Road Law – May 2025
We recently received some questions about medical certification issues and the various ways that states handle downgrading CDL privileges when a medical certification expires. The key takeaway is that there is not complete uniformity when it comes to this process.
Q: I received a citation in Texas for speeding, but when the officer checked my license status, he said I was revoked in North Carolina due to my med card, so he issued me another citation for driving without a CDL. Can North Carolina do this without notifying me?
A: You would assume that written notification would be sent to a driver that a change in license status has occurred, but while some states do this, others do not and will immediately downgrade or cancel your CDL privileges once your medical certification has expired.
In your case, the first recommendation would be to review how your medical certification was transmitted to the North Carolina Department of Transportation and if you have a record of it. According to current available information, the medical certification can be mailed, faxed, emailed or delivered in person. If you have proof that it was delivered and there is an error on the DOT’s end, then your privileges should be restorable without too much difficulty.
If you can’t prove that the new certification was received, then you will have to go through an administrative process to restore your CDL privileges. Preferably, this should be done first – so if you choose to contest your citations, you will at least have proof that your CDL is now valid, which should help in reducing or dismissing the license violation.
Q: If my medical certification expires, will my CDL be downgraded or revoked?
A: It depends on the state where your driver’s license was issued. While downgraded and revoked statuses have the same effect of taking away your CDL privileges, being downgraded may make it easier to reinstate your license once you comply versus being revoked.
Q: Can you provide examples of how states handle the medical certification downgrade or revocation?
A: Yes. Here are some examples and guidance from several states about the issue:
Oklahoma: “Downgrade, reinstate CDL with proof of new med cert.”
New York: “CDL holders who fail to keep their medical certificate current become medically “not certified” when the medical certificate on file expires. A letter is sent to the driver advising them that they are ‘not certified’ and that their CDL license will be downgraded in 55 days unless they submit an acceptable medical certificate to the CDL Med Cert Unit. If acceptable proof of medical certification is not received and processed within 55 days, the CDL is downgraded to a non-CDL license on the 56th day. Drivers have until the expiration date of their driver’s license, and up to two years past the expiration date, to be recertified and obtain their CDL again without having to be retested. Two years past the expiration date of the CDL, all tests (knowledge and skills) must be retaken. CDL holders who submit fraudulent medical documents to the Medical Certification Unit will have their CDL license revoked for one year.”
Maryland: “Customer must downgrade to a noncommercial license, or their entire driving privilege will be canceled.”
Massachusetts: “Drivers who fail to comply will be disqualified from operating a CMV. If updated information is not received, the CDL will be downgraded to a Class D license within 60 days. Failure to restore the CDL within 12 months will require retesting.”
South Carolina: “To regain the commercial designation once it has been removed, drivers will be required to apply for a commercial learner’s permit and complete all required knowledge and skills testing.”
As you can see from these examples, each state handles these issues in very different ways – and some are not so nice, so be sure that your medical certification is correct and current. LL
We invite you to send any questions or comments regarding transportation law to: Road Law, 3441 W. Memorial Road, Suite 4, Oklahoma City, OK 73134; to contact us through our website at www.RoadLaw.net; or to call us at 405-242-2030. We look forward to hearing from you.