CDL Restriction K - Intrastate Only
| Entry Date | August 11, 2022 |
|---|---|
| Issue Number | 22-028-DRV |
| Name | Ted Staffen |
| Agency | Michels Corporation |
| Address | 817 W Main StBrownsville, WI, 53006United StatesMap It (opens in a new tab) |
| Phone | 9202044025 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | CDL K—CDL intrastate only If a driver is under 21 years old and has a valid WI CDL with a 'K-Restriction' and a Valid Med Card, are they legally allowed to drive intrastate only outside of their home state? For example: A utility worker drives from their residence located in Wisconsin with their personal vehicle to a jobsite in Minnesota. They operate a CDL vehicle within Minnesota (intrastate only) for their workday. They then return home to Wisconsin with their personal vehicle. The utility worker meets the FMCSA and WI definition of ‘intrastate commerce’ and has a valid medical card. Using this example scenario, is the driver operating legally? Based on reciprocity agreements and the FMCSA definition of Intrastate Commerce, our interpretation of the K-restriction is that the utility worker is legally allowed to operate a vehicle within the state of Minnesota using their valid Wisconsin CDL and medical card. Reciprocity Agreement Example: An Illinois resident/driver who operates a CMV with a GVWR of greater than 16,000 lbs. but less than 26,001 lbs. is required to have a Class C license (and med card). Whereas a WI resident/driver could operate the same vehicle in Illinois with only a Regular Class D license (and med card) in inter or intra state commerce. |
| Justification or Need | The K-Restriction has become a 'gray area' and needs to be uniform across all states to prevent further misinterpretations of the restriction. Some states allow an out-of-state CDL holder to drive intrastate within their state, while others do not. While operating under our current interpretation of the K-restriction, Michels Corporation has received both clean inspections and been cited and placed out-of-service for having no valid CDL. It is extremely difficult to provide guidance to drivers when the policy itself is unclear and conflicting. |
| Request for Action | Please release guidance and a uniform policy regarding the 'K-Restriction' to all states. Thank you for your time, Ted Staffen (retired WI State Patrol) Tyler Konecny (former WI State Patrol) Michels Corporation |