Posted: January 3, 2012
Source: State of Washington Department of Licensing
Beginning January 30, 2012, all CDL holders will be required to self certify the type of commerce they currently or intend to engage in as a commercial driver. This process, which requires the submission of a CDL Self Certification form to the Department of Licensing, must be completed by January 30, 2014. The purpose of this form is to determine if you are required to keep a current medical examiner's certificate on file with the Department of Licensing.
Self certifications for current CDL holders must take place between January 30, 2012 and January 30,2014. The Department of Licensing can't accept self certification forms or medical certificates before January 30, 2012.
If your driver license expires before January 30, 2014, you can complete this certification when you come to a driver licensing office to renew, replace, or update your commercial driver license. Please review all information to learn more about your options and be prepared to submit your current medical examiner's certificate if required. CDL holders with licenses that expire after January 30, 2014 will receive a letter instructing them when to visit a driver licensing office and complete the self certification process. New CDL drivers will self certify as part of the CDL application process.
What do you have to do?
- Visit a driver licensing office. (On or after January 30, 2012)
- Self certify for the type of commerce in which you currently or intend to operate (see information to right). If you select non-excepted interstate, you must submit a current medical examiner's certificate and any waivers if applicable.
Your CDL will not be valid for operating a commercial motor vehicle. Your license must be returned to:
CDL
Department of Licensing
PO Box 9020
Olympia, WA 98507-9020
What are the new medical examiner's certificate procedure and CDL driver self certification process?
New regulations require all commercial driver license (CDL) holders who operate a commercial vehicle
for interstate commerce to keep a copy of their current medical examiner's certificate on file with the
Department of Licensing (DOL) starting January 30, 2012. CDL holders who do not drive a commercial
vehicle in interstate commerce, also known as intrastate drivers, still have to comply with all state and
federal medical examiner's certificate requirements, but do not have to keep a copy of the certificate on
file with the Department.
To determine who is responsible for keeping a current medical certificate on file with DOL, all CDL
holders are required to declare their status as interstate or intrastate operators by Submitting a CDL Self
Certification form to DOL through a procedure called "self certification." All CDL holders must self
certify in person by January 30, 2014.
During this process, a commercial driver will report to DOL if they operate a commercial vehicle that
is connected in any way to interstate commerce. The key point to keep in mind is that even commercial
drivers who only drive within Washington State may be engaged in interstate commerce that would
require them to certify themselves as an interstate driver.
When self certifying, CDL holders will have to choose from four categories of commercial motor vehicle
operation. Only those certifying as a non-excepted interstate driver will be required to have a medical
certificate on file with DOL. Interstate commercial drivers also are still required by state law to carry a
valid medical certification with them when operating a commercial vehicle.
- A non-excepted interstate driver (submit medical certificate to DOL):
- Crosses state lines while operating a commercial vehicle
- Transports cargo that originates outside Washington State or has a final destination outside Washington State
- Delivers cargo to Washington State ports
- Examples include:
- School bus drivers to carry passengers across state lines to events
- Truck drivers who deliver goods across state lines
- Drivers who deliver goods, including logs, to ports in Washington
- An excepted interstate driver (don't submit medical certificate to DOL):
- School bus drivers who cross state lines while transporting students to and from school
- Drivers occasionally transporting personal property not for compensation
- Drivers of government vehicles and emergency response vehicles, or the transport of sick or injured persons or human corpses
- Drivers transporting emergency deliveries of propane or home heating oil
- Drivers for transit organizations that are owned and operated by a state or a political subdivision of the state (government employee)
- Does not cross state lines while operating a commercial vehicle
- The origin and final destination of the driver's cargo are always within Washington State.
- Examples include:
- School bus drivers who only transport passengers within Washington
- Truck drivers who deliver goods that originate in Washington to Washington addresses
- School bus drivers who only transport passengers within Washington
Yes. Commercial drivers who self certify as interstate drivers have to keep a current copy of their medical certificate on file with DOL.
The safest course of action is to certify as a non-excepted interstate driver and submit a medical certificate to DOL as required. This will provide the greatest level of flexibility and ensure you are always ready to accept jobs that require driving across state lines.
