49 C.F.R. Subpart E—Testing and Licensing Procedures
Title 49 - Transportation
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 §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. (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 §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 §383.71(a)(9) and State requirements as specified in §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 §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 §383.71(a)(9) and pass the test specified in §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 §383.71(a)(1) and (a)(4); (2) Pass all tests specified in §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 §383.71(a)(9). (e) Nonresident CDL. When an applicant is domiciled in a foreign jurisdiction, as defined in §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 §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 §383.51. Notifications shall be made within the time periods specified in §383.33. (f) If a State uses the alternative method described in §383.73(i) to achieve the objectives of the certifications in §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. [53 FR 27649, July 21, 1988, as amended at 67 FR 49759, July 31, 2002; 68 FR 23849, May 5, 2003] 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 §§383.51(b)(2)(i) and 392.5(a)(2) of this chapter. Consent is implied by driving a commercial motor vehicle. [66 FR 49872, Oct. 1, 2001] (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 §§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 §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 §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 §383.71(a); (2) Complete a check of the driver applicant's record as contained in §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 §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 §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 §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 §383.71(a); (2) Complete a check of the driver applicant's record as contained in §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 §383.121 and comply with the standards specified in §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 §383.71(d); and (2) Complete a check of the driver applicant's record as described in §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 §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 §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 §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 §383.71(a) (1), (4), and (6), provided those procedures ensure that the driver meets the requirements of those paragraphs. [53 FR 27649, July 21, 1988, as amended at 54 FR 40788, Oct. 3, 1989; 67 FR 49760, July 31, 2002; 68 FR 23850, May 5, 2003] (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. At the discretion of a State, the driving skill test as specified in §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 §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 §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 §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. [53 FR 27649, July 21, 1988, as amended at 55 FR 25606, June 22, 1990; 67 FR 49760, July 31, 2002]
Title 49: Transportation
PART 383—COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
Subpart E—Testing and Licensing Procedures
§ 383.71 Driver application procedures.
Table 1 to § 383.71_List of Acceptable Proofs of Citizenship or Immigration------------------------------------------------------------------------ Status Proof of status------------------------------------------------------------------------U.S. Citizen............................ • U.S. Passport • Certificate of birth that bears an official seal and was issued by a State, county, municipal authority, or outlying possession of the United States • Certification of Birth Abroad issued by the U.S. Department of State (Form FS- 545 or DS 1350) • Certificate of Naturalization (Form N-550 or N-570) • Certificate of U.S. Citizenship (Form N-560 or N- 561)Lawful Permanent Resident............... • Permanent Resident Card, Alien Registration Receipt Card (Form I-551) • Temporary I-551 stamp in foreign passport • Temporary I-551 stamp on Form I-94, Arrival/ Departure Record, with photograph of the bearer • Reentry Permit (Form I- 327)------------------------------------------------------------------------
§ 383.72 Implied consent to alcohol testing.
§ 383.73 State procedures.
§ 383.75 Third party testing.
§ 383.77 Substitute for driving skills tests.
