By now most commercial drivers holding a CDL have received their self certification letter and had to certify as to the type of driving they currently engage in or intend to engage in.  New York State follows US DOT FMCSA regulations for commercial driver qualification standards.  Commercial drivers will therefore be required to certify to the type of driving they intend to do whenever they are first issued a CDL, amend or renew their CDL or Commercial Learner’s Permit.  If a driver certifies to Non-excepted driving (Interstate or Intrastate), a US DOT Medical Examiner’s Certificate will be required (Non-Excepted Intrastate drivers will have a K restriction).  If a driver certifies to Excepted driving (Interstate or Intrastate a US DOT Medical Examiner’s Certificate is not required.  Drivers who certify to Excepted driving will either have an A3 (soon to be changed to Medical Cert Exempt) or both an A3 and K restriction on their license.

If a driver operates in both Excepted and Non-Excepted type of driving, the driver must certify to the Non-excepted status in order to operate a commercial vehicle in both types of commerce  (i.e. a driver must certify to Non-excepted interstate if he plans to drive in both Non-excepted interstate and Excepted interstate an therefore will need to have a current Medical Examiner’s Certificate)

US DOT Medical Examiner’s Certificate required

• Non-Excepted Interstate .  May drive across state lines.  Must be age 21 or older
• Non-Excepted Intrastate (K restriction will be placed on CDL)  May only drive in NYS.  Aged 18 or older

CDL driver is responsible to keep Medical Examiner’s Certificate current with the NYS DMV or risk losing their certified medical status and their CDL privileges.

US DOT Medical Examiner’s Certificate not required

• Excepted Interstate (A3 restriction will be placed on CDL) Age 18 or older.  May drive across state lines for excepted operation only ( see definition below of excepted operation)
• Excepted Intrastate (A3 and K restriction will be placed on CDL) Age 18 or older.  May only drive in NYS

*Hazmat (H endorsement) and Hazmat /Tank (X endorsement) drivers must select Non-Excepted status only  (either Non-Excepted Interstate or Non-Excepted Intrastate).

Definitions

Interstate Commerce

• Driver drives from one state to another or foreign country
• Driver drives between two points in NYS but crosses into another state or country in the process
• Driver drives between two points in NYS but the cargo is part of a trip that began or will end in another state or foreign country

Intrastate Commerce

• Driver only drives a commercial vehicle in NYS and neither driver or cargo he carries meets the definition above (for interstate commerce).

A3 restriction (Med Cert Exempt) an K restriction ( CDL intrastate only):  See NYS DMV Commercial Driver Rules and Regulations  for a discussion on the A3 and K restrictions.

Excepted Operation

• School Operation :  If you transport school children from home to school and from school to home
• If you drive for Federal, State, or Local Government (Municipal Operation)
• If you obtained your NYS commercial driver license before 9/9/1999 and operate commercially within New York State only (you must certify to Excepted Intrastate).