Federal Trucking Regulations
Commercial driver's license standards;
requirements and penalties
TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
Sec. 383.1 Purpose and scope.
(a) The purpose of this part is to help reduce or
prevent truck and
bus accidents, fatalities, and injuries by requiring
drivers to have a
single commercial motor vehicle driver's license and
by disqualifying
drivers who operate commercial motor vehicles in an
unsafe manner.
(b) This part:
(1) Prohibits a commercial motor vehicle driver from
having more
than one commercial motor vehicle driver's license;
(2) Requires a driver to notify the driver's current
employer and
the driver's State of domicile of certain
convictions;
(3) Requires that a driver provide previous
employment information
when applying for employment as an operator of a
commercial motor
vehicle;
(4) Prohibits an employer from allowing a person
with a suspended
license to operate a commercial motor vehicle;
(5) Establishes periods of disqualification and
penalties for those
persons convicted of certain criminal and other
offenses and serious
traffic violations, or subject to any suspensions,
revocations, or cancellations of certain
driving privileges;
(6) Establishes testing and licensing requirements
for commercial
motor vehicle operators;
(7) Requires States to give knowledge and skills
tests to all
qualified applicants for commercial drivers'
licenses which meet the
Federal standard;
(8) Sets forth commercial motor vehicle groups and
endorsements;
(9) Sets forth the knowledge and skills test
requirements for the
motor vehicle groups and endorsements;
(10) Sets forth the Federal standards for
procedures, methods, and
minimum passing scores for States and others to use
in testing and
licensing commercial motor vehicle operators; and
(11) Establishes requirements for the State issued
commercial
license documentation.
Sec. 383.3 Applicability.
(a) The rules in this part apply to every person who
operates a
commercial motor vehicle (CMV) in interstate,
foreign, or intrastate
commerce, to all employers of such persons, and to
all States.
(b) The exceptions contained in Sec. 390.3(f) of
this subchapter do
not apply to this part. The employers and drivers
identified in
Sec. 390.3(f) must comply with the requirements of
this part, unless
otherwise provided in this section.
(c) Exception for certain military drivers. Each
State must exempt
from the requirements of this part individuals who
operate CMVs for
military purposes. This exception is applicable to
active duty military
personnel; members of the military reserves; member
of the national
guard on active duty, including personnel on
full-time national guard
duty, personnel on part-time national guard
training, and national guard
military technicians (civilians who are required to
wear military
uniforms); and active duty U.S. Coast Guard
personnel. This exception is
not applicable to U.S. Reserve technicians.
(d) Exception for farmers, firefighters, emergency
response vehicle
drivers, and drivers removing snow and ice. A State
may, at its
discretion, exempt individuals identified in
paragraphs (d)(1), (d)(2),
and (d)(3) of this section from the requirements of
this part. The use
of this waiver is limited to the driver's home State
unless there is a
reciprocity agreement with adjoining States.
(1) Operators of a farm vehicle which is:
(i) Controlled and operated by a farmer, including
operation by
employees or family members;
(ii) Used to transport either agricultural products,
farm machinery,
farm supplies, or both to or from a farm;
(iii) Not used in the operations of a common or
contract motor
carrier; and
(iv) Used within 241 kilometers (150 miles) of the
farmer's farm.
(2) Firefighters and other persons who operate CMVs
which are
necessary to the preservation of life or property or
the execution of
emergency governmental functions, are equipped with
audible and visual
signals and are not subject to normal traffic
regulation. These vehicles
include fire trucks, hook and ladder trucks, foam or
water transport
trucks, police SWAT team vehicles, ambulances, or
other vehicles that
are used in response to emergencies.
(3)(i) A driver, employed by an eligible unit of
local government,
operating a commercial motor vehicle within the
boundaries of that unit
for the purpose of removing snow or ice from a
roadway by plowing,
sanding, or salting, if
(A) The properly licensed employee who ordinarily
operates a
commercial motor vehicle for these purposes is
unable to operate the
vehicle; or
(B) The employing governmental entity determines
that a snow or ice
emergency exists that requires additional
assistance.
(ii) This exemption shall not preempt State laws and
regulations
concerning the safe operation of commercial motor
vehicles.
(e) Restricted commercial drivers license (CDL) for
certain drivers
in the State of Alaska. (1) The State of Alaska may,
at its discretion,
waive only the following requirements of this part
and issue a CDL to each driver that meets the
conditions set forth in paragraphs (e)
(2) and (3) of this section:
(i) The knowledge tests standards for testing
procedures and methods
of subpart H, but must continue to administer
knowledge tests that
fulfill the content requirements of subpart G for
all applicants;
(ii) All the skills test requirements; and
(iii) The requirement under Sec. 383.153(a)(4) to
have a photograph
on the license document.
(2) Drivers of CMVs in the State of Alaska must
operate exclusively
over roads that meet both of the following criteria
to be eligible for
the exception in paragraph (e)(1) of this section:
(i) Such roads are not connected by land highway or
vehicular way to
the land-connected State highway system; and
(ii) Such roads are not connected to any highway or
vehicular way
with an average daily traffic volume greater than
499.
(3) Any CDL issued under the terms of this paragraph
must carry two
restrictions:
(i) Holders may not operate CMVs over roads other
than those
specified in paragraph (e)(2) of this section; and
(ii) The license is not valid for CMV operation
outside the State of
Alaska.
(f) Restricted CDL for certain drivers in
farm-related service
industries. (1) A State may, at its discretion,
waive the required
knowledge and skills tests of subpart H of this part
and issue
restricted CDLs to employees of these designated
farm-related service
industries:
(i) Agri-chemical businesses;
(ii) Custom harvesters;
(iii) Farm retail outlets and suppliers;
(iv) Livestock feeders.
(2) A restricted CDL issued pursuant to this
paragraph shall meet
all the requirements of this part, except subpart H
of this part. A
restricted CDL issued pursuant to this paragraph
shall be accorded the
same reciprocity as a CDL meeting all of the
requirements of this part.
The restrictions imposed upon the issuance of this
restricted CDL shall
not limit a person's use of the CDL in a non-CMV
during either validated
or non-validated periods, nor shall the CDL affect a
State's power to
administer its driver licensing program for
operators of vehicles other
than CMVs.
(3) A State issuing a CDL under the terms of this
paragraph must
restrict issuance as follows:
(i) Applicants must have a good driving record as
defined in this
paragraph. Drivers who have not held any motor
vehicle operator's
license for at least one year shall not be eligible
for this CDL.
Drivers who have between one and two years of
driving experience must
demonstrate a good driving record for their entire
driving history.
Drivers with more than two years of driving
experience must have a good
driving record for the two most recent years. For
the purposes of this
paragraph, the term good driving record means that
an applicant:
(A) Has not had more than one license (except in the
instances
specified in Sec. 383.21);
(B) Has not had any license suspended, revoked, or
canceled;
(C) Has not had any conviction for any type of motor
vehicle for the
disqualifying offenses contained in Sec. 383.51(b);
(D) Has not had any conviction for any type of motor
vehicle for
serious traffic violations; and
(E) Has not had any conviction for a violation of
State or local law
relating to motor vehicle traffic control (other
than a parking
violation) arising in connection with any traffic
accident, and has no
record of an accident in which he/she was at fault.
(ii) Restricted CDLs shall have the same renewal
cycle as
unrestricted CDLs, but shall be limited to the
seasonal period or
periods as defined by the State of licensure,
provided that the total
number of calendar days in any 12-month period for
which the restricted
CDL is valid does not exceed 180. If a State elects
to provide for more
than one seasonal period, the restricted CDL is
valid for commercial
motor vehicle operation only during the currently
approved season, and
must be revalidated for each successive season. Only
one seasonal period
of validity may appear on the license document at a
time. The good
driving record must be confirmed prior to any
renewal or revalidation.
(iii) Restricted CDL holders are limited to
operating Group B and C
vehicles, as described in subpart F of this part.
(iv) Restricted CDLs shall not be issued with any
endorsements on
the license document. Only the limited tank vehicle
and hazardous
materials endorsement privileges that the restricted
CDL automatically
confers and are described in paragraph (f)(3)(v) of
this section are
permitted.
(v) Restricted CDL holders may not drive vehicles
carrying any
placardable quantities of hazardous materials,
except for diesel fuel in
quantities of 3,785 liters (1,000 gallons) or less;
liquid fertilizers
(i.e., plant nutrients) in vehicles or implements of
husbandry in total
quantities of 11,355 liters (3,000 gallons) or less;
and solid
fertilizers (i.e., solid plant nutrients) that are
not transported with
any organic substance.
(vi) Restricted CDL holders may not hold an
unrestricted CDL at the
same time.
(vii) Restricted CDL holders may not operate a
commercial motor
vehicle beyond 241 kilometers (150 miles) from the
place of business or
the farm currently being served.
(g) Restricted CDL for certain drivers in the
pyrotechnic industry.
(1) A State may, at its discretion, waive the
required hazardous
materials knowledge tests of subpart H of this part
and issue restricted
CDLs to part-time drivers operating commercial motor
vehicles
transporting less than 227 kilograms (500 pounds) of
fireworks
classified as DOT Class 1.3G explosives.
(2) A State issuing a CDL under the terms of this
paragraph must
restrict issuance as follows:
(i) The GVWR of the vehicle to be operated must be
less than 4,537
kilograms (10,001 pounds);
(ii) If a State believes, at its discretion, that
the training
required by Sec. 172.704 of this title adequately
prepares part-time
drivers meeting the other requirements of this
paragraph to deal with
fireworks and the other potential dangers posed by
fireworks
transportation and use, the State may waive the
hazardous materials
knowledge tests of subpart H of this part. The State
may impose any
requirements it believes is necessary to ensure
itself that a driver is
properly trained pursuant to Sec. 172.704 of this
title.
