Current through Register Vol. XLI, No. 19, May 10, 2024
Section 91-4-14 - Commercial Driver's License14.1. An applicant for a commercial driver's license instruction permit shall complete a Commercial Driver's License Application. The applicant shall include a current Federal Motor Carrier Safety Administration Medical Examiners Report (physical long form) and Medical Examiners Certificate (M.E.C. Card) unless he or she is exempt under Title 49 CFR § 390.3 of the Federal Motor Carrier Safety Regulations. The applicant shall satisfactorily complete a knowledge examination for the Commercial Driver's License and each endorsement as prescribed by the Commissioner.14.2. An applicant for a Commercial Driver's License or endorsement shall present a Commercial Driver instruction permit and satisfactorily complete any applicable road skill examination as determined by the Commissioner.14.2.a. A first time applicant for a Class A or Class B Commercial Driver's License must successfully complete an approved Federal Motor Carrier Safety Administration Entry Level Driver Training Course before the skills test examination.14.2.b. A first time applicant for any class Commercial Driver's License with a School Bus or passenger endorsement must successfully complete an approved Federal Motor Carrier Safety Administration Entry Level Driver Training Course before the skills test examination.14.3. In addition to the West Virginia Driver Licensing Handbook, the West Virginia Division of Motor Vehicles Commercial Driver's License Manual is the instruction guide of the Division concerning the examination and qualification of applicants for a Commercial Driver' s License.14.4. A licensee, if required by federal law, shall maintain a current Federal Motor Carrier Safety Administration Medical Examiners Certificate (M.E.C. Card) on file with the Division. In accordance with federal law, any certificate more than two years old is not current. A licensee with a Class D driver's license who operates a commercial vehicle over 10,000 pounds but less than 26,001 pounds is required to comply with requirements related to submitting and maintaining a current Federal Motor Carrier Safety Administration Medical Examiners Certificate.14.5. The Division shall cancel the license of any licensee that does not provide a current Federal Motor Carrier Safety Administration Medical Examiners Certificate (M.E.C. Card) within thirty days from the date the previous Certificate is no longer current.14.6. The following provisions apply to the Intrastate Waiver Program for drivers of commercial vehicles with either a Commercial Driver's License or a Class D Driver's License:14.6.a. Licensees who do not meet the requirements of Title 49 CFR § 391.41(b) and cannot obtain a federal interstate waiver may apply for an intrastate waiver with the Division;14.6.b. A commercially licensed driver with an intrastate waiver shall only operate a commercial vehicle in West Virginia. Individuals with an intrastate waiver shall not drive a commercial vehicle in furtherance of interstate commerce;14.6.c. A licensee with an intrastate waiver is not eligible for passenger and hazardous material endorsements except that an individual who has a passenger or hazardous material endorsement prior to passage of this rule may, in the Commissioner's discretion, maintain the endorsement as long as all other criteria in this rule and federal law and rule are met;14.6.d. A licensee shall complete and submit a Commercial Driver License Application, a Federal Motor Carrier Safety Administration Medical Examiners (DOT) Medical Card, a supplemental Medical History Form and/or a Vision Form, and any other information considered necessary; and14.6.e. An applicant may submit any other information pertaining to the applicant's ability to safely operate a commercial motor vehicle such as letters from a treating physician, a specialist or an employer.14.7. The Commissioner, or his or her designee, shall review the documents provided in subdivision (d) and (e), the driver history record of the applicant, and the following medical guidelines: 14.7.a. Limb Impairment: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of a loss or impairment of a foot, leg, arm, hand or fingers unless the applicant passes a skills test in a commercial vehicle adapted for the specific disability. Any waiver issued shall be vehicle specific;14.7.b. Vision: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of vision problems unless it is found that: 1. The applicant has a distance visual acuity of 20/60 or better with or without corrective lenses in at least one eye;2. The applicant uses only conventional corrective lenses which excludes bioptic lenses;3. The applicant does not exhibit uncorrectable double vision;4. The applicant does not show evidence of disease or rapid deterioration of vision;5. The applicant can readily distinguish which light is illuminated on a traffic signal showing standard red, amber, and green; or6. An ophthalmologist or optometrist reports on the supplemental Vision Form that the applicant can safely operate a motor vehicle with appropriate restrictions.14.7.c. Epilepsy: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of epilepsy or any other condition likely to cause loss of consciousness unless the applicant is seizure free for three years immediately preceding application and free from loss of consciousness, a blackout, fainting or disorientation for one year immediately preceding application. The applicant shall prove reliability in taking prescribed medication by providing blood content level readings;14.7.d. Cardiovascular: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of cardiovascular problems unless there is no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure. The Division shall not grant an intrastate waiver to any applicant who is disqualified from an interstate license because of a blood pressure reading outside of acceptable federal limits;14.7.e. Diabetes: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of diabetes unless a board certified/eligible endocrinologist or primary care physician attests that the applicant: 1. Is free from insulin reactions which means