Current through Register Vol. 48, No. 9, September 27, 2024
(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. 38-383.71(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, suspensions, revocations, or cancellations as
contained in Regulation Regulation
38-383.51
and that the person does not have a driver's license from more than one State.
The record check shall include but not be 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 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; and
(iii) A check with the National Driver
Register (NDR), when it is determined to be operational by the National Highway
Traffic Safety Administrator, 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 Drivers 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, if he/she
has moved from another State, to surrender his/her driver's license issued by
another State.
(5) For persons
applying for a hazardous materials endorsement, require compliance with the
standards for such endorsement specified in Regulation 387.71(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 Regulation 38-383.71(a);
(2) Complete a check of the driver
applicant's record as contained in Regulation 38-383.73(a)(3);
(3) Request and receive updates of
information specified in Subpart J of 38-382;
(4) If such applicant wishes to retain a
hazardous materials endorsement, require compliance with standards for such
endorsement specified in Regulation Regulation
38-383.71(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 Regulation 38-383.121; 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
Regulation 38-383.121; 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 Regulation
38-383.71(a);
(2) Complete a check
of the driver applicant's record as contained in Regulation
38-383.73(a)(3);
(3) Request and
receive updates of information specified in Subpart J of 38-382; and
(4) If such applicant wishes to retain a
hazardous materials endorsement, require the driver to pass the test specified
in Regulation Regulation
38-383.121
and comply with the standards specified in Regulation Regulation
38-383.71(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 Regulation 38-383.71(d); and
(2) Complete a check of the driver
applicant's record as described in Regulation 38-383.73(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 38-382. 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
Regulation 38-383.153(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 Regulation Regulation
38-383.73(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
38-382 or any of the certifications required in Regulation Regulation
38-383.71(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
Regulation Regulation
38-383.71(a)
(1), (4), and (6), provided those procedures ensure that the driver meets the
requirements of those paragraphs.