(iii) A restricted CDL document issued pursuant to
this paragraph
shall have a statement clearly imprinted on the face
of the document
that is substantially similar as follows: ``For use
as a CDL only during
the period from June 30 through July 6 for purposes
of transporting less
than 227 kilograms (500 pounds) of fireworks
classified as DOT Class
1.3G explosives in a vehicle with a GVWR of less
than 4,537 kilograms
(10,001 pounds).
(3) A restricted CDL issued pursuant to this
paragraph shall meet
all the requirements of this part, except those
specifically identified.
A restricted CDL issued pursuant to this paragraph
shall be accorded the
same reciprocity as a CDL meeting all of the
requirements of this part.
The restrictions imposed upon the issuance of this
restricted CDL shall
not limit a person's use of the CDL in a non-CMV
during either validated
or non-validated periods, nor shall the CDL affect a
State's power to
administer its driver licensing program for
operators of vehicles other
than CMVs.
(4) Restricted CDLs shall have the same renewal
cycle as
unrestricted CDLs, but shall be limited to the
seasonal period of June
30 through July 6 of each year or a lesser period as
defined by the
State of licensure.
(5) Persons who operate commercial motor vehicles
during the period
from July 7 through June 29 for purposes of
transporting less than 227
kilograms (500 pounds) of fireworks classified as
DOT Class 1.3G
explosives in a vehicle with a GVWR of less than
4,537 kilograms (10,001
pounds) and who also operate such vehicles for the
same purposes during
the period June 30 through July 6 shall not be
issued a restricted CDL
pursuant to this paragraph.
Sec. 383.5 Definitions.
As used in this part:
Administrator means the Federal Motor Carrier Safety
Administrator,
the chief executive of the Federal Motor Carrier
Safety Administration,
an agency within the Department of Transportation.
Alcohol or alcoholic beverage means: (a) Beer as
defined in 26
U.S.C. 5052(a), of the Internal Revenue Code of
1954, (b) wine of not
less than one-half of one per centum of alcohol by
volume, or (c)
distilled spirits as defined in section 5002(a)(8),
of such Code.
Alcohol concentration (AC) means the concentration
of alcohol in a
person's blood or breath. When expressed as a
percentage it means grams
of alcohol per 100 milliliters of blood or grams of
alcohol per 210
liters of breath.
Alien means any person not a citizen or national of
the United
States.
Commerce means (a) any trade, traffic or
transportation within the
jurisdiction of the United States between a place in
a State and a place
outside of such State, including a place outside of
the United States
and (b) trade, traffic, and transportation in the
United States which
affects any trade, traffic, and transportation
described in paragraph
(a) of this definition.
Commercial driver's license (CDL) means a license
issued by a State
or other jurisdiction, in accordance with the
standards contained in 49
CFR part 383, to an individual which authorizes the
individual to
operate a class of a commercial motor vehicle.
Commercial driver's license information system
(CDLIS) means the
CDLIS established by FMCSA pursuant to section 12007
of the Commercial
Motor Vehicle Safety Act of 1986.
Commercial motor vehicle (CMV) means a motor vehicle
or combination
of motor vehicles used in commerce to transport
passengers or property
if the motor vehicle--
(a) Has a gross combination weight rating of 11,794
kilograms or
more (26,001 pounds or more) inclusive of a towed
unit(s) with a gross
vehicle weight rating of more than 4,536 kilograms
(10,000 pounds); or
(b) Has a gross vehicle weight rating of 11,794 or
more kilograms
(26,001 pounds or more); or
(c) Is designed to transport 16 or more passengers,
including the
driver; or
(d) Is of any size and is used in the transportation
of hazardous
materials as defined in this section.
Controlled substance has the meaning such term has
under 21 U.S.C.
802(6) and includes all substances listed on
schedules I through V of 21
CFR 1308 (Secs. 1308.11 through 1308.15), as they
may be amended by the
United States Department of Justice.
Conviction means an unvacated adjudication of guilt,
or a
determination that a person has violated or failed
to comply with the
law in a court of original jurisdiction or by an
authorized
administrative tribunal, an unvacated forfeiture of
bail or collateral
deposited to secure the person's appearance in
court, a plea of guilty
or nolo contendere accepted by the court, the
payment of a fine or court
cost, or violation of a condition of release without
bail, regardless of
whether or not the penalty is rebated, suspended, or
probated.''
Disqualification means any of the following three
actions:
(a) The suspension, revocation, or cancellation of a
CDL by the
State or jurisdiction of issuance.
(b) Any withdrawal of a person's privileges to drive
a CMV by a
State or other jurisdiction as the result of a
violation of State or
local law relating to motor vehicle traffic control
(other than parking,
vehicle weight or vehicle defect violations).
(c) A determination by the FMCSA that a person is
not qualified to
operate a commercial motor vehicle under part 391 of
this chapter.
Driver applicant means an individual who applies to
a State to
obtain, transfer, upgrade, or renew a CDL.
Driver's license means a license issued by a State
or other
jurisdiction, to an individual which authorizes the
individual to
operate a motor vehicle on the highways.
Driving a commercial motor vehicle while under the
influence of
alcohol means committing any one or more of the
following acts in a CMV-
(a) Driving a CMV while the person's alcohol
concentration is 0.04
or more;
(b) Driving under the influence of alcohol, as
prescribed by State
law; or
(c) Refusal to undergo such testing as is required
by any State or
jurisdiction in the enforcement of Sec. 383.51(b) or
Sec. 392.5(a)(2) of
this subchapter.
Eligible unit of local government means a city,
town, borough,
county, parish, district, or other public body
created by or pursuant to
State law which has a total population of 3,000
individuals or less.
Employee means any operator of a commercial motor
vehicle, including
full time, regularly employed drivers; casual,
intermittent or
occasional drivers; leased drivers and independent,
owner-operator
contractors (while in the course of operating a
commercial motor
vehicle) who are either directly employed by or
under lease to an
employer.
Employer means any person (including the United
States, a State,
District of Columbia or a political subdivision of a
State) who owns or
leases a commercial motor vehicle or assigns
employees to operate such a
vehicle.
Endorsement means an authorization to an
individual's CDL required
to permit the individual to operate certain types of
commercial motor
vehicles.
Fatality means the death of a person as a result of
a motor vehicle
accident.
Felony means an offense under State or Federal law
that is
punishable by death or imprisonment for a term
exceeding 1 year.
Foreign means outside the fifty United States and
the District of
Columbia.
Gross combination weight rating (GCWR) means the
value specified by
the manufacturer as the loaded weight of a
combination (articulated)
vehicle. In the absence of a value specified by the
manufacturer, GCWR
will be determined by adding the GVWR of the power
unit and the total
weight of the towed unit and any load thereon.
Gross vehicle weight rating (GVWR) means the value
specified by the
manufacturer as the loaded weight of a single
vehicle.
Hazardous materials means any material that has been
designated as
hazardous under 49 U.S.C. 5103 and is required to be
placarded under
subpart F of 49 CFR part 172 or any quantity of a
material listed as a
select agent or toxin in 42 CFR part 73.
Imminent hazard means the existence of a condition
that presents a
substantial likelihood that death, serious illness,
severe personal
injury, or a substantial endangerment to health,
property, or the
environment may occur before the reasonably
foreseeable completion date
of a formal proceeding begun to lessen the risk of
that death, illness,
injury or endangerment.
Motor vehicle means a vehicle, machine, tractor,
trailer, or
semitrailer propelled or drawn by mechanical power
used on highways,
except that such term does not include a vehicle,
machine, tractor,
trailer, semitrailer operated exclusively on a rail.
Nonresident CDL means a CDL issued by a State under
either of the
following two conditions:
(a) To an individual domiciled in a foreign country
meeting the
requirements of Sec. 383.23(b)(1).
(b) To an individual domiciled in another State
meeting the
requirements of Sec. 383.23(b)(2).
Non-CMV means a motor vehicle or combination of
motor vehicles not
defined by the term ``commercial motor vehicle
(CMV)'' in this section.
Out-of-service order means a declaration by an
authorized
enforcement officer of a Federal, State, Canadian,
Mexican, or local
jurisdiction that a driver, a commercial motor
vehicle, or a motor
carrier operation, is out-of-service pursuant to
Secs. 386.72, 392.5,
395.13, 396.9, or compatible laws, or the North
American Uniform Out-of-
Service Criteria.
Representative vehicle means a motor vehicle which
represents the
type of motor vehicle that a driver applicant
operates or expects to
operate.
School bus means a CMV used to transport
pre-primary, primary, or
secondary school students from home to school, from
school to home, or
to and from school-sponsored events. School bus does
not include a bus
used as a common carrier.
Serious traffic violation means conviction of any of
the following
offenses when operating a CMV, except weight, defect
and parking
violations:
(a) Excessive speeding, involving any single offense
for any speed
of 15 miles per hour or more above the posted speed
limit;
(b) Reckless driving, as defined by State or local
law or
regulation, including but not limited to offenses of
driving a CMV in
willful or wanton disregard for the safety of
persons or property;
(c) Improper or erratic traffic lane changes;
(d) Following the vehicle ahead too closely;
(e) A violation, arising in connection with a fatal
accident, of
State or local law relating to motor vehicle traffic
control;
(f) Driving a CMV without obtaining a CDL;
(g) Driving a CMV without a CDL in the driver's
possession. Any
individual who provides proof to the enforcement
authority that issued
the citation, by the date the individual must appear
in court or pay any
fine for such a violation, that the individual held
a valid CDL on the
date the citation was issued, shall not be guilty of
this offense; or
(h) Driving a CMV without the proper class of CDL
and/or
endorsements for the specific vehicle group being
operated or for the
passengers or type of cargo being transported.
State means a State of the United States and the
District of
Columbia.
State of domicile means that State where a person
has his/her true,
fixed, and permanent home and principal residence
and to which he/she
has the intention of returning whenever he/she is
absent.
