in-20240306-IR-140230734FRA: Amends 140 IAC 4-4-9 to remove the requirement that an individual be age eligible to apply for a driver's license before a driver training school may offer to administer a driving skills test. Amends 140 IAC 7-3-6.5 by removing the requirement that a CLP or CDL applicant must carry a medical examiner's certificate on their person. Adds 140 IAC 7-5-0.5 to approve business enterprises to operate in the state if listed on the Training Provider Registry, as described in 49 CFR Part 380. Repeals 140 IAC 7-5-1 through 140 IAC 7-5-11. Effective 30 days after filing with the publisher.

Final Rule LSA Document #23-734 DIGEST Sec. 9. (a) A school that participates in the driving skills test program may offer to administer a driving skills test to individuals that meet the following requirements: (b) All schools that participate in the driving skills test program shall must use the driving skills test score sheet prescribed by the bureau to evaluate and score the driving skills test. (c) The signatures of: (d) A person's driving skills test pass result is valid for the duration of the permit held at the time of test administration, but cannot exceed two (2) years. (e) Every Each school shall must retain score sheets at the school's location for at least two (2) years, and shall present the score sheets to the bureau upon request. (f) Individuals shall take the driving skills test independently, except as otherwise required by law and without assistance from the instructor. (g) The driving skills test cannot be is not conducted during the behind-the-wheel training nor on the same day as the behind-the-wheel training. (h) The school must comply with the following requirements to administer the driving skills test: (i) Skills test results must be submitted to the bureau in an electronic form. Sec. 6.5. (a) Every Each CLP or CDL holder applicant must obtain and have in the person's possession a medical examiner's certification that the CLP or CDL holder applicant is qualified to operate a CMV either interstate or intrastate. (b) The medical examination shall must be performed by a licensed medical examiner pursuant to 49 CFR 391, Subpart E*. (c) For intrastate operation, the medical examiner may recommend the issuance of an intrastate CDL subject to the following restrictions: (d) The expiration date for the Medical Examination Report MER and the Medical Examiner's Certificate must be (MEC) is not more than twenty-four (24) months from the date of the report and certification in the case of an applicant who is medicially medically qualified for an interstate CDL, and not more than twelve (12) months from the date of the report and certification in the case of an applicant who is medically qualified for an intrastate CDL. The expiration date may be an earlier date than the expiration of the twelve (12) or twenty-four (24) month periods if, in the medical examiner's opinion, the interests of public highway safety or the health of the driver requires an earlier follow-up examination. (e) The driver shall submit a copy of the Medical Examination Report MER and Medical Examiner's Certificate MEC to the bureau, and upon its expiration, shall submit a new Medical Examination Report and Medical Examiner's Certificate. MEC. The bureau shall disqualify a driver who does not maintain on file a current valid Medical Examination Report MER and Medical Examiner's Certificate, MEC, except that the bureau may, in its discretion, allow one (1) period of not more than thirty (30) days after a valid Medical Examination Report MER and Medical Examiner's Certificate MEC has expired before issuing such a disqualification. (f) A person who does not meet the requirements of 49 CFR 391* or of this section shall be is disqualified from operating a CMV. In determining whether a person meets those requirements, the bureau may require the person to provide any additional information or documentation that the bureau reasonably deems necessary to make such a that determination. In making such the determination, the bureau may also request and consider the advisory opinion of the Indiana driver's license medical advisory board, the Federal Motor Carrier Safety Administration's regulations, instructions to medical examiners, conference reports on commercial driving and medical conditions, and any other relevant medical reference sources and advice. (g) The bureau shall not issue a passenger endorsement, a school bus endorsement, or a hazardous materials endorsement to a person with an intrastate restricted CDL. *These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Bureau of Motor Vehicles, Indiana Government Center North, Fourth Floor, 100 North Senate Avenue, Indianapolis, Indiana IN 46204. Sec. 0.5. A business enterprise that educates, trains, or otherwise prepares a person to operate a commercial motor vehicle is approved by the bureau to operate in the state if the business enterprise is listed on the Training Provider Registry as described in 49 CFR Part 380.