the applicant does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one documented, symptomatic hypoglycemic reaction per month;2. Is able to and has demonstrated willingness to properly monitor and manage his or her diabetes;3. Is not likely to suffer any diminution in driving ability due to his or her diabetic condition; and4. Has not exhibited any instances of diabetic shock or coma in the year immediately preceding the application for an intrastate waiver.14.7.f. Alcohol or Drugs: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license until the applicant has been free from addiction to or abuse of alcohol or other drugs for one year immediately preceding application;14.7.g. Psychiatric Disorders: The Division shall not issue an intrastate waiver to an applicant disqualified from an interstate license because of a mental, nervous, organic, or functional disease or psychiatric disorder if:1. The applicant exhibits homicidal, suicidal, or destructive behavior;2. The applicant has experienced extreme anxiety, depression, paranoia, confusion, delusions or hallucinations in the year immediately preceding application; or3. The applicant has been hospitalized for any condition described in Paragraph (A) or Paragraph (B) in the three years immediately preceding the application.14.7.h. An applicant disqualified from an interstate license for a medical condition not discussed in this subdivision may apply for an intrastate waiver. The Division shall review applications on a case by case basis with due regard for the applicant's ability to safely operate a commercial motor vehicle. The Division shall not issue an intrastate waiver to an applicant who does not meet the federal standards for hearing found in Title 49 CFR § 391.41(11);14.7.i. After reviewing the relevant material, the Commissioner or his or her designee may grant or deny an intrastate waiver or refer the application to the Medical Advisory Board for a recommendation. If an intrastate waiver is granted, the Commissioner or his or her designee may apply restrictions or conditions to the license as determined necessary;14.7.j. If at any time after issuing the license, it is determined the applicant failed to meet a condition or no longer qualifies for an intrastate waiver, then the Commissioner shall cancel the license or modify it with appropriate restrictions, endorsements and/or conditions;14.7.k. If an intrastate waiver is denied or canceled, the applicant may reapply with additional information at any time. An applicant or licensee who is denied an intrastate waiver is not entitled to an administrative hearing; and14.7.l. Intrastate waivers granted by another state are not valid in West Virginia.14.8. A licensee whose commercial driving privileges are disqualified based on a sworn report submitted by a law enforcement officer in accordance with West Virginia Code § 17E-1-15 may request a hearing in accordance with West Virginia Legislative Rules, Division of Motor Vehicles, Administrative Due Process, 91 CSR 1. The docket fee for the hearing is $50.14.9. A third party examiner who has paid either the initial application fee of $100 or the $50 renewal application fee and has contracted with the Division may conduct a road skills examination test. The Division may dismiss a third party examiner who fails to comply with the terms of any contract or agreement with the Division.14.10. Designated employees of the Division shall conduct random checks of third party examinations for compliance with state rules and federal regulations and any written agreement. All third party examiners shall maintain current certification.14.11. The Division shall conduct the hazardous material endorsement examination in the English language only and shall issue the endorsement in accordance with the provisions of Section 1012 of the USA Patriot Act as codified at 49 U.S. C. § 5103 and Federal Rules implementing the provisions of Section 1012. 14.11.a. All applicants for a first time hazardous material endorsement on or after February 7, 2022 must successfully complete an approved Federal Motor Carrier Safety Administration Entry Level Driver Training Course before the endorsement examination.14.11.b. In accordance with the provisions of 49 U.S.C. § 5103 and 49 CFR §Part 1572 (2004), all applicants for either an original or renewal of a hazardous material endorsement shall submit fingerprints in the manner prescribed by the Division and undergo a security threat assessment check by the United States Department of Homeland Security Transportation Security Administration and by the United States Department of Justice, Federal Bureau of Investigation; and14.11.c. Any appeal of a denial of a hazardous material endorsement by the United States Department of Homeland Security, Transportation Security Administration shall be heard by the appropriate federal agency and not by the Division of Motor Vehicles.14.12. The division may, upon appropriate application allow a licensee with a commercial driver's license to temporarily downgrade his or her driver's license status to a Class E passenger vehicle driver's license at the time of renewal if he or she has a temporary disability which prevents the licensee from immediately meeting the Federal Motor Carrier Safety Administration medical criteria. The licensee may restore his or her driver's license to CDL status without retesting if the licensee meets the federal medical criteria within three years of the initial downgrade.14.13. A commercial driver's license whose privilege to operate a commercial motor vehicle has been revoked, suspended or disqualified for more than three years must pass the knowledge and road skills examination prior to reinstatement of his or her CDL driver' s license.14.14 A commercial driver's licensee whose privilege to operate a commercial motor vehicle has been downgraded to a Class E driver's license due to an expired medical examination certificate has three years to acquire a valid medical examination certificate and upgrade back to a CDL without retesting. If a driver has been downgraded longer than three years, retesting is required for both the knowledge and road skills in order to requalify for a CDL.