Tank vehicle means any commercial motor vehicle that
is designed to
transport any liquid or gaseous materials within a
tank that is either
permanently or temporarily attached to the vehicle
or the chassis. Such
vehicles include, but are not limited to, cargo
tanks and portable
tanks, as defined in part 171 of this title.
However, this definition
does not include portable tanks having a rated
capacity under 1,000
gallons.
United States the term United States means the 50
States and the
District of Columbia.
Vehicle means a motor vehicle unless otherwise
specified.
Vehicle group means a class or type of vehicle with
certain
operating characteristics.
Sec. 383.7 Validity of CDL issued by decertified State.
A CDL issued by a State prior to the date the State
is notified by
the Administrator, in accordance with the provisions
of Sec. 384.405 of
this subchapter, that the State is prohibited from
issuing CDLs, will
remain valid until its stated expiration date.
Sec. 383.21 Number of drivers' licenses.
No person who operates a commercial motor vehicle
shall at any time
have more than one driver's license.
Sec. 383.23 Commercial driver's license.
(a) General rule. (1) Effective April 1, 1992, no
person shall
operate a commercial motor vehicle unless such
person has taken and
passed written and driving tests which meet the
Federal standards
contained in subparts F, G, and H of this part for
the commercial motor
vehicle that person operates or expects to operate.
(2) Except as provided in paragraph (b) of this
section, no person
may legally operate a CMV unless such person
possesses a CDL which meets
the standards contained in subpart J of this part,
issued by his/her
State or jurisdiction of domicile.
(b) Exception. (1) If a CMV operator is not
domiciled in a foreign
jurisdiction which the Administrator has determined
tests drivers and
issues CDLs in accordance with, or under standards
similar to, the
standards contained in subparts F, G, and H of this
part, the person may
obtain a Nonresident CDL from a State which does
comply with the testing
and licensing standards contained in such subparts
F, G, and H of this part.\1\
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\1\ Effective December 29, 1988, the Administrator
determined that
commercial drivers' licensees issued by Canadian
Provinces and
Territories in conformity with the Canadian National
Safety Code are in
accordance with the standards of this part.
Effective November 21, 1991,
the Administrator determined that the new Licencias
Federales de
Conductor issued by the United Mexican States are in
accordance with the
standards of this part. Therefore, under the single
license provision of
Sec. 383.21, a driver holding a commercial driver's
license issued under
the Canadian National Safety Code or a new Licencia
Federal de Conductor
issued by Mexico is prohibited from obtaining
nonresident CDL, or any
other type of driver's license, from a State or
other jurisdiction in
the United States.
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(2) If an individual is domiciled in a State while
that State is
prohibited from issuing CDLs in accordance with Sec.
384.405 of this
subchapter, that individual is eligible to obtain a
Nonresident CDL from
any State that elects to issue a Nonresident CDL and
which complies with
the testing and licensing standards contained in
subparts F, G, and H of
this part.
(c) Learner's permit. State learners' permits,
issued for limited
time periods according to State requirements, shall
be considered valid
commercial drivers' licenses for purposes of
behind-the-wheel training
on public roads or highways, if the following
minimum conditions are
met:
(1) The learner's permit holder is at all times
accompanied by the
holder of a valid CDL;
(2) He/she either holds a valid automobile driver's
license, or has
passed such vision, sign/symbol, and knowledge tests
as the State
issuing the learner's permit ordinarily administers
to applicants for
automotive drivers' licenses; and
(3) He/she does not operate a commercial motor
vehicle transporting
hazardous materials as defined in Sec. 383.5.
Sec. 383.31 Notification of convictions for driver violations.
(a) Each person who operates a commercial motor
vehicle, who has a
commercial driver's license issued by a State or
jurisdiction, and who
is convicted of violating, in any type of motor
vehicle, a State or
local law relating to motor vehicle traffic control
(other than a
parking violation) in a State or jurisdiction other
than the one which
issued his/her license, shall notify an official
designated by the State
or jurisdiction which issued such license, of such
conviction. The
notification must be made within 30 days after the
date that the person
has been convicted.
(b) Each person who operates a commercial motor
vehicle, who has a
commercial driver's license issued by a State or
jurisdiction, and who
is convicted of violating, in any type of motor
vehicle, a State or
local law relating to motor vehicle traffic control
(other than a
parking violation), shall notify his/her current
employer of such
conviction. The notification must be made within 30
days after the date
that the person has been convicted. If the driver is
not currently
employed, he/she must notify the State or
jurisdiction which issued the
license according to Sec. 383.31(a).
(c) Notification. The notification to the State
official and
employer must be made in writing and contain the
following information:
(1) Driver's full name;
(2) Driver's license number;
(3) Date of conviction;
(4) The specific criminal or other offense(s),
serious traffic
violation(s), and other violation(s) of State or
local law relating to
motor vehicle traffic control, for which the person
was convicted and
any suspension, revocation, or cancellation of
certain driving
privileges which resulted from such conviction(s);
(5) Indication whether the violation was in a
commercial motor
vehicle;
(6) Location of offense; and
(7) Driver's signature.
Sec. 383.33 Notification of driver's license suspensions.
Each employee who has a driver's license suspended,
revoked, or
canceled by a State or jurisdiction, who loses the
right to operate a
commercial motor vehicle in a State or jurisdiction
for any period, or
who is disqualified from operating a commercial
motor vehicle for any
period, shall notify his/her current employer of
such suspension,
revocation, cancellation, lost privilege, or
disqualification. The
notification must be made before the end of the
business day following
the day the employee received notice of the
suspension, revocation,
cancellation, lost privilege, or disqualification.
Sec. 383.35 Notification of previous employment.
(a) Any person applying for employment as an
operator of a
commercial motor vehicle shall provide at the time
of application for
employment, the information specified in paragraph
(c) of this section.
(b) All employers shall request the information
specified in
paragraph (c) of this section from all persons
applying for employment
as a commercial motor vehicle operator. The request
shall be made at the
time of application for employment.
(c) The following employment history information for
the 10 years
preceding the date the application is submitted
shall be presented to
the prospective employer by the applicant:
(1) A list of the names and addresses of the
applicant's previous
employers for which the applicant was an operator of
a commercial motor
vehicle;
(2) The dates the applicant was employed by these
employers; and
(3) The reason for leaving such employment.
(d) The applicant shall certify that all information
furnished is
true and complete.
(e) An employer may require an applicant to provide
additional
information.
(f) Before an application is submitted, the employer
shall inform
the applicant that the information he/she provides
in accordance with
paragraph (c) of this section may be used, and the
applicant's previous
employers may be contacted for the purpose of
investigating the
applicant's work history.
Sec. 383.37 Employer responsibilities.
No employer may knowingly allow, require, permit, or
authorize a
driver to operate a CMV in the United States:
(a) During any period in which the driver has a CMV
driver's license
suspended, revoked, or canceled by a State, has lost
the right to
operate a CMV in a State, or has been disqualified
from operating a CMV;
(b) During any period in which the driver has more
than one CMV
driver's license;
(c) During any period in which the driver, or the
CMV he or she is
driving, or the motor carrier operation, is subject
to an out-of-service
order; or
(d) In violation of a Federal, State, or local law
or regulation
pertaining to railroad-highway grade crossings.
Sec. 383.51 Disqualification of drivers.
(a) General. (1) A driver or holder of a CDL who is
disqualified
must not drive a CMV.
(2) An employer must not knowingly allow, require,
permit, or
authorize a driver who is disqualified to drive a
CMV.
(3) A driver is subject to disqualification
sanctions designated in
paragraphs (b) and (c) of this section, if the
holder of a CDL drives a
CMV or non-CMV and is convicted of the violations.
(4) Determining first and subsequent violations. For
purposes of
determining first and subsequent violations of the
offenses specified in
this subpart, each conviction for any offense listed
in Tables 1 through
4 to this section resulting from a separate
incident, whether committed
in a CMV or non-CMV, must be counted.
(5) Reinstatement after lifetime disqualification. A
State may
reinstate any driver disqualified for life for
offenses described in paragraphs
(b)(1) through (b)(8) of this section (Table 1 to
Sec. 383.51) after 10
years if that person has voluntarily entered and
successfully completed
an appropriate rehabilitation program approved by
the State. Any person
who has been reinstated in accordance with this
provision and who is
subsequently convicted of a disqualifying offense
described in
paragraphs (b)(1) through (b)(8) of this section
(Table 1 to
Sec. 383.51) must not be reinstated.
(b) Disqualification for major offenses. Table 1 to
Sec. 383.51
contains a list of the offenses and periods for
which a driver must be
disqualified, depending upon the type of vehicle the
driver is operating
at the time of the violation, as follows:
Sec. 383.52 Disqualification of drivers determined to constitute an imminent hazard.
(a) The Assistant Administrator or his/her designee
must disqualify
from operating a CMV any driver whose driving is
determined to
constitute an imminent hazard, as defined in Sec.
383.5.
(b) The period of the disqualification may not
exceed 30 days unless
the FMCSA complies with the provisions of paragraph
(c) of this section.
(c) The Assistant Administrator or his/her delegate
may provide the
driver an opportunity for a hearing after issuing a
disqualification for
a period of 30 days or less. The Assistant
Administrator or his/her
delegate must provide the driver notice of a
proposed disqualification
period of more than 30 days and an opportunity for a
hearing to present
a defense to the proposed disqualification. A
disqualification imposed
under this paragraph may not exceed one year in
duration. The driver, or
a representative on his/her behalf, may file an
appeal of the
disqualification issued by the Assistant
Administrator's delegate with
the Assistant Administrator, Adjudications Counsel,
Federal Motor
Carrier Safety Administration (Room 8217), 400
Seventh Street, SW.,
Washington, DC 20590.
(d) Any disqualification imposed in accordance with
the provisions
of this section must be transmitted by the FMCSA to
the jurisdiction
where the driver is licensed and must become a part
of the driver's
record maintained by that jurisdiction.
(e) A driver who is simultaneously disqualified
under this section
and under other provisions of this subpart, or under
State law or
regulation, shall serve those disqualification
periods concurrently.