If a CDL holder fails to self certify, their CDL status will be changed to "not certified." A driver with this status cannot legally operate a commercial vehicle. A CDL holder can have their status returned to normal by submitting the required self-certification form and, if required, a copy of their medical certificate.
If you want to retain your CDL, you must self certify. If you do not plan to operate a commercial vehicle and you do not have, or plan to get, a current medical certificate, self certifying as an intrastate driver may be a good option. However, you have to remember to make sure you are complying with all applicable medical certificate requirements if you do decide to operate a commercial vehicle, and you have to change this self certification and submit a current medical certificate if you want to return to operating a commercial vehicle in interstate commerce.
It's both. These new licensing standards were created by the Federal Motor Carrier Safety Administration (CFR 383.71 and 383.73) and apply to CDL holders nationwide. All states are required to adopt these new standards. The Washington State Legislature adopted these standards as state law in 2011 (as amended by HB12290f2011).
Revised Hours of Service Final Rules
Posted: January 30, 2012
Source: IBT, Safety and Health Department
Please be advised that the Federal Motor Carrier Safety Administration (FMCSA) released a revised Hours of Service Final Rule that will go into effect on February 27th, 2012. Provided to the right is a pdf document download link with a brief summary of the new regulatory requirements and the dates in which drivers and motor carriers must comply with the certain provisions of the revised rule. Note that the compliance date for certain provisions of the rule is provided. In addition, a fact sheet accompanies this memorandum, to provide you with additional information.
The new rule contains the following revisions:
34 Hour Restart Provision
Effective July 1st, 2013, the revised 34-hour restart provision will limit the use of restart to once every 7 days (168 hours) and require that each 34-hour rest period include two off-duty periods between 1 AM and 5 AM.
Mandatory Break Rest Break Provision
Effective July 1st, 2013, the new rule will prohibit drivers from operating a commercial motor vehicle if more than 8 hours have passed since the driver's last off-duty period of at least 30 minutes. Essentially this means that drivers are required to take a break of at least 30-minues within the first 8 hours of having reported for duty. If the driver does not take as described above, he/she will not be permitted to drive a commercial motor vehicle until such break is taken.
On-Duty Time
The new rule establishes a revision to the definition of On-Duty Time. According to the new definition, "On-Duty Time" WILL NOT include time:
- Spent resting in or on a parked vehicle
- Time spent resting in a sleeper berth, or
- Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth.
Hopefully this information is helpful to you. If you have any questions, please contact the Safety and Health Department at (202) 624-6960.
Final Hours Rule for Truckers
Posted: January 21, 2012
Source: Journal of Commerce
Daily work limits 11 hours driving, 14 hours on-duty.
Starting Feb. 27, 2012:
- On-duty time will not include time resting in a parked commercial motor vehicle, or two hours in passenger seat before or after eight hours in sleeper berth.
- Maximum penalties ($11,000 per offense for carriers, $2,750 per offense for drivers) imposed for driving three or more hours beyond 11-hour limit.
- Oil field exemption allows certain drivers at oil fields to record waiting time as off-duty in paper or electronic logbooks.
- Rest breaks May drive only if eight hours or less have passed since end of driver's last off-duty period of at least 30 minutes. Enforced July 1, 2013.
- "34-hour restarts" Must include two periods between 1 a.m.-5 a.m.; may only be used once per week. Enforced July 1, 2013.
Posted: January 30, 2012
Source: IBT Legislative Update
On November 23Td , 2011 the Federal Motor Carrier Safety Administration (FMCSA) and Pipeline Hazardous Materials Safety Administration (PHMSA) issued a final rule amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMRs). This nile was issued to improve safety by reducing the frequency of distracted driving related crashes, fatalities, and injuries involving drivers of commercial motor vehicles (CMVs). The Agencies also amended their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with the Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use mobile, hand-held telephones while operating CMVs. The Final Rule becomes effective January 3rd, 2012.
OVERVIEW OF NEW REGULATION
This rulemaking restricts a CMV driver from holding a mobile telephone to conduct a voice communication, dialing a mobile telephone by pressing more than a single button, or reaching for a mobile phone in an unacceptable and unsafe manner (e.g. reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth). A driver of a CMV who desires to use a mobile phone while driving will need to use a compliant mobile telephone (such as hands-free) located in close proximity to the driver that can be operated in compliance with this rule. Thus, the ease of "reach" or accessibility of the phone is relevant only when a driver chooses to have access to a mobile telephone while driving. Essentially, the CMV driver must be ready to conduct a voice communication on a compliant mobile telephone, before driving the vehicle.
