61-5-141. Self-certification of operation status -- medical certificate submission and tracking -- notice of expiration -- downgrade of license. (1) The department may not issue or renew a commercial driver's license unless the person applying for the license:

(a) certifies to the department the status of operation or expected operation of the commercial motor vehicle as being either nonexcepted interstate commerce or excepted interstate commerce, as those terms are described in 49 CFR 383.71, or intrastate commerce; and

(b) when nonexcepted interstate commerce is certified, submits to the department a current medical examiner's certificate as prescribed in 49 CFR, part 391, or when intrastate commerce is certified, submits to the department a current medical examiner's certificate as prescribed in 49 CFR, part 391, or a medical statement as prescribed by department rule.

(2) The department may not issue a commercial driver's license to a person seeking to transfer a valid commercial driver's license issued by another state driver licensing authority unless the requirements of subsection (1)(a) are met, and if the driver certifies to nonexcepted interstate commerce operation, the department shall check the person's CDLIS driver record to verify that the person's medical certification status is "certified".

(3) The department shall mail to the holder of a commercial driver's license certified for nonexcepted interstate commerce a notice of pending medical certificate expiration no earlier than 60 days and no later than 30 days prior to the expiration date of the current medical certificate. The department shall mail the notice to the Montana mailing address shown on the commercial driver's license or, if more recent, the mailing address updated pursuant to 61-3-119 and 61-5-115.

(4) On or before the expiration date of the current medical certificate, the holder of a commercial driver's license certified for nonexcepted interstate commerce shall submit a new medical certificate to the department.

(5) If a new medical certificate is not submitted as required in subsection (4), the department shall, within 10 days of expiration of the current medical certificate:

(a) update the CDLIS driver record to a status of "not certified";

(b) downgrade the person's commercial driver's license; and

(c) notify the person of the status change and the license downgrade on the CDLIS driver record.

(6) The department may reinstate a commercial driver's license that was downgraded under subsection (5) if, within the original term of the downgraded license, the person:

(a) submits a current medical certificate to the department;

(b) certifies to a change in operation status to excepted interstate; or

(c) certifies to a change in operation status to intrastate and submits either a current medical examiner's certificate as prescribed in 49 CFR, part 391, or a medical statement as prescribed by department rule.

(7) Within 10 days of issuance, transfer, renewal, downgrade, or upgrade of a commercial driver's license, the department shall update the CDLIS driver record for the license holder in accordance with the requirements of 49 CFR, part 383.

(8) A downgrade or subsequent upgrade of a CDLIS driver record pursuant to this section is an electronic transaction. The department may not require the surrender or replacement of a commercial driver's license under this section unless the license is expired.

(9) Unless the commercial driver's license is expired, the department may not require a license holder to take the knowledge and road or skills tests required under 61-5-110 or 61-5-111 to reinstate the commercial driver's license pursuant to subsection (6) of this section.