Ark. Code Ann. § 27-23-129 (2026)
Medical certification required — Downgrade of license for noncompliance — Denial or disqualification of license for fraud
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- An applicant for a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate shall provide to the Office of Driver Services an original or a copy of a medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013.
- Upon approval of the application, the office shall post a certification status of “certified” on the commercial driver license record for the driver applicant or driver.
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Before issuing a commercial driver license to a person who certifies as nonexcepted interstate or nonexcepted intrastate and has a valid commercial driver license from another state, the office shall:
- Verify from the commercial driver license record that the medical certification status of the driver is “certified”; or
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- Obtain from the driver an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013.
- Upon approval of the transfer, the office shall post a certification status of “certified” on the commercial driver license record for the driver.
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Between January 30, 2012, and January 30, 2014, inclusive, a holder of a commercial driver license shall certify to the office that the driver is one of the following types of drivers:
- Nonexcepted interstate;
- Excepted interstate;
- Nonexcepted intrastate; or
- Excepted intrastate.
- The office shall post to the commercial driver license record the driver's certification.
- Between January 30, 2012, and January 30, 2014, inclusive, a holder of a commercial driver license that certifies as nonexcepted interstate or nonexcepted intrastate shall provide the office with an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013, and the office shall post a certification status of “certified” on the commercial driver license record for the driver.
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Between January 30, 2012, and January 30, 2014, inclusive, a holder of a commercial driver license shall certify to the office that the driver is one of the following types of drivers:
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- To maintain a medical certification status of “certified”, a commercial driver license holder or a commercial learner's permit holder shall provide the office with an unexpired original or a copy of each subsequently issued medical examiner's certificate.
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If a driver's medical certification or medical variance expires or if the Federal Motor Carrier Safety Administration notifies the office that a medical variance was removed or rescinded, the office shall:
- Post a certification status of “not certified” in the commercial driver license or commercial learner's permit record for the driver;
- Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and
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Notify the driver in writing that:
- The driver has a “not certified” medical-certification status; and
- The commercial driver license or commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.
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Beginning January 30, 2014, if a holder of a commercial driver license fails to provide the office with the certification required under subsection (c) of this section, the office shall:
- Post a certification status of “not certified” in the commercial driver license record for the driver;
- Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and
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Notify the driver in writing that:
- The driver has a “not certified” medical certification status; and
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The commercial driver license privilege will be downgraded unless the driver submits:
- The certification required by subsection (c) of this section; and
- A current medical certificate or medical variance, if applicable.
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Beginning January 30, 2014, if a holder of a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate fails to provide the office with a current medical examiner's certificate, the office shall:
- Post a certification status of “not certified” in the commercial driver license record for the driver;
- Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and
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Notify the driver in writing that:
- The driver has a “not certified” medical certification status; and
- The commercial driver license or commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.
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For each current medical examiner certificate received from a driver, the office shall:
- Date-stamp the medical examiner's certificate;
- Retain the original or a copy of the medical certificate of a driver for three (3) years beyond the date the certificate was issued; and
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Post the information from the medical examiner's certificate within ten (10) calendar days to the commercial driver license record, including:
- The medical examiner's name;
- The medical examiner's telephone number;
- The date of the medical examiner's certificate issuance;
- The medical examiner's license number and the state of issuance;
- The medical examiner's National Registry identification number if required by the National Registry of Medical Examiners, mandated by § 49 U.S.C. § 31149(d), as in effect on January 1, 2013;
- An indicator of medical certification status, that is, “certified” or “not certified”;
- The expiration date of the medical examiner's certificate;
- The existence of any medical variance on the medical certificate, including without limitation an exemption, skill performance evaluation certification, or grandfather provision;
- Any restrictions, including without limitation corrective lenses, a hearing aid, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and
- The date the medical examiner's certificate information was posted to the commercial driver license record.
- The office, within ten (10) calendar days of a driver's medical certification status expiring or a driver's medical variance expiring or being rescinded, shall update the medical certification status of the driver as “not certified”.
- The office, within ten (10) calendar days of receiving information from the administration regarding issuance or renewal of a medical variance for a driver, shall update the commercial driver license record to include the medical variance information provided by the administration.
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If the office determines in its check of an applicant's license status and record before issuing a commercial driver license or commercial learner's permit that the applicant falsified information or a document required by this section, under 49 C.F.R. § 383.71(b) or § 383.71(g), as in effect on January 1, 2013, or by 49 C.F.R. §§ 383.151 — 383.155, as in effect on January 1, 2013, the office shall:
- Deny the person's pending application for a commercial driver license or commercial learner's permit; and
- Refuse to grant an application for a commercial driver license or commercial learner's permit for a period of one (1) year.
- If the office determines at any time after a commercial driver license or commercial learner's permit is issued that the driver falsified information or a document required by this section, by 49 C.F.R. § 383.71(b) or § 383.71(g), as in effect on January 1, 2013, or by 49 C.F.R. §§ 383.151 — 383.155, as in effect on January 1, 2013, the office shall disqualify the driver's commercial driver license or commercial learner's permit for a period of one (1) year.
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If the office determines in its check of an applicant's license status and record before issuing a commercial driver license or commercial learner's permit that the applicant falsified information or a document required by this section, under 49 C.F.R. § 383.71(b) or § 383.71(g), as in effect on January 1, 2013, or by 49 C.F.R. §§ 383.151 — 383.155, as in effect on January 1, 2013, the office shall:
History. Acts 2011, No. 352, § 7; 2013, No. 758, § 19.
A.C.R.C. Notes. The National Registry of Medical Examiners, referenced in (e)(3)(E), was replaced in 2014 by the National Registry of Certified Medical Examiners. See generally 49 C.F.R. § 390.101.
Amendments. The 2013 amendment deleted “Beginning January 30, 2012,” at the beginning of (a)(1), (b), (d)(2), (f), and (g); inserted “or commercial learner's license” throughout the section; substituted “January 1, 2011” for “January 1, 2013” in (a)(1), (b)(2)(A), and (c)(3); inserted “driver applicant or” in (a)(2); substituted “or a commercial learner's permit holder shall” for “must” in (d)(1); deleted “Certified” preceding “Medical Examiners” in (e)(3)(E); and rewrote (h).