Sec. 383.53 Penalties.
(a) General rule. Any person who violates the rules
set forth in
subparts B and C of this part may be subject to
civil or criminal
penalties as provided for in 49 U.S.C. 521(b).
(b) Special penalties pertaining to violation of
out-of-service
orders--
(b) Special penalties pertaining to violation of
out-of-service
orders--(1) Driver violations. A driver who is
convicted of violating an
out-of-service order shall be subject to a civil
penalty of not less
than $1,100 nor more than $2,750, in addition to
disqualification under
Sec. 383.51(e).
(2) Employer violations. An employer who is
convicted of a violation
of Sec. 383.37(c) shall be subject to a civil
penalty of not less than
$2,750 nor more than $11,000.
(c) Special penalties pertaining to railroad-highway
grade crossing
violations. An employer who is convicted of a
violation of
Sec. 383.37(d) must be subject to a civil penalty of
not more than
$10,000.
Sec. 383.71 Driver application procedures.
Source: 53 FR 27649, July 21, 1988, unless otherwise
noted.
(a) Initial Commercial Driver's License. Prior to obtaining a
CDL, a
person must meet the following requirements:
(1) A person who operates or expects to operate in interstate
or
foreign commerce, or is otherwise subject to part
391 of this title,
shall certify that he/she meets the qualification
requirements contained
in part 391 of this title. A person who operates or
expects to operate
entirely in intrastate commerce and is not subject
to part 391, is
subject to State driver qualification requirements
and must certify that
he/she is not subject to part 391;
(2) Pass a knowledge test in accordance with the standards
contained
in subparts G and H of this part for the type of
motor vehicle the
person operates or expects to operate;
(3) Pass a driving or skills test in accordance with the
standards
contained in subparts G and H of this part taken in
a motor vehicle
which is representative of the type of motor vehicle
the person operates
or expects to operate; or provide evidence that
he/she has successfully
passed a driving test administered by an authorized
third party;
(4) Certify that the motor vehicle in which the person takes
the
driving skills test is representative of the type of
motor vehicle that
person operates or expects to operate;
(5) Provide to the State of issuance the information required
to be
included on the CDL as specified in subpart J of
this part;
(6) Certify that he/she is not subject to any
disqualification under
Sec. 383.51, or any license suspension, revocation,
or cancellation
under State law, and that he/she does not have a
driver's license from
more than one State or jurisdiction;
(7) Surrender the applicant's non-CDL driver's licenses to
the
State; and
(8) Provide the names of all States where the applicant has
previously been licensed to drive any type of motor
vehicle during the
previous 10 years.
(9) If applying for a hazardous materials endorsement, comply
with
Transportation Security Administration requirements
codified in 49 CFR
Part 1572, and provide proof of citizenship or
immigration status as
specified in Table 1 to this section. A lawful
permanent resident of the
United States requesting a hazardous materials
endorsement must
additionally provide his or her Bureau of
Citizenship and Immigration
Services (BCIS) Alien registration number.
Table 1 to Sec. 383.71--List of Acceptable
Proofs of Citizenship or Immigration
------------------------------------------------------------------------
Status
Proof of status
------------------------------------------------------------------------
U.S. Citizen............................
[sbull] U.S. Passport
[sbull] Certificate of birth
that bears an official seal
and was issued by a State,
county, municipal authority,
or outlying possession of the
United States
[sbull] Certification of Birth
Abroad issued by the U.S.
Department of State (Form FS-
545 or DS 1350)
[sbull] Certificate of
Naturalization (Form N-550 or
N-570)
[sbull] Certificate of U.S.
Citizenship (Form N-560 or N-
561)
Lawful Permanent Resident...............
[sbull] Permanent Resident
Card, Alien Registration
Receipt Card (Form I-551)
[sbull] Temporary I-551 stamp
in foreign passport
[sbull] Temporary I-551 stamp
on Form I-94, Arrival/
Departure Record, with
photograph of the bearer
[sbull] Reentry Permit (Form I-
327)
------------------------------------------------------------------------
(b) License transfer. When applying to transfer a CDL from
one State
of domicile to a new State domicile, an applicant
shall apply for a CDL
from the new State of domicile within no more than
30 days after
establishing his/her new domicile. The applicant
shall:
(1) Provide to the new State of domicile the certifications
contained in Sec. 383.71(a) (1) and (6):
(2) Provide to the new State of domicile updated information
as
specified in subpart J of this part;
(3) If the applicant wishes to retain a hazardous materials
endorsement, he/she must comply with the
requirements for such
endorsement specified in Sec. 383.71(a)(9) and State
requirements as
specified in Sec. 383.73(b)(4);
(4) Surrender the CDL from the old State of domicile to the
new
State of domicile; and
(5) Provide the names of all States where the applicant has
previously been licensed to drive any type of motor
vehicle during the
previous 10 years.
(c) License renewal. When applying for a renewal of a CDL,
all
applicants shall:
(1) Provide certification contained in Sec. 383.71(a)(1);
(2) Provide update information as specified in subpart J of
this
part; and
(3) If a person wishes to retain a hazardous materials
endorsement,
he/she must comply with the requirements specified
in Sec. 383.71(a)(9)
and pass the test specified in Sec. 383.121 for such
endorsement.
(4) Provide the names of all States where the applicant has
previously been licensed to drive any type of motor
vehicle during the
previous 10 years.
(d) License upgrades. When applying to operate a commercial
motor
vehicle in a different group or endorsement from the
group or
endorsement in which the applicant already has a
CDL, all persons shall:
(1) Provide the necessary certifications as specified in
Sec. 383.71(a)(1) and (a)(4);
(2) Pass all tests specified in Sec. 383.71(a)(2) and (a)(3)
for the
new vehicle group and/or different endorsements; and
(3) To obtain a hazardous materials endorsement, comply with
the
requirements for such endorsement specified in Sec.
383.71(a)(9).
(e) Nonresident CDL. When an applicant is domiciled in a
foreign
jurisdiction, as defined in Sec. 383.5, where the
commercial motor
vehicle operator testing and licensing standards do
not meet the
standards contained in subparts G and H of this
part, as determined by
the Administrator, such applicant shall obtain a
Nonresident CDL from a
State which meets such standards. Such applicant
shall:
(1) Complete the requirements to obtain a CDL contained in
Sec. 383.71(a); and
(2) After receipt of the CDL, and for as long as it is valid,
notify
the State which issued the CDL of any adverse action
taken by any
jurisdiction or governmental agency, foreign or
domestic, against his/
her driving privileges. Such adverse actions would
include but not be
limited to license suspension or revocation, or
disqualification from
operating a commercial motor vehicle for the
convictions described in
Sec. 383.51. Notifications shall be made within the
time periods
specified in Sec. 383.33.
(f) If a State uses the alternative method described in
Sec. 383.73(i) to achieve the objectives of the
certifications in
Sec. 383.71(a), then the driver applicant shall
satisfy such alternative
methods as are applicable to him/her with respect to
initial licensing,
license transfer, license renewal, and license
upgrades.
Sec. 383.72 Implied consent to alcohol testing.
Any person who holds a CDL is considered to have
consented to such
testing as is required by any State or jurisdiction
in the enforcement
of Sec. Sec. 383.51(b)(2)(i) and 392.5(a)(2) of this
chapter. Consent is
implied by driving a commercial motor vehicle.
Sec. 383.73 State procedures.
(a) Initial licensure. Prior to issuing a CDL to a
person, a State
shall:
(1) Require the driver applicant to certify, pass
tests, and provide
information as described in Secs. 383.71(a) (1)
through (6);
(2) Check that the vehicle in which the applicant
takes his/her test
is representative of the vehicle group the applicant
has certified that
he/she operates or expects to operate;
(3) Initiate and complete a check of the applicant's
driving record
to ensure that the person is not subject to any
disqualification under
Sec. 383.51, or any license suspension, revocation,
or cancellation
under State law, and that the person does not have a
driver's license
from more than one State or jurisdiction. The record
check must include,
but is not limited to, the following:
(i) A check of the applicant's driving record as
maintained by his/
her current State of licensure, if any;
(ii) A check with the CDLIS to determine whether the
driver
applicant already has been issued a CDL, whether the
applicant's license
has been suspended, revoked, or canceled, or if the
applicant has been
disqualified from operating a commercial motor
vehicle;
(iii) A check with the National Driver Register
(NDR) to determine
whether the driver applicant has:
(A) Been disqualified from operating a motor vehicle
(other than a
commercial motor vehicle);
(B) Had a license (other than CDL) suspended,
revoked, or canceled
for cause in the 3-year period ending on the date of
application; or
(C) Been convicted of any offenses contained in
section 205(a)(3) of
the National Driver Register Act of 1982 (23 U.S.C.
401 note); and
(iv) A request for the applicant's complete driving
record from all
States where the applicant was previously licensed
over the last 10
years to drive any type of motor vehicle. Exception:
A State is only
required to make the driving record check specified
in this paragraph
(a)(3) for drivers renewing a CDL for the first time
after September 30,
2002, provided a notation is made on the driver's
record confirming that
the driver record check required by this paragraph
(a)(3) has been made
and noting the date it was done; and
(4) Require the driver applicant to surrender
his/her driver's
license issued by another State, if he/she has moved
from another State.
(5) For persons applying for a hazardous materials
endorsement,
require compliance with the standards for such
endorsement specified in
Sec. 383.71(a)(9).
(b) License transfers. Prior to issuing a CDL to a
person who has a
CDL from another State, a State shall:
(1) Require the driver applicant to make the
certifications
contained in Sec. 383.71(a);
(2) Complete a check of the driver applicant's
record as contained
in Sec. 383.73(a)(3);
(3) Request and receive updates of information
specified in subpart
J of this part;
(4) If such applicant wishes to retain a hazardous
materials
endorsement, require compliance with standards for
such endorsement
specified in Sec. 383.71(a)(9) and ensure that the
driver has, within
the 2 years preceding the transfer, either:
(i) Passed the test for such endorsement specified
in Sec. 383.121;
or (ii) Successfully completed a hazardous materials
test or training
that is given by a third party and that is deemed by
the State to
substantially cover the same knowledge base as that
described in
Sec. 383.121; and
(5) Obtain the CDL issued by the applicant's
previous State of
domicile.
