§ 510-AA Downgrade of commercial driver's licenses
VTL § 510-AA
§ 510-aa. Downgrade of commercial driver's licenses. A commercial driver's license shall be downgraded to a non-commercial driver's license by the commissioner within sixty days of the holder's medical certification status becoming "not-certified" based upon the expiration of the holder's medical certification or medical variance documentation required by the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of federal regulations, or upon the holder's failure to submit such medical certification or medical variance documentation at such intervals as required by the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of federal regulations and in a manner prescribed by the commissioner. A commercial driver's license shall also be downgraded to a non-commercial driver's license by the commissioner within sixty days of the holder's medical certification status becoming "not-certified" based upon receipt of information from the issuing medical examiner or the federal motor carrier safety administration that a medical certification or medical variance was issued in error or rescinded. Such downgrade shall be terminated, and the commercial driver's license restored, upon: (1) the holder's submission of the required valid medical examiner's certificate or medical variance documentation; or (2) the holder's self-certification specifying the type of commercial motor vehicle operation he or she engages, or expects to engage in, and that the holder is therefore not subject to the physical qualification requirements of the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of federal regulations. The commissioner shall, upon a holder's status becoming "not-certified", notify the holder of such commercial driver's license by first class mail to the address of such person on file with the department or at the current address provided by the United States postal service of his or her "not-certified" medical certification status and that his or her commercial driver's license will be downgraded to a non-commercial driver's license unless he or she submits a current medical certificate and/or medical variance in accordance with Part 383.71(h) of title 49 of the code of federal regulations or changes his or her self-certification to driving only in excepted or intrastate commerce in accordance with Part 383.71(b)(ii)(B), (C) or (D) of title 49 of the code of federal regulations.
