To comply with the new medical certification requirements, it is important to understand how an employee uses a commercial motor vehicle (CMV). To assist with this determination, follow the steps below.

Step 1

Does or will the employee use a commercial driver’s license (CDL) to operate a CMV in interstate or intrastate commerce?

Interstate commerce occurs when the employee drives a CMV:

• From one state to another state or a foreign country
• Between two locations within a state, but during part of the trip the CMV crosses into another state or foreign country
• Between two locations within a state, but the cargo or passengers are part of a trip that began or will end in another state or foreign country

Intrastate commerce occurs when the employee drives a CMV only within one state and does not meet any of the criteria for interstate commerce.

Important: If the employee operates in both intrastate and interstate commerce, you must select interstate commerce.

Step 2

Once you determine whether the employee operates (or will operate) in interstate or intrastate commerce, you must then determine whether the operation is excepted or non-excepted.

Interstate Commerce

An employee operates in excepted interstate commerce when driving a CMV in interstate commerce only for the following activities:

• Transporting school children and/or school staff between home and school
• Operating as a federal, state, or local government employee
• Transporting human corpses or sick or injured persons
• Operating fire trucks or rescue vehicles during emergencies and related activities
• Transporting propane for winter heating during emergency conditions (e.g., after storms or flooding)
• Responding to a pipeline emergency (e.g., leak or rupture)
• Custom harvesting or transporting related farm equipment, supplies, or crops
• Seasonal transportation of bees by a beekeeper
• Operating a farm-controlled vehicle (not a combination vehicle) transporting agricultural products, supplies, or machinery within 150 air miles of the farm and not carrying placardable hazardous materials
• Operating as a private motor carrier of passengers for non-business purposes
• Transporting migrant workers

If the employee performs only the activities listed above, they operate in excepted interstate commerce and do not require a federal medical examiner’s certificate.

If the employee performs any additional duties beyond those listed above, they operate in non-excepted interstate commerce and are required to provide a current medical examiner’s certificate, commonly referred to as a medical certificate or DOT card.

Most CDL holders who operate CMVs in interstate commerce fall under non-excepted interstate commerce.

Important: If the employee operates in both excepted and non-excepted interstate commerce, you must select non-excepted interstate commerce.

Intrastate Commerce

An employee operates in excepted intrastate commerce when they:

• Drive a CMV only in intrastate commerce
• Engage in activities that the State of licensure has determined do not require compliance with the State’s medical certification requirements

An employee operates in non-excepted intrastate commerce when they:

• Drive a CMV only in intrastate commerce
• Engage in activities that do require compliance with the State of licensure’s medical certification requirements

Important: If the employee operates in both excepted and non-excepted intrastate commerce, you must select non-excepted intrastate commerce.

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