(a) CDL medical self-certification requirements.

(1) Beginning January 30, 2012, any person applying for an initial CLP/CDL must self-certify to the Division that he or she is operating commercial motor vehicles in a nonexcepted interstate commerce, excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce status.

(2) Existing CDL holders must self-certify to the Division on or after January 30, 2012, but not later than January 30, 2014, that he or she operates commercial motor vehicles in a nonexcepted interstate commerce, excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce status.

(3) It is the responsibility of the CDL/CLP holder to immediately notify the Division if/when his or her medical certification status changes.

Terms Used In Delaware Code Title 21 Sec. 2626

(b) Medical certification documentation requirements for nonexcepted interstate commerce drivers after January 30, 2012.

(1) Any person applying for an initial CLP/CDL who certifies that he or she will operate CMVs in nonexcepted, interstate commerce must provide the Division with the current, original medical examiner’s certificate prepared by a medical examiner who, on and after May 21, 2014, is currently certified by FMCSA and is listed on the National Registry of Certified Medical Examiners confirming the applicant meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(2) On or after January 30, 2012, but not later than January 30, 2014, existing CDL holders must provide the Division with the current original or copy of the medical examiner’s certificate prepared by a medical examiner who, on and after May 21, 2014, is currently certified by FMCSA and is listed on the National Registry of Certified Medical Examiners confirming the CDL holder meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(3) In order to maintain a medical certification status of certified, the CDL/CLP holder who certifies that he or she will operate CMVs in nonexcepted interstate commerce must provide the Division with a current original or copy of each subsequent medical examiner’s certificate prepared by a medical examiner confirming the CDL/CLP holder meets the minimum physical qualifications for CMV operators in accordance with federal regulations.

(c) CDL/CLP issuance procedures for drivers who after January 30, 2012, self-certify as operating in nonexcepted interstate commerce.

(1) The Division must verify the driver has self-certified as a nonexcepted interstate commerce operator.

(2) The Division must verify the driver has a “certified” medical status on the medical examiner’s certificate and on the CDLIS driver record.

(3) In the event that the driver has not self-certified or the medical certification status of the individual is “not-certified,” the applicant will be denied a CDL/CLP issuance, renewal, upgrade or transfer, and the CDL will be downgraded.

(4) Approximately 60 days before a medical examiner’s certificate expires, the Division will attempt to notify the CDL/CLP holder requiring him or her to either submit a current medical certificate or self-certify that he or she now operates a CMV in excepted interstate commerce, nonexcepted intrastate commerce or excepted intrastate commerce. The CDL/CLP will be downgraded no later than 60 days after the CDL/CLP holder’s current medical certification expires or when determined to be “not-certified” if:

a. He or she does not change his or her self-certification to excepted interstate commerce, nonexcepted intrastate commerce, or excepted intrastate commerce;

b. He or she does not present to the Division a current medical certificate;

c. His or her FMCSA medical variance expires; or

d. The FMCSA notifies the Division that his or her medical variance was removed or rescinded.

(5) Upon notification from the FMCSA that a medical variance has been issued to a CDL/CLP driver, the Division shall file, electronically or otherwise, medical variance information, the CDLIS driver record will be updated, and the CDL/CLP document will show a restricted code “V” indicating there is information about a medical variance on the CDLIS driver record. Within 10 calendar days of receiving information from the FMCSA regarding the issuance or renewal of a medical variance for a driver, the Division must update the CDLIS driver record to include the medical variance information provided by the FMCSA.

(d) CDL driver physical qualifications and recordkeeping requirements for nonexcepted interstate commerce drivers.

(1) A CDL/CLP holder who is subject to the physical requirements contained in 49 C.F.R. § 391.41 must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (b)(2) of this section, when on duty, has on his or her person the original or a copy of a current medical examiner’s certificate that he or she is physically qualified to drive a commercial motor vehicle.

(2) Beginning January 30, 2014, a CDL/CLP holder who has submitted a current medical examiner’s certificate to the Division in accordance with 49 C.F.R. § 383.71(h) substantiating he or she is medically “certified,” no longer needs to carry on his or her person the medical examiner’s certificate once the medical certification information is posted on the CDLIS driver record. The Division will post the medical information in CDLIS within 10 days after the driver submits a current medical certificate. If there is no medical certification information on that driver’s CDLIS driver record, a current medical examiner’s certificate issued prior to January 30, 2012, will be accepted until January 30, 2014.

(3) A CDL/CLP driver who obtained a medical variance from the FMCSA must continue to have in his or her possession the original or copy of that medical variance documentation at all times when driving a CMV.

(4) Canadian and Mexican CMV drivers are not required to have in their possession a medical examiner’s certificate if the driver has been issued and possesses a valid commercial driver license issued by the United Mexican States or Canadian Province or Territory and whose license and medical status, including any waiver or exemption, can be electronically verified. Drivers from any of the countries who have received a medical authorization that deviates from the mutually accepted compatible medical standards of the resident country are not qualified to drive a CMV in the other countries. Canadian and Mexican drivers who do not meet the medical fitness provisions of their home country for motor carriers are not qualified to drive a CMV in the United States even if that driver has received a medical variance or waiver. In addition, United States drivers who receive a medical variance from the FMCSA are not qualified to drive a CMV in Canada or Mexico.

(e) CDL/CLP holders self-certifying that they operate or expect to operate CMVs in excepted interstate commerce must:

(1) Meet the minimum physical qualifications for CMV operators as determined in 49 C.F.R. § 390.3(f), § 391.2, § 391.68, or § 398.3; and

(2) Self-certify to the Division that that operate or expect to operate CMVs in excepted interstate commerce upon each renewal of their CDLs.

(f) CDL/CLP holders self-certifying that they operate or expect to operate CMVs in nonexcepted intrastate or excepted intrastate commerce must:

(1) Meet the minimum physical qualifications for CMV operators as determined in § 4704 of this title;

(2) Self-certify to the Division that they operate or expect to operate CMVs in nonexcepted intrastate or excepted intrastate commerce upon each renewal of their CDLs;

(3) Meet the minimum physical qualification requirements for CMV operators as determined in subsections (b) through (d) or subsection (e) of this section before the CDL holders may have the “K” restriction removed from their CDL/CLP.

(g) Release of medical certification information in the CDLIS driver record. — Except where prohibited by § 305 of this title or Division policies, the following authorized agents may receive CDLIS driver record information:

(1) States. — All information on all CDLIS driver records.

(2) Secretary of Transportation. — All information on all CDLIS driver records.

(3) Driver. — All information on that driver’s CDLIS driver record obtained on the CDLIS motor vehicle record.

(4) Motor carrier or prospective motor carrier. — After the employer or prospective employer notifies the driver, all information on that driver’s or prospective driver’s CDLIS driver record obtained on the CDLIS motor vehicle record.

78 Del. Laws, c. 87, § 3; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 214, § 12; 79 Del. Laws, c. 279, §§ 6, 7.;