV or CDL holder = 18 months

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Issuance of License Sanctions

2nd Offense – Any alcohol/drug violation in CMV or by CDL holder = permanent CDL revocation

2nd 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

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• Determination of Eligibility for Conditional Use “Work” License (CUL)

1st 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

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• 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

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• Restoration of License/Driving Privileges

1st 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

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• Restoration of License/Driving Privileges

2nd 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

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• 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: 474-0774Hours:Monday –

Friday

8:30am –

12:00pm

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CDL and Related Issues

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Fire Fighter CDL Exemption

Effective April 1st 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

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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

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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.

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HazMat 2010 Deadline

What we’ve done:Warning lettersAssociation Contacts & Member Newsletters Truck Safety Conference PresentationLicense Monitor, Inc. Newsletter

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Questions May Be Directed to:

NYS Department of Motor VehiclesHazardous Materials Certification Unit

(518) 408-2997hazmatunit@dmv.state.ny.us

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A3 CDL RestrictionChanges began February 1, 2006No 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))

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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!

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LENS CONTACTS:

(518) 486-4480

EMAIL:

LENS@dmv.state.ny.us

LENS HELP LINE:

For LENS only, no other inquiries to this email address will be answered

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Government and Industry partnerships Achieving Safety, Compliance and

SecurityAsk to be added to the mailing list !

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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/