(c) License Renewals. Prior to renewing any CDL a
State shall:
(1) Require the driver applicant to make the
certifications
contained in Sec. 383.71(a);
(2) Complete a check of the driver applicant's
record as contained
in Sec. 383.73(a)(3);
(3) Request and receive updates of information
specified in subpart
J of this part; and
(4) If such applicant wishes to retain a hazardous
materials
endorsement, require the driver to pass the test
specified in
Sec. 383.121 and comply with the standards specified
in
Sec. 383.71(a)(9) for such endorsement.
(d) License upgrades. Prior to issuing an upgrade of
a CDL, a State
shall:
(1) Require such driver applicant to provide
certifications, pass
tests, and meet applicable hazardous materials
standards specified in
Sec. 383.71(d); and
(2) Complete a check of the driver applicant's
record as described
in Sec. 383.73(a)(3).
(e) Nonresident CDL. A State may issue a Nonresident
CDL to a person
domiciled in a foreign country if the Administrator
has determined that
the commercial motor vehicle testing and licensing
standards in the
foreign jurisdiction of domicile do not meet the
standards contained in
this part. State procedures for the issuance of a
nonresident CDL, for
any modifications thereto, and for notifications to
the CDLIS shall at a
minimum be identical to those pertaining to any
other CDL, with the
following exceptions:
(1) If the applicant is requesting a transfer of
his/her Nonresident
CDL, the State shall obtain the Nonresident CDL
currently held by the
applicant and issued by another State;
(2) The State shall add the word ``Nonresident'' to
the face of the
CDL, in accordance with Sec. 383.153(b); and
(3) The State shall have established, prior to
issuing any
Nonresident CDL, the practical capability of
disqualifying the holder of
any Nonresident CDL, by withdrawing, suspending,
canceling, and revoking
his/her Nonresident CDL as if the Nonresident CDL
were a CDL issued to a
resident of the State.
(f) License issuance. After the State has completed
the procedures
described in Sec. 383.73 (a), (b), (c), (d) or (e),
it may issue a CDL
to the driver applicant. The State shall notify the
operator of the
CDLIS of such issuance, transfer, renewal, or
upgrade within the 10-day
period beginning on the date of license issuance.
(g) Penalties for false information. If a State
determines, in its
check of an applicant's license status and record
prior to issuing a
CDL, or at any time after the CDL is issued, that
the applicant has
falsified information contained in subpart J of this
part or any of the
certifications required in Sec. 383.71(a), the State
shall at a minimum
suspend, cancel, or revoke the person's CDL or
his/her pending
application, or disqualify the person from operating
a commercial motor
vehicle for a period of at least 60 consecutive
days.
(h) Reciprocity. A State shall allow any person who
has a valid CDL
which is not suspended, revoked, or canceled, and
who is not
disqualified from operating a commercial motor
vehicle, to operate a
commercial motor vehicle in the State.
(i) Alternative procedures. A State may implement
alternative
procedures to the certification requirements of Sec.
383.71(a) (1), (4),
and (6), provided those procedures ensure that the
driver meets the
requirements of those paragraphs.
Sec. 383.75 Third party testing.
(a) Third party tests. A State may authorize a
person (including
another State, an employer, a private driver
training facility or other
private institution, or a department, agency or
instrumentality of a
local government) to administer the skills tests as
specified in
subparts G and H of this part, if the following
conditions are met:
(1) The tests given by the third party are the same
as those which
would otherwise be given by the State; and
(2) The third party as an agreement with the State
containing, at a
minimum, provisions that:
(i) Allow the FMCSA, or its representative, and the
State to conduct
random examinations, inspections and audits without
prior notice;
(ii) Require the State to conduct on-site
inspections at least
annually;
(iii) Require that all third party examiners meet
the same
qualification and training standards as State
examiners, to the extent
necessary to conduct skills tests in compliance with
subparts G and H;
(iv) Require that, at least on an annual basis,
State employees take
the tests actually administered by the third party
as if the State
employee were a test applicant, or that States test
a sample of drivers
who were examined by the third party to compare
pass/fail results; and
(v) Reserve unto the State the right to take prompt
and appropriate
remedial action against the third-party testers in
the event that the
third-party fails to comply with State or Federal
standards for the CDL
testing program, or with any other terms of the
third-party contract.
(b) Proof of testing by a third party. A driver
applicant who takes
and passes driving tests administered by an
authorized third party shall
provide evidence to the State licensing agency that
he/she has
successfully passed the driving tests administered
by the third party.
Sec. 383.77 Substitute for driving skills tests.
At the discretion of a State, the driving skill test
as specified in
Sec. 383.113 may be waived for a CMV operator who is
currently licensed
at the time of his/her application for a CDL, and
substituted with
either an applicant's driving record and previous
passage of an
acceptable skills test, or an applicant's driving
record in combination
with certain driving experience. The State shall
impose conditions and
limitations to restrict the applicants from whom a
State may accept
alternative requirements for the skills test
described in Sec. 383.113.
Such conditions must require at least the following:
(a) An applicant must certify that, during the
two-year period
immediately prior to applying for a CDL, he/she:
(1) Has not had more than one license (except in the
instances
specified in Sec. 383.21(b));
(2) Has not had any license suspended, revoked, or
canceled;
(3) Has not had any convictions for any type of
motor vehicle for
the disqualifying offenses contained in Sec.
383.51(b);
(4) Has not had more than one conviction for any
type of motor
vehicle for serious traffic violations; and
(5) Has not had any conviction for a violation of
State or local law
relating to motor vehicle traffic control (other
than a parking
violation) arising in connection with any traffic
accident, and has no
record of an accident in which he/she was at fault;
and
(b) An applicant must provide evidence and certify
that:
(1) He/she is regularly employed in a job requiring
operation of a
CMV, and that either:
(2) He/she has previously taken and passed a skills
test given by a
State with a classified licensing and testing
system, and that the test
was behind-the-wheel in a representative vehicle for
that applicant's
driver's license classification; or
(3) He/she has operated, for at least 2 years
immediately preceding
application for a CDL, a vehicle representative of
the commercial motor
vehicle the driver applicant operates or expects to
operate.
Sec. 383.91 Commercial motor vehicle groups.
Source: 53 FR 27651, July 21, 1988, unless otherwise noted.
(a) Vehicle group descriptions. Each driver
applicant must possess
and be tested on his/her knowledge and skills,
described in subpart G of
this part, for the commercial motor vehicle group(s)
for which he/she
desires a CDL. The commercial motor vehicle groups
are as follows:
(1) Combination vehicle (Group A)--Any combination
of vehicles with
a gross combination weight rating (GCWR) of 11,794
kilograms or more
(26,001 pounds or more) provided the GVWR of the
vehicle(s) being towed
is in excess of 4,536 kilograms (10,000 pounds).
(2) Heavy Straight Vehicle (Group B)--Any single
vehicle with a GVWR
of 11,794 kilograms or more (26,001 pounds or more),
or any such vehicle
towing a vehicle not in excess of 4,536 kilograms
(10,000 pounds) GVWR.
(3) Small Vehicle (Group C)--Any single vehicle, or
combination of
vehicles, that meets neither the definition of Group
A nor that of Group
B as contained in this section, but that either is
designed to transport
16 or more passengers including the driver, or is
used in the
transportation of materials found to be hazardous
for the purposes of
the Hazardous Materials Transportation Act and which
require the motor
vehicle to be placarded under the Hazardous
Materials Regulations (49
CFR part 172, subpart F).
(b) Representative vehicle. For purposes of taking
the driving test
in accordance with Sec. 383.113, a representative
vehicle for a given
vehicle group contained in Sec. 383.91(a), is any
commercial motor
vehicle which meets the definition of that vehicle
group.
(c) Relation between vehicle groups. Each driver
applicant who
desires to operate in a different commercial motor
vehicle group from
the one which his/her CDL authorizes shall be
required to retake and
pass all related tests, except the following:
(1) A driver who has passed the knowledge and skills
tests for a
combination vehicle (Group A) may operate a heavy
straight vehicle
(Group B) or a small vehicle (Group C), provided
that he/she possesses
the requisite endorsement(s); and
(2) A driver who has passed the knowledge and skills
tests for a
heavy straight vehicle (Group B) may operate any
small vehicle (Group
C), provided that he/she possesses the requisite
endorsement(s).
(d) Vehicle group illustration. Figure 1 illustrates
typical
vehicles within each of the vehicle groups defined
in this section.
Sec. 383.93 Endorsements.
(a) General. In addition to taking and passing the
knowledge and
skills tests described in subpart G of this part,
all persons who
operate or expect to operate the type(s) of motor
vehicles described in
paragraph (b) of this section shall take and pass
specialized tests to
obtain each endorsement. The State shall issue CDL
endorsements only to
drivers who successfully complete the tests.
(b) Endorsement descriptions. An operator must
obtain State-issued
endorsements to his/her CDL to operate commercial
motor vehicles which
are:
(1) Double/triple trailers;
(2) Passenger vehicles;
(3) Tank vehicles;
(4) Used to transport hazardous materials as defined
in Sec. 383.5,
or
(5) School buses.
(c) Endorsement testing requirements. The following
tests are
required for the endorsements contained in paragraph
(b) of this
section:
(1) Double/Triple Trailers--a knowledge test;
(2) Passenger--a knowledge and a skills test;
(3) Tank vehicle--a knowledge test;
(4) Hazardous Materials--a knowledge test; and
(5) School bus--a knowledge and a skills test.
Sec. 383.95 Air brake restrictions.
(a) If an applicant either fails the air brake
component of the
knowledge test, or performs the skills test in a
vehicle not equipped
with air brakes, the State shall indicate on the
CDL, if issued, that
the person is restricted from operating a CMV
equipped with air brakes.
(b) For the purposes of the skills test and the
restriction, air
brakes shall include any braking system operating
fully or partially on
the air brake principle.
Sec. 383.110 General requirement.
Source: 53 FR 27654, July 21, 1988, unless otherwise noted.
All drivers of commercial motor vehicles shall have
knowledge and
skills necessary to operate a commercial motor
vehicle safely as
contained in this subpart. A sample of the specific
types of items which
a State may wish to include in the knowledge and
skills tests that it
administers to CDL applicants is included in the
appendix to this
subpart G.
Sec. 383.111 Required knowledge.
All commercial motor vehicle operators must have
knowledge of the
following general areas:
(a) Safe operations regulations. Driver-related
elements of the
regulations contained in 49 CFR parts 382, 391, 392,
393, 395, 396, and
397, such as: Motor vehicle inspection, repair, and
maintenance
requirements; procedures for safe vehicle
operations; the effects of
fatigue, poor vision, hearing, and general health
upon safe commercial
motor vehicle operation; the types of motor vehicles
and cargoes subject
to the requirements; and the effects of alcohol and
drug use upon safe
commercial motor vehicle operations.
(b) Commercial motor vehicle safety control systems.
Proper use of
the motor vehicle's safety system, including lights,
horns, side and
rear-view mirrors, proper mirror adjustments, fire
extinguishers,
symptoms of improper operation revealed through
instruments, motor
vehicle operation characteristics, and diagnosing
malfunctions.
Commercial motor vehicle drivers shall have
knowledge on the correct
procedures needed to use these safety systems in an
emergency situation,
e.g., skids and loss of brakes.
(c) Safe vehicle control--(1) Control systems The
purpose and
function of the controls and instruments commonly
found on commercial
motor vehicles.
(2) Basic control. The proper procedures for
performing various
basic maneuvers.
(3) Shifting. The basic shifting rules and terms, as
well as shift
patterns and procedures for common transmissions.
(4) Backing. The procedures and rules for various
backing maneuvers.
(5) Visual search. The importance of proper visual
search, and
proper visual search methods.
(6) Communication. The principles and procedures for
proper
communications and the hazards of failure to signal
properly.
(7) Speed management. The importance of
understanding the effects of
speed.
(8) Space management. The procedures and techniques
for controlling
the space around the vehicle.
(9) Night operation. Preparations and procedures for
night driving.
(10) Extreme driving conditions. The basic
information on operating
in extreme driving conditions and the hazards that
are encountered in
extreme conditions.
(11) Hazard perceptions. The basic information on
hazard perception
and clues for recognition of hazards.
(12) Emergency maneuvers. The basic information
concerning when and
how to make emergency maneuvers.
(13) Skid control and recovery. The information on
the causes and
major types of skids, as well as the procedures for
recovering from
skids.
(d) Relationship of cargo to vehicle control. The
principles and
procedures for the proper handling of cargo.
(e) Vehicle inspections: The objectives and proper
procedures for
performing vehicle safety inspections, as follows:
(1) The importance of periodic inspection and repair
to vehicle
safety.
(2) The effect of undiscovered malfunctions upon
safety.
(3) What safety-related parts to look for when
inspecting vehicles.
(4) Pre-trip/enroute/post-trip inspection
procedures.
(5) Reporting findings.
(f) Hazardous materials knowledge, such as: What
constitutes
hazardous material requiring an endorsement to
transport; classes of
hazardous materials; labeling/placarding
requirements; and the need for
specialized training as a prerequisite to receiving
the endorsement and
transporting hazardous cargoes.
(g) Air brake knowledge as follows:
(1) Air brake system nomenclature;
(2) The dangers of contaminated air supply;
(3) Implications of severed or disconnected air
lines between the
power unit and the trailer(s);
(4) Implications of low air pressure readings;
(5) Procedures to conduct safe and accurate pre-trip
inspections.
(6) Procedures for conducting enroute and post-trip
inspections of
air actuated brake systems, including ability to
detect defects which
may cause the system to fail.
(h) Operators for the combination vehicle group
shall also have
knowledge of:
(1) Coupling and uncoupling--The procedures for
proper coupling and
uncoupling a tractor to semi-trailer.
(2) Vehicle inspection--The objectives and proper
procedures that
are unique for performing vehicle safety inspections
on combination
vehicles.
Sec. 383.113 Required skills.
(a) Basic vehicle control skills. All applicants for
a CDL must
possess and demonstrate basic motor vehicle control
skills for each
vehicle group which the driver operates or expects
to operate. These
skills should include the ability to start, to stop,
and to move the
vehicle forward and backward in a safe manner.
(b) Safe driving skills. All applicants for a CDL
must possess and
demonstrate the safe driving skills for their
vehicle group. These
skills should include proper visual search methods,
appropriate use of
signals, speed control for weather and traffic
conditions, and ability
to position the motor vehicle correctly when
changing lanes or turning.
(c) Air brake skills. Except as provided in Sec.
393.95, all
applicants shall demonstrate the following skills
with respect to
inspection and operation of air brakes:
(1) Pre-trip inspection skills. Applicants shall
demonstrate the
skills necessary to conduct a pre-trip inspection
which includes the
ability to:
(i) Locate and verbally identify air brake operating
controls and
monitoring devices;
(ii) Determine the motor vehicle's brake system
condition for proper
adjustments and that air system connections between
motor vehicles have
been properly made and secured;
(iii) Inspect the low pressure warning device(s) to
ensure that they
will activate in emergency situations;
(iv) Ascertain, with the engine running, that the
system maintains
an adequate supply of compressed air;
(v) Determine that required minimum air pressure
build up time is
within acceptable limits and that required alarms
and emergency devices
automatically deactivate at the proper pressure
level; and
(vi) Operationally check the brake system for proper
performance.
(2) Driving skills. Applicants shall successfully
complete the
skills tests contained in Sec. 383.113 in a
representative vehicle
equipped with air brakes.
(d) Test area. Skills tests shall be conducted in
on-street
conditions or under a combination of on-street and
off-street
conditions.
(e) Simulation technology. A State may utilize
simulators to perform
skills testing, but under no circumstances as a
substitute for the
required testing in on-street conditions.
Sec. 383.115 Requirements for double/triple trailers endorsement.
In order to obtain a Double/Triple Trailers
endorsement each
applicant must have knowledge covering:
(a) Procedures for assembly and hookup of the units;
(b) Proper placement of heaviest trailer;
(c) Handling and stability characteristics including
off-tracking,
response to steering, sensory feedback, braking,
oscillatory sway,
rollover in steady turns, yaw stability in steady
turns; and
(d) Potential problems in traffic operations,
including problems the
motor vehicle creates for other motorists due to
slower speeds on steep
grades, longer passing times, possibility for
blocking entry of other
motor vehicles on freeways, splash and spray
impacts, aerodynamic
buffeting, view blockages, and lateral placement.
Sec. 383.117 Requirements for passenger endorsement.
An applicant for the passenger endorsement must
satisfy both of the
following additional knowledge and skills test
requirements.
(a) Knowledge test. All applicants for the passenger
endorsement
must have knowledge covering at least the following
topics:
(1) Proper procedures for loading/unloading
passengers;
(2) Proper use of emergency exits, including
push-out windows;
(3) Proper responses to such emergency situations as
fires and
unruly passengers;
(4) Proper procedures at railroad crossings and
drawbridges; and
(5) Proper braking procedures.
(b) Skills test. To obtain a passenger endorsement
applicable to a
specific vehicle group, an applicant must take
his/her skills test in a
passenger vehicle satisfying the requirements of
that group as defined
in Sec. 383.91.
Sec. 383.119 Requirements for tank vehicle endorsement.
In order to obtain a Tank Vehicle Endorsement, each
applicant must
have knowledge covering the following:
(a) Causes, prevention, and effects of cargo surge
on motor vehicle
handling;
(b) Proper braking procedures for the motor vehicle
when it is
empty, full and partially full;
(c) Differences in handling of baffled/compartmental
tank interiors
versus non-baffled motor vehicles;
(d) Differences in tank vehicle type and
construction;
(e) Differences in cargo surge for liquids of
varying product
densities;
(f) Effects of road grade and curvature on motor
vehicle handling
with filled, half-filled and empty tanks;
(g) Proper use of emergency systems; and
(h) For drivers of DOT specification tank vehicles,
retest and
marking requirements.
Sec. 383.121 Requirements for hazardous materials endorsement.
In order to obtain a Hazardous Material Endorsement
each applicant
must have such knowledge as is required of a driver
of a hazardous
materials laden vehicle, from information contained
in 49 CFR parts 171,
172, 173, 177, 178, and 397 on the following:
(a) Hazardous materials regulations including:
(1) Hazardous materials table;
(2) Shipping paper requirements;
(3) Marking;
(4) Labeling;
(5) Placarding requirements;
(6) Hazardous materials packaging;
(7) Hazardous materials definitions and preparation;
(8) Other regulated material (e.g., ORM-D);
(9) Reporting hazardous materials accidents; and
(10) Tunnels and railroad crossings.
(b) Hazardous materials handling including:
(1) Forbidden Materials and Packages;
(2) Loading and Unloading Materials;
(3) Cargo Segregation;
(4) Passenger Carrying Buses and Hazardous
Materials;
(5) Attendance of Motor Vehicles;
(6) Parking;
(7) Routes;
(8) Cargo Tanks; and
(9) ``Safe Havens.''
(c) Operation of emergency equipment including:
(1) Use of equipment to protect the public;
(2) Special precautions for equipment to be used in
fires;
(3) Special precautions for use of emergency
equipment when loading
or unloading a hazardous materials laden motor
vehicle; and
(4) Use of emergency equipment for tank vehicles.
(d) Emergency response procedures including:
(1) Special care and precautions for different types
of accidents;
(2) Special precautions for driving near a fire and
carrying
hazardous materials, and smoking and carrying
hazardous materials;
(3) Emergency procedures; and
(4) Existence of special requirements for
transporting Class A and B
explosives.
Sec. 383.123 Requirements for a school bus endorsement.
(a) An applicant for a school bus endorsement must
satisfy the
following three requirements:
(1) Qualify for passenger vehicle endorsement. Pass
the knowledge
and skills test for obtaining a passenger vehicle
endorsement.
(2) Knowledge test. Must have knowledge covering at
least the
following three topics:
(i) Loading and unloading children, including the
safe operation of
stop signal devices, external mirror systems,
flashing lights and other
warning and passenger safety devices required for
school buses by State
or Federal law or regulation.
(ii) Emergency exits and procedures for safely
evacuating passengers
in an emergency.
(iii) State and Federal laws and regulations related
to safely
traversing highway rail grade crossings.
(3) Skills test. Must take a driving skills test in
a school bus of
the same vehicle group (see Sec. 383.91(a)) as the
school bus applicant
will drive.
(b) Substitute for driving skills test. (1) At the
discretion of a
State, the driving skills test required in paragraph
(a)(3) of this
section may be waived for an applicant who is
currently licensed, has
experience driving a school bus, has a good driving
record, and meets
the conditions set forth in paragraph (b)(2) of this
section.
(2) An applicant must certify and the State must
verify that, during
the two-year period immediately prior to applying
for the school bus
endorsement, the applicant:
(i) Held a valid CDL with a passenger vehicle
endorsement to operate
a school bus representative of the group he or she
will be driving;
(ii) Has not had his or her driver's license or CDL
suspended,
revoked or canceled or been disqualified from
operating a CMV;
(iii) Has not been convicted of any of the
disqualifying offenses in
Sec. 383.51(b) while operating a CMV or of any
offense in a non-CMV that would be
disqualifying under Sec. 383.51(b) if committed in a
CMV;
(iv) Has not had more than one conviction of any of
the serious
traffic violations defined in Sec. 383.5, while
operating any type motor
vehicle;
(v) Has not had any conviction for a violation of
State or local law
relating to motor vehicle traffic control (other
than a parking
violation) arising in connection with any traffic
accident;
(vi) Has not been convicted of any motor vehicle
traffic violation
that resulted in an accident; and
(vii) Has been regularly employed as a school bus
driver, has
operated a school bus representative of the group
the applicant seeks to
drive, and provides evidence of such employment.
(3) After September 30, 2005 the provisions in
paragraph (b) of this
section do not apply.
Appendix to Subpart G of Part 383--Required Knowledge and Skills--Sample
Guidelines
The following is a sample of the specific types of
items which a
State may wish to include in the knowledge and
skills tests that it
administers to CDL applicants. This appendix closely
follows the
framework of Secs. 383.111 and 383.113. It is
intended to provide more
specific guidance and suggestion to States.
Additional detail in this
appendix is not binding and States may depart from
it at their
discretion provided their CDL program tests for the
general areas of
knowledge and skill specified in Secs. 383.111 and
383.113.
Examples of specific knowledge elements
(a) Safe operations regulations. Driver-related
elements of the
following regulations:
(1) Motor vehicle inspection, repair, and
maintenance requirements
as contained in parts 393 and 396 of this title;
(2) Procedures for safe vehicle operations as
contained in part 392
of this title;
(3) The effects of fatigue, poor vision, hearing,
and general health
upon safe commercial motor vehicle operation as
contained in parts 391,
392, and 395 of this title;
(4) The types of motor vehicles and cargoes subject
to the
requirements contained in part 397 of this title;
and
(5) The effects of alcohol and drug use upon safe
commercial motor
vehicle operations as contained in parts 391 and 395
of this title.
(b) Commercial motor vehicle safety control systems.
Proper use of
the motor vehicle's safety system, including lights,
horns, side and
rear-view mirrors, proper mirror adjustments, fire
extinguishers,
symptoms of improper operation revealed through
instruments, motor
vehicle operation characteristics, and diagnosing
malfunctions.
Commercial motor vehicle drivers shall have
knowledge on the correct
procedures needed to use these safety systems in an
emergency situation,
e.g., skids and loss of brakes.
(c) Safe vehicle control--(1) Control systems. The
purpose and
function of the controls and instruments commonly
found on commercial
motor vehicles.
(2) Basic control. The proper procedures for
performing various
basic maneuvers, including:
(i) Starting, warming up, and shutting down the
engine;
(ii) Putting the vehicle in motion and stopping;
(iii) Backing in a straight line; and
(iv) Turning the vehicle, e.g., basic rules,
off-tracking, right/
left turns and right curves.
(3) Shifting. The basic shifting rules and terms, as
well as shift
patterns and procedures for common transmissions,
including:
(i) Key elements of shifting, e.g., controls, when
to shift and
double clutching;
(ii) Shift patterns and procedures; and
(iii) Consequences of improper shifting.
(4) Backing. The procedures and rules for various
backing maneuvers,
including:
(i) Backing principles and rules; and
(ii) Basic backing maneuvers, e.g., straight-line
backing, and
backing on a curved path.
(5) Visual search. The importance of proper visual
search, and
proper visual search methods, including:
(i) Seeing ahead and to the sides;
(ii) Use of mirrors; and
(iii) Seeing to the rear.
(6) Communication. The principles and procedures for
proper
communications and the hazards of failure to signal
properly, including:
(i) Signaling intent, e.g., signaling when changing
speed or
direction in traffic;
(ii) Communicating presence, e.g., using horn or
lights to signal
presence; and
(iii) Misuse of communications.
(7) Speed management. The importance of
understanding the effects of
speed, including:
(i) Speed and stopping distance;
(ii) Speed and surface conditions;
(iii) Speed and the shape of the road;
(iv) Speed and visibility; and
(v) Speed and traffic flow.
(8) Space management. The procedures and techniques
for controlling
the space around the vehicle, including:
(i) The importance of space management;
(ii) Space cushions, e.g., controlling space
ahead/to the rear;
(iii) Space to the sides; and
(iv) Space for traffic gaps.
(9) Night operation. Preparations and procedures for
night driving,
including:
(i) Night driving factors, e.g., driver factors,
(vision, glare,
fatigue, inexperience), roadway factors, (low
illumination, variation in
illumination, familiarity with roads, other road
users, especially
drivers exhibiting erratic or improper driving),
vehicle factors
(headlights, auxiliary lights, turn signals,
windshields and mirrors);
and
(ii) Night driving procedures, e.g., preparing to
drive at night and
driving at night.
(10) Extreme driving conditions. The basic
information on operating
in extreme driving conditions and the hazards that
are encountered in
extreme conditions, including:
(i) Adverse weather;
(ii) Hot weather; and
(iii) Mountain driving.
(11) Hazard perceptions. The basic information on
hazard perception
and clues for recognition of hazards, including:
(i) Importance of hazards recognition;
(ii) Road characteristics; and
(iii) Road user activities.
(12) Emergency maneuvers. The basic information
concerning when and
how to make emergency maneuvers, including:
(i) Evasive steering;
(ii) Emergency stop;
(iii) Off-road recovery;
(iv) Brake failure; and
(v) Blowouts.
(13) Skid control and recovery. The information on
the causes and
major types of skids, as well as the procedures for
recovering from
skids.
(d) Relationship of cargo to vehicle control. The
principles and
procedures for the proper handling of cargo,
including:
(1) The importance of proper cargo handling, e.g.,
consequences of
improperly secured cargo, drivers' responsibilities,
Federal/State and
local regulations.
(2) Principles of weight distribution.
(3) Principles and methods of cargo securement.
(e) Vehicle inspections: The objectives and proper
procedures for
performing vehicle safety inspections, as follows:
(1) The importance of periodic inspection and repair
to vehicle
safety and to prevention of enroute breakdowns.
(2) The effect of undiscovered malfunctions upon
safety.
(3) What safety-related parts to look for when
inspecting vehicles,
e.g., fluid leaks, interference with visibility, bad
tires, wheel and
rim defects, braking system defects, steering system
defects, suspension
system defects, exhaust system defects, coupling
system defects, and
cargo problems.
(4) Pre-trip/enroute/post-trip inspection
procedures.
(5) Reporting findings.
(f) Hazardous materials knowledge, as follows:
(1) What constitutes hazardous material requiring an
endorsement to
transport; and
(2) Classes of hazardous materials,
labeling/placarding
requirements, and the need for specialized training
as a prerequisite to
receiving the endorsement and transporting hazardous
cargoes.
(g) Air brake knowledge as follows:
(1) General air brake system nomenclature;
(2) The dangers of contaminated air (dirt, moisture
and oil) supply;
(3) Implications of severed or disconnected air
lines between the
power unit and the trailer(s);
(4) Implications of low air pressure readings;
(5) Procedures to conduct safe and accurate pre-trip
inspections,
including knowledge about:
(i) Automatic fail-safe devices;
(ii) System monitoring devices; and
(iii) Low pressure warning alarms.
(6) Procedures for conducting enroute and post-trip
inspections of
air actuated brake systems, including ability to
detect defects which
may cause the system to fail, including:
(i) Tests which indicate the amount of air loss from
the braking
system within a specified period, with and without
the engine running;
and
(ii) Tests which indicate the pressure levels at
which the low air
pressure warning devices and the tractor protection
valve should
activate.
(h) Operators for the combination vehicle group
shall also have
knowledge of:
(1) Coupling and uncoupling. The procedures for
proper coupling and
uncoupling a tractor to semi-trailer.
(2) Vehicle inspection--The objectives and proper
procedures that
are unique for performing vehicle safety inspections
on combination
vehicles.
Examples of Specific Skills Elements
These examples relate to paragraphs (a) and (b) of
Sec. 383.113
only.
