761—607.50 (321) Self-certification of type of driving and submission of medical examiner’s certificate.
	 607.50(1) Applicants for new, transferred, renewed or upgraded CDL.
	  a.   	 A person shall provide to the department a self-certification of type of driving if the person is applying for:
	 (1) 	 An initial commercial driver’s license,
	 (2) 	 A transfer of a commercial driver’s license from a prior state of domicile to the state of Iowa,
	 (3) 	 Renewal of a commercial driver’s license, or
	 (4) 	 A license upgrade for a commercial driver’s license or an endorsement authorizing the operation of a commercial motor vehicle not covered by the current commercial driver’s license.
	  b.   	 The self-certification shall be on a form or in a format, which may be electronic, as provided by the department.
	 607.50(2) Enrollment of existing CDL holders. Every person who holds a commercial driver’s license on or after January 30, 2012, and up to January 30, 2014, and who has not otherwise made a self-certification of type of driving under subrule 607.50(1) shall make to the department a self-certification of type of driving. The self-certification may be made on or after January 30, 2012, but must be made no later than January 29, 2014.
	 607.50(3) Submission of medical examiner’s certificate by persons certifying to non-excepted interstate driving. Every person who self-certifies to non-excepted interstate driving must give the department a copy of the person’s current medical examiner’s certificate. A person who fails to provide a required medical examiner’s certificate shall not be allowed to proceed with an initial issuance, transfer, renewal, or upgrade of a license until the person gives the department a medical examiner’s certificate that complies with the requirements of this subrule, or changes the person’s self-certification of type of driving to a type other than non-excepted interstate driving. For persons submitting a current medical examiner’s certificate, the department shall post a medical certification status of “certified” on the person’s CDLIS driver’s record. A person who self-certifies to a type of driving other than non-excepted interstate shall have no medical certification status on the CDLIS driver’s record.
	 607.50(4) Maintaining certified status. To maintain a medical certification status of “certified,” a person who self-certifies to non-excepted interstate driving must give the department a copy of each subsequently issued medical examiner’s certificate valid for the person. The copy must be given to the department at least ten days before the previous medical examiner’s certificate expires.
	 607.50(5) CDL downgrade. If the medical examiner’s certificate or medical variance for a person self-certifying to non-excepted interstate driving expires or if the Federal Motor Carrier Safety Administration notifies the department that the person’s medical variance was removed or rescinded, the department shall post a medical certification status of “not certified” to the person’s CDLIS driver’s record and shall initiate a downgrade of the person’s commercial driver’s license. The medical examiner’s certificate of a person who fails to maintain a medical certification status of “certified” as required by subrule 607.50(4) shall be deemed to be expired on the date of expiration of the last medical examiner’s certificate filed for the person as shown by the person’s CDLIS driver’s record. The downgrade will be initiated and completed as follows:
	  a.   	 The department shall give the person written notice that the person’s medical certification status is “not certified” and that the commercial driver’s license privilege will be removed from the person’s driver’s license 60 days after the date the medical examiner’s certificate or medical variance expired or the medical variance was removed or rescinded unless the person submits to the department a current medical certificate or medical variance or self-certifies to a type of driving other than non-excepted interstate.
	  b.   	 If the person submits a current medical examiner’s certificate or medical variance before the end of the 60-day period, the department shall post a medical certification status of “certified” on the person’s CDLIS driver’s record and shall terminate the downgrade of the person’s commercial driver’s license.
	  c.   	 If the person self-certifies to a type of driving other than non-excepted interstate before the end of the 60-day period, the department shall not remove the commercial driver’s license privilege from the person’s driver’s license, and the person will have no medical certification status on the person’s CDLIS driver’s record.
	  d.   	 If the person fails to take the action in either paragraph 607.50(5)“b” or “c” before the end of the 60-day period, the department shall remove the commercial driver’s license privilege from the person’s driver’s license and shall leave the person’s medical certification status as “not certified” on the person’s CDLIS driver’s record.
	 607.50(6) CDL downgrade of existing CDL holders who fail to enroll before January 30, 2014. Every person subject to subrule 607.50(2) who fails to make a self-certification of type of driving or fails to give the department a copy of the person’s medical examiner’s certificate as required by subrule 607.50(3) before January 30, 2014, shall be subject to a CDL downgrade. The department shall post a medical certification status of “not certified” to the CDLIS driver’s record and shall initiate a downgrade of the driver’s commercial driver’s license following the procedure set forth in subrule 607.50(5). In such cases, the 60-day period shall begin January 30, 2014, and the person shall be required to make an initial self-certification of type of driving to terminate the CDL downgrade and to avoid removal of the commercial driver’s license privilege. The person’s status and privilege under subrule 607.50(5) shall be determined according to the certification made or not made.
	 607.50(7) Establishment or reestablishment of “certified” status.  A person who has no medical certification status or whose medical certification status has been posted as “not certified” on the person’s CDLIS driver’s record may establish or reestablish the status as “certified” by submitting a current medical examiner’s certificate or medical variance to the department. A person who has failed to self-certify to a type of driving or has self-certified to a type of driving other than non-excepted interstate must also make a self-certification of type of driving to non-excepted interstate driving. The department shall then post a medical certification status of “certified” on the person’s CDLIS driver’s record.
	 607.50(8) Reestablishment of the CDL privilege. A person whose commercial driver’s license privilege has been removed from the person’s driver’s license under the provisions of paragraph 607.50(5)“d” may reestablish the commercial driver’s license privilege to the person’s driver’s license by either of the following methods:
	  a.   	 Submitting a current medical examiner’s certificate or medical variance to the department. A person who has failed to self-certify to a type of driving must also make an initial self-certification of type of driving to non-excepted interstate driving. The department shall then post a medical certification status of “certified” on the person’s CDLIS driver’s record and reestablish the commercial driver’s license privilege to the person’s driver’s license, provided that the person otherwise remains eligible for a commercial driver’s license.
	  b.   	 Self-certifying to a type of driving other than non-excepted interstate. The department shall then reestablish the commercial driver’s license privilege to the person’s driver’s license, provided that the person otherwise remains eligible for a commercial driver’s license; the person will have no medical certification status on the driver’s CDLIS driver’s record.
	 607.50(9) Change of type of driving. A person may change the person’s self-certification of type of driving at any time. As required by subrule 607.50(3), a person certifying to non-excepted interstate driving must give the department a copy of the person’s current medical examiner’s certificate prepared by a medical examiner.
	 607.50(10) Record keeping. The department shall comply with the medical record-keeping requirements set forth in 49 CFR Section 383.73.
This rule is intended to implement Iowa Code section 321.182; section 321.188 as amended by 2011 Iowa Acts, Senate File 205, sections 13 and 14; and 2011 Iowa Acts, Senate File 205, section 17.
[ARC 9954B, IAB 1/11/12, effective 1/30/12]