Physical qualification stops at 26,000 pounds for a driver with no CDL
Having pulled the light combination into the rule at 16,001 pounds, Colorado then releases part of the driver file at the other end of the same band.
MCS 6.12.1 provides: “Drivers of intrastate vehicles and vehicle combinations having a GVWR or GCWR of not more than 26,000 lbs., not requiring a CDL to operate, are not subject to 49 CFR 391, Subpart E, Physical Qualifications and Examinations.” Subpart E is the physical qualification and medical examination subpart — the certificate a driver in almost any other posture has to obtain, retain and renew on a schedule.
Two conditions gate it and both must hold. The operation must be intrastate, and the combination must be at or under 26,000 pounds of rating and not require a commercial driver’s license to operate. So the relief is available across the upper part of the band the rule reaches — from 16,001 up to 26,000 pounds — and stops at the state line and at the point where the licensing question changes.
The rest of the rule reads consistently with that. Colorado’s medical waiver program at MCS 8 exists for drivers who cannot satisfy that same subpart, and MCS 8.4.1 provides that an application may be denied if the applicant “does not currently possess or is not in the process of attaining a Colorado CDL.” The waiver program is licensed-driver-facing because the drivers MCS 6.12.1 releases do not need a waiver in the first place.
The statute preserves the same class expressly. C.R.S. 42-4-235(2)(b)(III), inside the civil-penalty provisions, states that nothing in that subsection is to be construed to repeal, preempt or negate any existing regulatory exemption for agricultural operations, intrastate farm vehicle drivers, or “intrastate vehicles or combinations of vehicles with a gross vehicle weight rating of not more than twenty-six thousand pounds that do not require a commercial driver’s license to operate”.
It is worth saying plainly what has and has not been released, because a thinner file is easy to mistake for a lighter regime. Colorado adopts the drug and alcohol testing, special training, safety fitness, general applicability, driving, parts and accessories, hours of service, inspection and maintenance, hazardous materials driving and employee safety parts of the federal text, and MCS 6.1 extends every reference to interstate commerce in them to intrastate commerce as well. What MCS 6.12.1 removes is one subpart of one of those parts, and only inside its two conditions. A carrier that keeps medical certificates anyway is not over-complying in any sense that matters after a loss; it is holding the document a plaintiff will ask for.