2012 Revised Code of Washington
Title 46 - MOTOR VEHICLES
46.25 Uniform Commercial Driver's License Act.
46.25.075 Certification -- Recordkeeping and administration -- Downgrade.

RCW 46.25.075 Certification — Recordkeeping and administration — Downgrade.

     *** CHANGE IN 2013 *** (SEE 1752-S.SL) ***

(1)(a) Any person applying for a CDL must certify that he or she is or expects to be engaged in one of the following types of driving:

     (i) Nonexcepted interstate;

     (ii) Excepted interstate;

     (iii) Nonexcepted intrastate; or

     (iv) Excepted intrastate.

     (b) From January 30, 2012, to January 30, 2014, the department may require that any person holding a CDL prior to January 30, 2012, must provide the department with the certification required under (a) of this subsection. The CDL of a person failing to submit the required certification is subject to downgrade under subsection (4) of this section.

     (2) A CDL applicant or holder who certifies under subsection (1)(a)(i) of this section that he or she is or expects to be engaged in nonexcepted interstate commerce must provide a copy of a medical examiner's certificate prepared by a medical examiner, as defined in 49 C.F.R. Sec. 390.5 as it existed on January 30, 2012, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. Upon submission, a copy of the medical examiner's certificate must be date-stamped by the department. A CDL holder who certifies under subsection (1)(a)(i) of this section must submit a copy of each subsequently issued medical examiner's certificate.

     (3) For each operator of a commercial motor vehicle required to have a commercial driver's license, the department must meet the following requirements:

     (a)(i) The driver's self-certification of type of driving under subsection (1) of this section must be maintained on the driver's record and the CDLIS driver record;

     (ii) The copy of a medical examiner's certificate, when submitted under subsection (2) of this section, must by [be] retained for three years beyond the date the certificate was issued; and

     (iii) When a medical examiner's certificate is submitted under subsection (2) of this section, the information required under 49 C.F.R. Sec. 383.73(j)(1)(iii) as it existed on January 30, 2012, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section must be posted to the CDLIS driver record within ten calendar days from the date submitted. The indicator of medical certification status, such as "certified" or "not-certified," must be maintained on the driver's record.

     (b) Within ten calendar days of the driver's medical certification status expiring or a medical variance expiring or being rescinded, the medical certification status of the driver must be updated to "not-certified."

     (c) Within ten calendar days of receiving information from the federal motor carrier safety administration regarding issuance or renewal of a medical variance for a driver, the department must update the CDLIS driver record to include the medical variance information.

     (4)(a) If a driver's medical certification or medical variance expires, or the federal motor carrier safety administration notifies the department that a medical variance was removed or rescinded, the department must:

     (i) Notify the driver of his or her "not-certified" medical certification status and that the CDL privilege will be removed from the driver's license unless the driver submits a current medical certificate or medical variance, or changes his or her self-certification to driving only in excepted or intrastate commerce; and

     (ii) Initiate procedures for downgrading the license. The CDL downgrade must be completed and recorded within sixty days of the driver's medical certification status becoming "not-certified" to operate a commercial motor vehicle.

     (b) Beginning January 30, 2014, if a driver fails to provide the department with the certification required in subsection (1) of this section, or a current medical examiner's certificate if the driver self-certifies under subsection (1)(a)(i) of this section that he or she is operating in nonexcepted interstate commerce as required in subsection (2) of this section, the department must mark the CDLIS driver record as "not-certified" and initiate a CDL downgrade in accordance with (a)(ii) of this subsection.

     (c) A driver whose CDL has been downgraded under this subsection may restore the CDL privilege by providing the necessary certifications or medical variance information to the department.

[2011 c 227 § 3.]

Notes:

Effective date -- 2011 c 227 §§ 1-3: "Sections 1 through 3 of this act take effect January 30, 2012." [2011 c 227 § 7.]