The new rule adds a driver disqualification provision for: (1) interstate CMV drivers convicted of using a hand-held mobile telephone, and (2) CDL holders convicted of two or more serious traffic violations of State or local laws or ordinances on motor vehicle traffic control, including using a hand-held mobile telephone. The rule also requires interstate motor carriers to ensure compliance by their drivers with the restrictions on use of a hand-held mobile telephone while driving a CMV. Finally, the rule prohibits motor carriers and employers from requiring or allowing a CMV driver to use a hand-held mobile telephone while operating in interstate commerce.
APPLICABILITY
Amendments to §177.804; §39O.3; §392.82
The new rule will apply to operators of all CMV s as defined in 49 CFR Part 390 of the Federal Motor Carrier Safety Regulations., ie., a vehicle that "has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 10,000 pounds or more; is designed or used to transport more than 8 passengers (including the driver) for compensation; or is designed or used to transport more than 15 passengers(including the driver, and is not used to transport passengers for compensation; or is used in transporting material found by the Secretary of Transportation to be hazardous and is transported in a quantity that requires placarding.
DEFINITIONS
Amendments to §383.5; §390.3; §390.5; §392.82
FMCSA adds a new definition for the term "mobile telephone." The Agency adopts a definition of "mobile telephone" based on the FCC regulations. "Mobile telephone" could include, for example, a satellite telephone service or a broadband radio service. FCC classifies these services as "commercial mobile radio services," which are incorporated into the definition of mobile telephone. The FCC definition for mobile telephone does not include two-way or Citizens Band radio services.
FMCSA defines "use a hand-held mobile telephone" to clarity that certain uses of a hand-held mobile telephone are restricted, including holding, dialing, and reaching in a proscribed manner for the mobile telephone to conduct voice communication. That is, if a compliant mobile telephone is close to the driver and operable by the driver while restrained by properly installed and adjusted seat belts, then the driver would not be considered to be reaching. Reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth are not acceptable actions.
FMCSA modified the existing definition of "texting" in 49 CFR 390.5 to reflect the Agency's restriction on a driver's use of a hand-held mobile telephone in this rule. FMCSA eliminated the dialing exception, as it would now be considered texting. Under the provisions implemented in this rule, the driver can press a single button to initiate or terminate a call.
Driving, for the purpose of a disqualification, States must disqualify a CDL driver whenever that driver is convicted of a number of violations (see Disqualitifications Section) while operating in any State where such conduct is restricted or prohibited by a State or local law or ordinance on motor vehicle traffic control. This means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
The Agency modified the definition of "driving" removing the phrase ''with the motor running" and replacing it with "on the highway" to clarify the scope of the restriction. The modified definition now reflects the use of hybrid vehicles on the highways, which can be operated without the motor running.
DISQUALIFICATIONS
Amendments to §383.51, §391.15
The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses.
FMCSA adds a new serious traffic violation that would result in a CDL driver being disqualified. This serious traffic violation is a conviction for violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting hand-held mobile telephone use while driving a CMV. The disqualifications are as follows:
- For a second conviction of any combination of offenses in this Table [Table 2 Section 383.51] in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL must be disqualified from operating a CMV for 60 days.
- For a third or subsequent conviction of any combination of offenses in this Table [Table 2 Section 383.51] in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL must be disqualified from operating a CMV for 120 days.
Amendment to §391.2
There is a limited exception to the hand-held mobile telephone restriction. This exception allows CMV drivers to use their hand-held mobile telephones if necessary to communicate with law enforcement officials or other emergency services.
Please contact the FMCSA for more information.
- Vehicle Maintenance BASIC Factsheet
- Unsafe Driving BASIC Factsheet
- Crash Indicator BASIC Factsheet
- Fatigued Driving (Hours-of-Service) BASIC Factsheet
- Controlled Substances/Alcohol BASIC Factsheet
- Driver Fitness BASIC Factsheet
- Cargo-Related BASIC Factsheet
- Hours of Service
- Hazardous Materials
- Commercial Driver's License Program
