N.Y. Vehicle & Traffic Law § 510-aa: Downgrade of commercial driver's licenses

§ 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certification or medical variance was issued in error or rescinded.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.