Louisiana 2012 2012 Regular Session

Louisiana House Bill HB668 Introduced / Bill

                    HLS 12RS-841	ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 668
BY REPRESENTATIVE ST. GERMAIN
MTR VEHICLE/COMMERCIAL:  Provides relative to certifications made by persons
applying for CDL license
AN ACT1
To amend and reenact R.S. 32:403.4(A), relative to commercial motor vehicle drivers; to2
require persons applying for commercial driver's licenses to make certain3
certifications; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 32:403.4(A) is hereby amended and reenacted to read as follows:6
ยง403.4. Medical evaluation report required of persons driving a commercial motor7
vehicle8
A.(1) A person applying for a Class "A", "B", or "C" commercial driver's9
license shall not have any physical or mental disability affecting the ability to10
exercise ordinary and reasonable control in the operation of a commercial motor11
vehicle.  Such person, unless exempted by the office of motor vehicles or by a rule12
or regulation, shall provide a current medical report, on a form approved by the13
office of motor vehicles, prepared by a duly licensed medical examiner, certifying14
that he is capable of exercising ordinary and reasonable control in the operation of15
a commercial motor vehicle. Such person shall submit a valid medical report at16
every renewal and shall carry a current medical certificate on his person at all times17
when driving a commercial motor vehicle requiring either a Class "A", "B", or "C"18
commercial driver's license as defined herein.19 HLS 12RS-841	ORIGINAL
HB NO. 668
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are additions.
(2)  A person applying for a commercial driver's license shall certify one of1
the following:2
(a)  Non-excepted interstate.  That he operates or expects to operate in3
interstate commerce, is subject to and meets the qualification requirements of 49 Part4
CFR 391, and is required to obtain a medical examiner's certificate as required by 495
CRF 391.45.6
(b) Excepted interstate.  That he operates or expects to operate in interstate7
commerce but engages or will engage exclusively in transportation or operations8
excepted by 49 CFR 390.3(f), 391.2, 391.68, or 398.3, all 49 Part CFR 3919
qualification requirements, and is therefore not required to obtain a medical10
examiner's certificate as required by 49 CRF 391.45.11
(c) Non-excepted intrastate.  That he operates only in intrastate commerce12
and therefore is subject to state driver qualification requirements.13
(d) Excepted intrastate.  That he operates in intrastate commerce but engages14
exclusively in transportation or operations excepted from state driver qualification15
requirements.16
*          *          *17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
St. Germain	HB No. 668
Abstract: Requires persons applying for a commercial driver's license to certify that they
meet certain federal requirements.
Present law requires that a person applying for a Class "A", "B", or "C" commercial driver's
license meet certain qualifications.
Proposed law retains present law and requires that a person applying for a Class "A", "B",
or "C" commercial driver's license shall certify one of the following:
(1)Non-excepted interstate. That he operates or expects to operate in interstate
commerce, is subject to and meets the qualification requirements of 49 CFR Part
391, and is required to obtain a medical examiner's certificate as required by 49 CRF
391.45. HLS 12RS-841	ORIGINAL
HB NO. 668
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2)Excepted interstate. That he operates or expects to operate in interstate commerce
but engages or will engage exclusively in transportation or operations excepted by
49 CFR 390.3(f), 391.2, 391.68, or 398.3, all 49 Part CFR 391 qualification
requirements, and is therefore not required to obtain a medical examiner's certificate
as required by 49 CRF 391.45.
(3)Non-excepted intrastate. That he operates only in intrastate commerce and therefore
is subject to state driver qualification requirements.
(4)Excepted intrastate. That he operates in intrastate commerce but engages exclusively
in transportation or operations excepted from state driver qualification requirements.
(Amends R.S. 32:403.4(A))