(n) Computer system controls. The State must establish computer system controls that will: (1) Prevent the issuance of an initial, renewed, upgraded, or transferred CLP or CDL when the results of transactions indicate the applicant is unqualified. These controls, at a minimum, must be established for the following transactions: State, CDLIS, and PDPS driver record checks; Social Security Number verification; and knowledge and skills test scores verification. (2) Suspend the issuance process whenever State, CDLIS, and/or PDPS driver record checks return suspect results. The State must demonstrate that it has a system to detect and prevent fraud when a driver record check returns suspect results. At a minimum, the system must ensure that: (i) The results are not connected to a violation of any State or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); (ii) The name of the persons performing the record check and authorizing the issuance, and the justification for the authorization are documented by the State; and (iii) The person performing the record check and the person authorizing the issuance are not the same. (o) Medical recordkeeping. (1) Status of CDL holder. Beginning January 30, 2012, for each operator of a commercial motor vehicle required to have a CLP or CDL, the current licensing State must: (i) Post the driver's self-certification of type of driving under §383.71(b)(1)(ii), (ii) Retain the original or a copy of the medical certificate of any driver required to provide documentation of physical qualification for 3 years beyond the date the certificate was issued, and (iii) Post the information from the medical examiner's certificate within 10 calendar days to the CDLIS driver record, including: (A) Medical examiner's name; (B) Medical examiner's telephone number; (C) Date of medical examiner's certificate issuance; (D) Medical examiner's license number and the State that issued it; (E) Medical examiner's National Registry identification number (if the National Registry of Medical Examiners, mandated by 49 U.S.C. 31149(d), requires one); (F) The indicator of medical certification status, i.e., “certified” or “not-certified”; (G) Expiration date of the medical examiner's certificate; (H) Existence of any medical variance on the medical certificate, such as an exemption, Skill Performance Evaluation (SPE) certification, or grandfather provisions; (I) Any restrictions (e.g., corrective lenses, hearing aid, required to have possession of an exemption letter or SPE certificate while on-duty, etc.); and (J) Date the medical examiner's certificate information was posted to the CDLIS driver record.
(2) Status update. Beginning January 30, 2012, the State must, within 10 calendar days of the driver's medical certification status expiring or a medical variance expiring or being rescinded, update the medical certification status of that driver as “not-certified.”
(3) Variance update. Beginning January 30, 2012, within 10 calendar days of receiving information from FMCSA regarding issuance or renewal of a medical variance for a driver, the State must update the CDLIS driver record to include the medical variance information provided by FMCSA.
(4) Downgrade. (i) Beginning January 30, 2012, if a driver's medical certification or medical variance expires, or FMCSA notifies the State that a medical variance was removed or rescinded, the State must:
(A) Notify the CLP or CDL holder of his/her CLP or CDL “not-certified” medical certification status and that the CMV privileges will be removed from the CLP or CDL unless the driver submits a current medical certificate and/or medical variance, or changes his/her self-certification to driving only in excepted or intrastate commerce (if permitted by the State);
(B) Initiate established State procedures for downgrading the CLP or CDL. The CLP or CDL downgrade must be completed and recorded within 60 days of the driver's medical certification status becoming “not-certified” to operate a CMV.
(ii) Beginning January 30, 2014, if a driver fails to provide the State with the certification contained in §383.71(b)(1)(ii), or a current medical examiner's certificate if the driver self-certifies according to §383.71(b)(1)(ii)(A) that he/she is operating in non-excepted interstate commerce as required by §383.71(h), the State must mark that CDLIS driver record as “not-certified” and initiate a CLP or CDL downgrade following State procedures in accordance with paragraph (o)(4)(i)(B) of this section.
(5) FMCSA Medical Programs is designated as the keeper of the list of State contacts for receiving medical variance information from FMCSA. Beginning January 30, 2012, States are responsible for insuring their medical variance contact information is always up-to-date with FMCSA's Medical Programs. [76 FR 26883, May 9, 2011]
http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=383.73#Tag15
Once you medical certificate expires so does your CDL rights to drive a truck. If you dont have a current up to date DOT physical at the time you have to get your CDL license renewed your SOL and will only be licensed to drive a car!!!
Need more proof?
http://www.fmcsa.dot.gov/rules-regu...mcsr/fmcsrruletext.aspx?reg=383.73&guidence=Y
Question 9: When a State chooses to meet the certification requirements of
§383.73 (a)(1),
(b)(1),
(c)(1) and
(d)(1) by demanding, as part of its licensing process, that a commercial driver maintain with the Department of Motor Vehicles (DMV) currently valid evidence of compliance with the physical qualification standards of
part 391, subpart E, may the State suspend, cancel or revoke the driver’s CDL if he/she does not maintain such evidence with the DMV?
Guidance: Yes.
§383.73 requires a State to obtain from a driver applicant a certification that he/she meets the qualification standards of
part 391, including
subpart E (Physical Qualifications and Examinations).A requirement that a driver maintain currently valid evidence of compliance with
subpart E does not conflict with
part 383, since the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) made it clear that the DOT was to issue ‘‘regulations to establish minimum Federal standards * * *’’ (49 U.S.C. 31305(a)). A State may therefore demand more information or tests than the Federal CDL regulations require. If a driver fails to comply with State requirements which are not inconsistent with
part 383, the State may suspend, cancel or revoke the driver’s CDL. This action is not a disqualification for purposes of
§383.51, but a withdrawal of the commercial driving privilege.
Question 10: What action should enforcement officers take when a commercial driver's CDL has been declared invalid by the issuing State because of a
lapse in the driver’s medical certificate?
Guidance: Whatever the reason for the State’s decision, a driver with an invalid CDL may not lawfully drive a Commercial Motor Vehicle (CMV).