Monday, January 14, 2008

Who was grandfathered and what are the bennefits?

Effective July 29, 1996: Drivers of commercial motor vehicles (CMV) operating in intrastate commerce must meet the federal medical standards and present a valid federal medical card when they apply for a commercial driver's license (CDL) unless they have been grandfathered or are excempt by federal or state law. A copy of the federal medical standards is available at DMV Customer Service Centers.

Exception-Grandfathering: Drivers who were issued a Wisconsin CDL or CDL instruction permit prior to July 29, 1996 need to meet only Wisconsin medical requirements for intrastate (within Wisconsin only) operation. CDL license will be restricted to "No CMV operation in Interstate Commerce". However, drivers whose CDLs are revoked on or after July 29, 1996 will lose their Grandfathered status. If they don't meet the state medical standards, drivers are allowed an appeal to the Medical Review Board.

School bus drivers employed by school districts and driving a school bus owned by the district are excempt from the federal standards. They may cross state lines to transport (carry) students between home and school or when driving to curricular or extracurricular activities and charter trips.

School bus drivers employed by a commercial contractor and driving a school bus owned by the contractor are excempt from the Federal standards while operating within Wisconsin. They may also cross state lines to transport students between home and school. Operation across state lines for curricular, or extra curricular activities and charter trips would require the driver to have a valid federal medical card.

Drivers who do not have a federal medical card and are not grandfathered may be issued a regular CDL or CDL instruction permit with the following two restrictions:

* No CMV operation in interstate commerce.
* No CMV operation in intrastate commerce unless excempted by federal or state law.

Holders of a regular CDL or CDL instruction permit with these two restrictions are limited to the following CMV operation:

- Operate a motor truck or motor bus for political subdivision prvided they are an employee of the political subdivision and the CDL has the proper class and endorsement for the CMV being operated.

- Operate a school bus if they meet the state medical standards for a schoolbus endorsement and the CDL has the proper class and endorsement for the CMV being operated.

Note: Drivers who have a CDL instruction permit with both restrictions may not practice operating a truck with a commercial driving school. However, if they are taking a commercial driving class to operate a CMV through a Wisconsin Technical College, they may practice operating with the technical school because it's a political subdivision.

For drivers needing a P endorsement, such as those driving busses owned by a municipality (which is exempt), having both restrictions is fine. For others, such as those driving busses for private human service agency (which is not excempt), the "No CMV operation in Intrastate Commerce" and "No CMV operation in Interstate Commerce" restrictions will not be acceptable and they will need to present the federal medical card, unless grandfathered, to avoid these restriction. Drivers must know the type of operation in which they will be involved to determine whether or not they need a federal medical card.

If you do not meet the federal visual acuity standard of 20/40 in both eyes but have a federal medical card, you will be referred to a vision or other appropriate medical specialist. If you are issued a permit or license, you will have tthe "No CMV operation in Interstate Commerce" restriction. If you are not grandfathered, you will also have the "No CMV operation in intrastate Commerce" restriction.

If you are 18, 19 or 20 years of age and have not been grandfathered or are not excempt by federal or state law, you will need a federal medical card if you wish to operate a CMV in intrastate commerce. If you have a federal medical card, your CDL will be issued with the "No CMV Operation in Interstate Commerce" restriction because federal law does not permit a person under age 21 to operate a CMV in interstate commerce.

You can appeal to the Medical Review Board for intrastate driving if you have beeen grandfathered. If you are a new driver who plans to drive for the exempt groups (political subdivision or school district) you also can appeal to the board. However, the board cannot make any exceptions to the federal standards; therefore, anyone who needs a federal medical card cannot appeal to the board.

Safety First!

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