Posted by JD Seller on September 22, 2013 at 07:16:26 from (208.126.196.144):
Billy's earlier post on this issue brought out many different views on how this actually is going to be applied to different classes of CDL drivers.
Here is some of the actual facts:
1) If you are a farmer transporting your own crop, meaning not for hire, if you stay within 150 miles of home, even if you cross state lines you can still be an interstate exempt driver.
2) If you are " Occasionally transporting personal property per 49 CFR part 390.3(f )" you are exempt even if going in multiple states.
3) There is NO "Grandfather" exemption if you have your license so long. It makes no difference if you have had it a week or 30 years. The physical card and reporting requirements are the same. The self certifying is required for All CDL holders
There are too many different combinations to what kind of CDL you have, or need, to go into here. I have attached a link to a good handout Iowa put out on the new law. If you go down the card it is fairly easy to see where your CDL falls in the need to have a physical on file.
The one thing is clear. ANY CDL holder has to certify his driving class before Jan. 30, 2014 if you do not your license will be down graded to non-commercial license. This is automatic. Your plastic license in your pocket means NOTHING!! It is what is on file at the state.
Also if you are required to have a physical on file it is what is at the state that counts. So if your DOT physical expires on a certain date you have to have your new physical done and on file with your state DOT BEFORE your old physical card expires. This can take a few days to a week. So do not wait until the last minute to get it done.
Here are some of my thoughts on this issue:
1) If we are going to have DOT physicals required then there does need to be a way to verify they are real not falsified. The old system had no way in it for anyone to check to see if your DOT card you carried was valid or not. Other than calling the Doctor listed on it to check if you had the physical actually done and the person checking had to have your card in hand to get that information.
2) I personally know of several drivers that faked their CDL physical Card because they can't pass the physical. One of them is in terrible health. I have told the DOT officer on the area about the guy. The officer told me he could not do anything until he caught the fellow on the road.
3) The fact that in my little world I would know of faked DOT physicals means that it is a much bigger issue nation wide.
4) For anyone that can pass the physical why not just get one and have it on file??? Mine was just done in July. Cost me $75 for two years. I do not have to worry about being exempt or not. I can legally drive wherever I want legally.
5) IF you cant pass the physical I am not sure I want to meet you driving on the road anyway. The guys I know that faked theirs scared the heck out of me.
6) Truthfully I would not mind seeing physicals and skill tests for all licenses. I see drivers everyday that should not be driving anything, even a car. I could see once every five years for all ages and then after a certain age every two years. An example of this being needed is my Father. He sometimes has double vision. He refuses to quit driving. He is a hazard. There is not a thing we can do about him. He has good days and bad days. He just goes an gets his license on a "good" day but he drives every day good or bad. The skills test would stop him from driving. He could not pass it.
7) (LAST ONE LOL) Many of the DMV clerks are confused on this law too. I would not bank on what they tell me about being exempt. You are the one that will be in the hot seat if they tell you wrong. An example of this is Dave in NY. He was told he did not need to certify since he has had his licence since before 1999. I think this is not true. He may still be exempt from the physical for some other reason but I think he needs to self certify before Jan 30, 2014 or his CDL is no longer valid. He needs to double check on this. I would hate for him to have troubles because a clerk does not understand the Federal law. This is Federally driven. So the requirements are the same nation wide.
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