Legal Focus

Much has been written previously and elsewhere in this newsletter regarding the details of the FMCSA ruling that requires states to downgrade a commercial driver’s license (CDL) for failure to submit medical certifications and provide the DOT with information about the type of vehicle being driven (self-certification). Like most states, Pennsylvania is scrambling to implement legislation that will create the forms and processes required for this to occur. Since most states are not prepared to enforce the federal recording keeping rule, the FMCSA issued a final rule on November 15, 2011 continuing, until January 30, 2014, the requirement that all CDL hold-ers must carry their medical certification card and all employers must keep a copy of same on file. While the FMCSA’s final rule does not extend the state’s compliance deadline or change the pen-alty for non-compliance, any state that has not implemented the “self-certification” process through its DOT simply has no mechanism to enforce the downgrade penalty. So, what should you do as an employer of CDL holders?

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