Nebraska Revised Statute 60-4,144.01

Chapter 60

60-4,144.01.

Commercial drivers' licenses; CLP-commercial learner's permit; certification required; medical examiner's certificate; variance.

(1) Any person who is applying for a commercial driver's license or CLP-commercial learner's permit shall make a self-certification under subsection (2), (3), (4), or (5) of this section as required under 49 C.F.R. 383.71(b)(1).

(2)(a) Certification shall be made under this subsection for any person who operates or expects to operate a commercial motor vehicle in interstate commerce, is both subject to and meets the qualification requirements under 49 C.F.R. part 391, and is required to be medically examined and certified as physically qualified to operate a commercial motor vehicle in accordance with 49 C.F.R. 391.45.

(b) To obtain a medical examiner's certificate, the medical examination shall be conducted by a medical examiner who is listed on the National Registry of Certified Medical Examiners unless excepted under 49 C.F.R. 391.43(b).

(c) Before June 23, 2025, any person who self-certifies that such person is required to be medically examined and certified as physically qualified under 49 C.F.R. 391.45 to operate a commercial motor vehicle shall maintain a current medical examiner's certificate and provide a copy of it to the department in order to maintain his or her medical certification status.

(d) Beginning on an implementation date determined by the director, but not later than June 23, 2025, any person who self-certifies that such person is required to be medically examined and certified under 49 C.F.R. 391.45 shall maintain a current medical examiner's certificate. A copy of such certificate does not need to be provided to the department to maintain such person's medical certification status.

(e) Beginning on an implementation date determined by the director, but not later than June 23, 2025, no medical examination certificate that is issued directly to any person who is required to be medically examined and certified can be used to satisfy the certification requirement of, or be used to maintain medical certification for the purpose of complying with, 49 C.F.R. part 391.

(f) Any person who has obtained a medical variance from the Federal Motor Carrier Safety Administration, in the form of an exemption letter or medical variance skill performance evaluation certificate, shall carry such letter or certificate while operating a commercial motor vehicle.

(3) Certification shall be made under this subsection for any person who operates or expects to operate a commercial motor vehicle in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or 398.3 from all or part of the qualification requirements of 49 C.F.R. part 391, and is therefor not required to obtain a medical examiner's certificate by 49 C.F.R. 391.45.

(4) Certification shall be made under this subsection for any person who operates or expects to operate a commercial motor vehicle only in intrastate commerce and is subject to state driver qualification requirements as provided in section 75-363.

(5) Certification shall be made under this subsection for any person who operates or expects to operate a commercial motor vehicle in intrastate commerce, but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements.