Summary of Regulations for Commercial Driver s Licenses from the Federal Motor Carrier Safety Administration (Excerpts 2010)

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Jacob Lane
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1 Summary f Regulatins fr Cmmercial Driver s Licenses frm the Federal Mtr Carrier Safety Administratin (Excerpts 2010) Classes f License: The Federal standard requires States t issue a CDL t drivers accrding t the fllwing license classificatins: Class A -- Any cmbinatin f vehicles with a GCWR f 26,001 r mre punds prvided the GVWR f the vehicle(s) being twed is in excess f 10,000 punds. Class B -- Any single vehicle with a GVWR f 26,001 r mre punds, r any such vehicle twing a vehicle nt in excess f 10,000 punds GVWR. Class C -- Any single vehicle, r cmbinatin f vehicles, that des nt meet the definitin f Class A r Class B, but is either designed t transprt 16 r mre passengers, including the driver, r is transprting material that has been designated as hazardus under 49 U.S.C and is required t be placarded under subpart F f 49 CFR Part 172 r is transprting any quantity f a material listed as a select agent r txin in 42 CFR Part 73. Endrsements and Restrictins: Drivers wh perate special types f CMVs als need t pass additinal tests t btain any f the fllwing endrsements n their CDL: T - Duble/Triple Trailers (Knwledge test nly) P - Passenger (Knwledge and Skills Tests) N - Tank Vehicle (Knwledge Test nly) H - Hazardus Materials (Knwledge Test and TSA Threat Assessment) X - Cmbinatin f Tank Vehicle and Hazardus Materials S - Schl Bus (Knwledge and Skills Tests) If a driver either fails the air brake cmpnent f the general knwledge test r perfrms the skills test in a vehicle nt equipped with air brakes, the driver is issued an air brake restrictin, restricting the driver frm perating a CMV equipped with air brakes. A driver must take the skills test in a mtr vehicle which represents the type f mtr vehicle that a driver applicant perates r expects t perate as defined by the vehicle classicatins described abve. While these classificatins are general fr the class f vehicle, additinal requirements exist fr the passenger and schl bus endrsements. T btain a passenger endrsement, the driver must test in a passenger vehicle. T btain a schl bus endrsement, the driver must test in a passenger vehicle equipped with schl bus features (lights, signs, etc). If a driver pssesses a Class A CDL, but btains his r her passenger r schl bus endrsement in a Class B vehicle the State must place a M restrictin indicating that the driver can nly perate Class B and C passenger vehicle r schl buses. If a driver pssesses a Class B CDL, but btains his r her passenger r schl bus endrsement in a Class C vehicle, the State must place

2 a N restrictin indicating that the driver can nly perate Class C passenger vehicle r schl buses. THE STATES Certificatins and Recrd checks: When an individual applies fr a CDL, r attempts t renew r update his r her CDL, the State must perfrm a check f its wn database, the Cmmercial Driver's License Infrmatin System (CDLIS), and the Natinal Driver Register (NDR), t ensure the driver is nt disqualified and des nt pssess a license frm mre than ne jurisdictin. If the driver pssesses a license frm anther jurisdictin, the State must require the driver applicant t surrender his/her driver's license issued by that State befre issuing a new license. The State must request the cmplete driving recrd f the applicant frm all jurisdictins where the driver was previusly licensed in the past 10 years. Beginning January 30, 2012, fr each peratr f a cmmercial mtr vehichle required t have a cmmercial driver's license, the current licensing States must: Require drivers t certify the type f peratin the driver expects t cnduct and pst the driver's self-certificatin t the driver histry recrd; Retain the riginal r a cpy f the medical certificate f any driver required t prvide dcumentatin f physical qualificatin fr three years beynd the date the certificate was issued; and Pst the infrmatin frm the medical examiner's certificate within 10 business days t the CDLIS driver recrd. Within 10 calendar days f receiving infrmatin frm FMCSA regarding issuance r renewal f a medical variance fr a driver, the State must update the CDLIS driver recrd t include the medical variance infrmatin prvided by FMCSA. Within 10 calendar days f the driver's medical certificatin status expiring r a medical variance expiring r being rescinded, the State must: Update the medical certificatin status f that driver as "nt-certified." Ntify the CDL hlder f his r her CDL "nt-certified" medical certificatin status and that the CDL privilege will be remved frm the driver license unless the driver submits a current medical certificate and/r medical variance, r changes his r her self-certificatin t driving nly in excepted r intrastate cmmerce (if permitted by the State). Initiate established State prcedures fr dwngrading the license. The CDL dwngrade must be cmpleted and recrded within 60 days f the driver's medical certificatin status becming "nt-certified" t perate a CMV. Fr persns applying fr a hazardus materials endrsement, require cmpliance with the standards fr such endrsement specified in Transprtatin Security Administratin requirements, and prvide prf f citizenship r immigratin status. A lawful permanent

3 resident f the United States requesting a hazardus materials endrsement must additinally prvide his r her Bureau f Citizenship and Immigratin Services (BCIS) Alien registratin number. If a State determines, in its check f an applicant's license status and recrd prir t issuing a CDL, r at any time after the CDL is issued, that the applicant has falsified infrmatin r any f the required certificatins, the State shall at a minimum suspend, cancel, r revke the persn s CDL r his/her pending applicatin, r disqualify the persn frm perating a cmmercial mtr vehicle fr a perid f at least 60 cnsecutive days. Knwledge & Skills Tests: States develp their wn tests which must meet the minimum Federal standards prvided fr in Subpart G and H f 49 CFR Part 383. Mdel driver and examiner manuals and tests have been prepared and distributed t the States t use, if they wish. Each basic knwledge test, i.e., the test cvering the areas referred t in 49 CFR fr the applicable vehicle grup, shall cntain at least 30 items, exclusive f the number f items testing air brake knwledge. T pass the knwledge tests (general and endrsement), applicants must crrectly answer at least 80 percent f the questins. T pass the skills test, applicants must successfully perfrm all the required skills (listed in 49 CFR thrugh 49 CFR ). The skills test must be taken in a vehicle representative f the type f vehicle that the applicant perates r expects t perate. Depending n the type f passenger vehicle used in the skills test, the fllwing restrictins must be added t the license: except Class A bus r except Class A and Class B bus. Require the driver applicant t surrender his/her driver's license issued by anther State, if he/she has mved frm anther State. Third Party Skills Testing: A State may authrize a persn (including anther State, an emplyer, a private driver training facility r ther private institutin, r a department, agency r instrumentality f a lcal gvernment) t administer the skills tests, if the fllwing cnditins are met: Tests must be the same as thse given by the State. The third party has an agreement with the State cntaining, at a minimum, prvisins that: Allw the FMCSA, r its representative, and the State t cnduct randm examinatins, inspectins, and audits withut prir ntice. Require the State t cnduct n-site inspectin at least yearly. Require that all third party examiners meet the same qualificatin and training standards as State examiners.

4 At least annually, State emplyees must evaluate the prgrams by taking third party tests as if they were test applicants, r by testing a sample f drivers tested by the third party and then cmparing pass/fail rates. Reserve unt the State the right t take prmpt and apprpriate remedial actin against the third-party testers in the event that the third-party fails t cmply with State r Federal standards fr the CDL testing prgram, r with any ther terms f the third-party cntract. Exemptin f Skills Testing Requirements: States have the ptin t exempt certain individuals with gd driving recrds frm the skills testing requirement (cmmnly referred t as "grandfathering"). The State shall impse cnditins and limitatins t restrict the applicants frm whm a State may accept alternative requirements fr the skills test described in 49 CFR Such cnditins must require at least the fllwing: Driver has a current license at time f applicatin; and Driver has a gd driving recrd and previusly passed an acceptable skills test; r driver has a gd driving recrd in cmbinatin with certain driving experience. "Gd driving recrd" means: A driver can certify that, during the 2-year perid immediately prir t applying fr a CDL he/she: Has nt had mre than ne license; Has nt had any license suspended, revked, r canceled; Has nt had any cnvictins in any type f mtr vehicle fr a majr disqualifying ffense defined in 49 CFR (b); Has nt had mre than ne cnvictin fr any type f mtr vehicle fr a serius traffic vilatin defined in 49 CFR (c); Has nt had any vilatin f State r lcal law relating t mtr vehicle traffic cntrl arising in cnnectin with any traffic accident, and has n recrd f an accident in which he/she was at fault. "Driving experience" means: A driver can certify and prvide evidence that: He/she is regularly emplyed in a jb requiring peratin f CMV, and that either: He/she has previusly 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 fr that applicant's driver's license classificatin; r He/she has perated a representative vehicle fr at least 2 years immediately preceding applicatin fr a CDL.

5 Cmmercial Driver's License Dcument: While FMCSA sets the minimum standards that States must meet regarding CDLs administratin f the CDL prgram and issuance f the license itself remains the exclusive functin f the States. States may determine the applicatin prcess, license fee, license renewal cycle, renewal prcedures, and reinstatement requirements after a disqualificatin prvided that the Federal standards and criteria are met. States may exceed the Federal requirements fr certain criteria, such as medical, fitness, and ther driver qualificatins. Per Federal regulatins, all CDLs must cntain the fllwing infrmatin: The wrds "Cmmercial Driver's License" r "CDL;" The driver's full name, signature, and mailing address; The driver's date f birth, sex, and height; Clr phtgraph; The driver's State license number; The name f the issuing State; The date f issuance and the date f the expiratin f the license; The class(es) f vehicle that the driver is authrized t drive; Ntatin f the "air brake" restrictin, if issued; The endrsement(s) fr which the driver has qualified; Nte: The Scial Security Number must be prvided n the applicatin, but des nt need t be printed n the CDL. States may issue learner's permits fr purpses f behind-the-wheel training n public highways as lng as the learner's permit hlder is required t be accmpanied by smene with a valid CDL apprpriate fr the class and type f vehicle being perated. Further, the learner's permits can nly be issued fr limited time perids. The permit hlder cannt perate a cmmercial mtr vehicle transprting hazardus materials as defined in The permit hlder must have a valid peratr s (nn-cdl) driver's license, r have passed such visin, sign/symbl, and knwledge tests as the State issuing the learner's permit rdinarily administers t applicants fr peratr (nn-cdl) drivers' licenses.

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