(a) Basic vehicle control skills. All applicants for
a CDL must
possess and demonstrate the following basic motor
vehicle control skills
for each vehicle group which the driver operates or
expects to operate.
These skills shall include:
(1) Ability to start, warm-up, and shut down the
engine;
(2) Ability to put the motor vehicle in motion and
accelerate
smoothly, forward and backward;
(3) Ability to bring the motor vehicle to a smooth
stop;
(4) Ability to back the motor vehicle in a straight
line, and check
path and clearance while backing;
(5) Ability to position the motor vehicle to
negotiate and then make
left and right turns;
(6) Ability to shift as required and select
appropriate gear for
speed and highway conditions;
(7) Ability to back along a curved path; and
(8) Ability to observe the road and the behavior of
other motor
vehicles, particularly before changing speed and
direction.
(b) Safe driving skills. All applicants for a CDL
must possess and
demonstrate the following safe driving skills for
any vehicle group.
These skills shall include:
(1) Ability to use proper visual search methods.
(2) Ability to signal appropriately when changing
speed or direction
in traffic.
(3) Ability to adjust speed to the configuration and
condition of
the roadway, weather and visibility conditions,
traffic conditions, and
motor vehicle, cargo and driver conditions;
(4) Ability to choose a safe gap for changing lanes,
passing other
vehicles, as well as for crossing or entering
traffic;
(5) Ability to position the motor vehicle correctly
before and
during a turn to prevent other vehicles from passing
on the wrong side
as well as to prevent problems caused by
off-tracking;
(6) Ability to maintain a safe following distance
depending on the
condition of the road, on visibility, and on vehicle
weight; and
(7) Ability to adjust operation of the motor vehicle
to prevailing
weather conditions including speed selection,
braking, direction changes
and following distance to maintain control.
Sec. 383.131 Test procedures.
Source: 53 FR 27657, July 21, 1988, unless otherwise
noted.
(a) Driver information manuals. Information on how
to obtain a CDL
and endorsements shall be included in manuals and
made available by
States to CDL applicants. All information provided
to the applicant
shall include the following:
(1) Information on the requirements described in
Sec. 383.71, the
implied consent to alcohol testing described in Sec.
383.72, the
procedures and penalties, contained in Sec.
383.51(b) to which a CDL
holder is exposed for refusal to comply with such
alcohol testing, State
procedures described in Sec. 383.73, and other
appropriate driver
information contained in subpart E of this part;
(2) Information on vehicle groups and endorsements
as specified in
subpart F of this part;
(3) The substance of the knowledge and skills which
drivers shall
have as outlined in subpart G of this part for the
different vehicle
groups and endorsements;
(4) Details of testing procedures, including the
purpose of the
tests, how to respond, any time limits for taking
the test, and any
other special procedures determined by the State of
issuance; and
(5) Directions for taking the tests.
(b) Examiner procedures. A State shall provide to
test examiners
details on testing and any other State-imposed
requirements in the
examiner's manual, and shall ensure that examiners
are qualified to
administer tests on the basis of training and/or
other experience.
States shall provide standardized scoring sheets for
the skills tests,
as well as standardized driving instructions for the
applicants. Such
examiners' manuals shall contain the following:
(1) Information on driver application procedures
contained in
Sec. 383.71, State procedures described in Sec.
383.73, and other
appropriate driver information contained in subpart
E of this part;
(2) Details on information which must be given to
the applicant;
(3) Details on how to conduct the tests;
(4) Scoring procedures and minimum passing scores;
(5) Information for selecting driving test routes;
(6) List of the skills to be tested;
(7) Instructions on where and how the skills will be
tested;
(8) How performance of the skills will be scored;
and
(9) Causes for automatic failure of skills tests.
Sec. 383.133 Testing methods.
(a) All tests shall be constructed in such a way as
to determine if
the applicant possesses the required knowledge and
skills contained in
subpart G of this part for the type of motor vehicle
or endorsement the applicant wishes to obtain.
(b) States shall develop their own specifications
for the tests for
each vehicle group and endorsement which must be at
least as stringent
as the Federal standards.
(c) States shall determine specific methods for
scoring the
knowledge and skills tests.
(d) Passing scores must meet those standards
contained in
Sec. 383.135.
(e) Knowledge and skills tests shall be based solely
on the
information contained in the driver manuals referred
to in
Sec. 383.131(a).
(f) Each knowledge test shall be valid and reliable
so as to assure
that driver applicants possess the knowledge
required under
Sec. 383.111.
(g) Each basic knowledge test, i.e., the test
covering the areas
referred to in Sec. 383.111 for the applicable
vehicle group, shall
contain at least 30 items, exclusive of the number
of items testing air
brake knowledge. Each endorsement knowledge test,
and the air brake
component of the basic knowledge test as described
in Sec. 383.111(g),
shall contain a number of questions that is
sufficient to test the
driver applicant's knowledge of the required subject
matter with
validity and reliability.
(h) The skills tests shall have administrative
procedures, designed
to achieve interexaminer reliability, that are
sufficient to ensure
fairness of pass/fail rates.
Sec. 383.135 Minimum passing scores.
(a) The driver applicant must correctly answer at
least 80 percent
of the questions on each knowledge test in order to
achieve a passing
score on such knowledge test.
(b) To achieve a passing score on the skills test,
the driver
applicant must demonstrate that he/she can
successfully perform all of
the skills listed in Sec. 383.113.
(c) If the driver applicant does not obey traffic
laws, or causes an
accident during the test, he/she shall automatically
fail the test.
(d) The scoring of the basic knowledge and skills
tests shall be
adjusted as follows to allow for the air brake
restriction
(Sec. 383.95):
(1) If the applicant scores less than 80 percent on
the air brake
component of the basic knowledge test as described
in Sec. 383.111(g),
the driver will have failed the air brake component
and, if the driver
is issued a CDL, an air brake restriction shall be
indicated on the
license; and
(2) If the applicant performs the skills test in a
vehicle not
equipped with air brakes, the driver will have
omitted the air brake
component as described in Sec. 383.113(c) and, if
the driver is issued a
CDL, the air brake restriction shall be indicated on
the license.
Sec. 383.141 General.
(a) Applicability date. Beginning on November 3,
2003, this section
applies to State agencies responsible for issuing
hazardous materials
endorsements for a CDL, and applicants for such
endorsements.
(b) Prohibition. A State may not issue, renew,
upgrade, or transfer
a hazardous materials endorsement for a CDL to any
individual
authorizing that individual to operate a commercial
motor vehicle
transporting a hazardous material in commerce unless
the Transportation
Security Administration has determined that the
individual does not pose
a security risk warranting denial of the
endorsement.
(c) Individual notification. At least 180 days prior
to the
expiration date of the CDL or hazardous materials
endorsement, a State
must notify the holder of a hazardous materials
endorsement that the
individual must pass a Transportation Security
Administration security
screening process as part of any application for
renewal of the
hazardous materials endorsement. Before November 3,
2003, a State must
give the holder of a hazardous materials endorsement
as much advance
notice as practicable. The notice must advise a
driver that, in order to
expedite the security screening process, he or she
should file a renewal
application as soon as possible, but not later than
90 days before the date of expiration of the
endorsement. An individual who does not successfully
complete the Transportation Security Administration
security screening process referenced in paragraph
(b) of
this section may not be issued a hazardous materials
endorsement.
(d) Hazardous materials endorsement renewal cycle.
Each State must
require that hazardous materials endorsements be
renewed every 5 years
or less so that individuals are subject to a
Transportation Security
Administration security screening requirement
referenced in paragraph
(b) of this section at least every 5 years.
Sec. 383.151 General.
Source: 53 FR 27657, July 21, 1988, unless otherwise noted.
The CDL shall be a document that is easy to
recognize as a CDL. At a
minimum, the document shall contain information
specified in
Sec. 383.153.
Sec. 383.153 Information on the document and application.
(a) All CDLs shall contain the following
information:
(1) The prominent statement that the license is a
``Commercial
Driver's License'' or ``CDL,'' except as specified
in Sec. 383.153(b).
(2) The full name, signature, and mailing address of
the person to
whom such license is issued;
(3) Physical and other information to identify and
describe such
person including date of birth (month, day, and
year), sex, and height;
(4) Color photograph of the driver;
(5) The driver's State license number;
(6) The name of the State which issued the license;
(7) The date of issuance and the date of expiration
of the license;
(8) The group or groups of commercial motor
vehicle(s) that the
driver is authorized to operate, indicated as
follows:
(i) A for Combination Vehicle;
(ii) B for Heavy Straight Vehicle; and
(iii) C for Small Vehicle.
(9) The endorsement(s) for which the driver has
qualified, if any,
indicated as follows:
(i) T for double/triple trailers;
(ii) P for passenger;
(iii) N for tank vehicle;
(iv) H for hazardous materials;
(v) X for a combination of tank vehicle and
hazardous materials
endorsements;
(vi) S for school bus; and
(vii) At the discretion of the State, additional
codes for
additional groupings of endorsements, as long as
each such discretionary
code is fully explained on the front or back of the
CDL document.
(b) If the CDL is a Nonresident CDL, it shall
contain the prominent
statement that the license is a ``Nonresident
Commercial Driver's
License'' or ``Nonresident CDL.'' The word
``Nonresident'' must be
conspicuously and unmistakably displayed, but may be
noncontiguous with
the words ``Commercial Driver's License'' or
``CDL.''
(c) If the State has issued the applicant an air
brake restriction
as specified in Sec. 383.95, that restriction must
be indicated on the
license.
(d) Except in the case of a Nonresident CDL:
(1) A driver applicant must provide his/her Social
Security Number
on the application of a CDL; and
(2) The State must provide the Social Security
Number to the CDLIS.
Sec. 383.155 Tamperproofing requirements.
States shall make the CDL tamperproof to the maximum
extent
practicable. At a minimum, a State shall use the
same tamperproof method
used for noncommercial drivers' licenses.
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