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States

Overview

The States and Washington, DC are the backbone of Commercial Driver's Licensing. They issue the licenses and assess the qualifications and validity of each of their drivers. Click on any of the following items to learn more.

Certifications and Record Checks

When an individual applies for a CDL, or attempts to renew or update his or her CDL, the State must perform a check of its databases, and of the Commercial Driver's License Information System (CDLIS), and the National Driver Registry (NDR) to ensure that the driver is not disqualified in that State or another jurisdiction, or does not possess a commercial license from more than one jurisdiction. If the driver possesses a license from another jurisdiction, the State must require the CDL applicant to surrender his/her driver's license issued by that jurisdiction before issuing a new license.

The State must request the complete driving record of the applicant from all jurisdictions where the driver was previously licensed in the past 10 years.

As of January 30, 2012, for each operator of a commercial motor vehicle required to have a commercial driver's license, the current licensing State must:

  • Require the driver to certify as to the type of operation the driver expects to conduct and post the driver's self-certification to the State's driver history record (See self-certification FAQ's);
  • Obtain the original or a copy of the medical examiner's certificate documenting that the driver is physically qualified to operate a commercial motor vehicle and retain the certificate for three years beyond the issue date of the certificate; and
  • Post the information from the medical examiner's certificate within 10 business days to the CDLIS driver record.

Within 10 calendar days of receiving information from FMCSA regarding issuance or renewal of a medical variance for a driver, the State must update the CDLIS driver record to include the medical variance information provided by FMCSA.

Within 10 calendar days of the expiration or recission of a driver's medical certification status or a medical variance, the State must:

  • Update the medical certification status of that driver as "not-certified."
  • Notify the CDL holder of the "not-certified" medical status and that the driver's CDL privileges will be rescinded unless the driver submits a current medical certificate and/or medical variance, or changes his or her self-certification to driving only in excepted interstate or intrastate commerce (if permitted by the State).
  • Initiate State procedures for downgrading the license, and complete and record the CDL downgrade within 60 days of the change in the driver's medical certification status to "not-certified."

For persons applying for a hazardous materials endorsement, the State must require compliance with the standards for such endorsement as specified in Transportation Security Administration requirements, and provide proof of citizenship or immigration status. 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.

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 or any of the required certifications, the State shall at a minimum disqualify the person's CDL or his/her pending application from operating a commercial motor vehicle for a period of at least 60 consecutive days. If the person is convicted of fraud related to this issuance, the State must record this withdrawal in the persons driving record and they may not reapply for at least 1 year. If a State receives credible information that a CLP/CDL holder is suspected, but not convicted of fraud related to the issuance of their license, the State must require the license holder to retake the questionable test. If the driver does not retake the test within 30 days the State is required to disqualify the driver.

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Knowledge & Skills Test

States develop their own knowledge and skills tests, which must meet the minimum Federal standards in Subpart G and H of 49 CFR Part 383. Model driver and examiner manuals and tests have been prepared and distributed to the States to use, if they wish.

Each basic knowledge test covers the 20 general areas outlined in 49 CFR 383.111(a).  The knowledge test shall contain at least 30 items. A separate test for drivers seeking to operate CMV's with airbrakes must cover the 7 areas outlined in 49 CFR 383.111(b).

To pass the knowledge tests (general and endorsement); applicants must correctly answer at least 80 percent of the questions.

To pass the skills test, applicants must successfully perform all the required skills (listed in 49 CFR 383.113 through 49 CFR 383.123). The skills test must be taken in a vehicle representative of the type of vehicle that the applicant operates or expects to operate.

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CDL Manual

Each state has its own Commercial Driver's License manual. FMCSA provides this generic manual to be used as a template for states to use in designing their own. Drivers should always use their state's manual to use to ensure compliance.

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Third Party Skills Testing

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, if the following conditions are met:

  • Tests must be the same as those given by the State.
  • The third party has an agreement with the State containing, at a minimum, provisions that:
    • Allow the FMCSA, or its representative, and the State to conduct random examinations, inspections, and audits without prior notice.
    • Require the State to conduct on-site inspection at least yearly.
    • Require that all third party examiners meet the same qualification and training standards as State examiners.
  • At least annually, State employees must evaluate the programs by taking third party tests as if they were test applicants, or by testing a sample of drivers tested by the third party and then comparing pass/fail rates.
  • The State must 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.

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Military Exemption for Skills Testing Requirements

As of May 2011, States are authorized to waive the Skills Test portion of the application for a Commercial Driver's License for military service members and recently separated Veterans with two years of safe driving experience in similar vehicles.  More information on the qualification and experience criteria in the federal regulation can be found on the Military Skills Test Waiver Form.

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Commercial Driver's License or Commercial Learner's Permit Document

While FMCSA sets the minimum standards that States must meet regarding CDLs and Commercial Learner's Permits (CLP), administration of the actual CDL program and issuance of the license itself remains the exclusive function of the States. States may determine the application process, license fee, license renewal cycle, renewal procedures, and reinstatement requirements after a disqualification; provided that the Federal standards and criteria are met. States may exceed the Federal requirements for certain criteria, such as medical, fitness, and other driver qualifications.

Per Federal regulations, all CDLs must contain the following information:

  • The words "Commercial Driver's License" or "CDL;"
  • The driver's full name, signature, and mailing address;
  • The driver's date of birth, sex, and height;
  • Color photograph of the license holder;
  • The driver's State license number;
  • The name of the issuing State;
  • The date of issuance and the date of the expiration of the license or permit;
  • The class(es) of vehicle that the driver is authorized to drive;
  • Notation of the "air brake" restriction, if issued;
  • The endorsement(s) for which the driver has qualified;

Note: The Social Security Number must be provided on the application, but must not be printed on the CDL or CLP.

States may issue commercial learner's permits for purposes of behind-the-wheel training on public highways as long as the learner's permit holder is required to be accompanied by someone with a valid CDL appropriate for the class and type of vehicle being operated. Further, the learner's permits can only be issued for limited time periods. The permit holder cannot operate a commercial motor vehicle transporting hazardous materials as defined in §383.5. The permit holder must have a valid operators (non-CDL) driver's license, and have passed such vision, sign/symbol, and knowledge tests as the State issuing the learner's permit ordinarily administers to applicants for operator (non-CDL) drivers' licenses.

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Non-Domiciled Commercial Driver's License

In certain circumstances, States are permitted to issue a CDL to an individual who is not domiciled within its jurisdiction. The word "Non-domiciled" must be prominently displayed on the CDL or CLP , but does not have to be contiguous with the words "Commercial Driver's License," "CDL", "Commercial Learner's Permit" or "CLP".

Non-domicile CDL means a CDL issued by a State under either of the following two conditions:

  • To an individual domiciled in a foreign country, other than Mexico and Canada, if the person obtained the license from a State, which complies with the testing and licensing standards required for CDL drivers.
  • To an individual domiciled in another State while that State is prohibited from issuing CDLs, if the person obtained the license from any State which elected to issue non-domiciled CDLs and which complies with the testing and licensing standards required for CDL drivers.

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Exemptions

Each State must exempt from the requirements of 49 CFR 383 certain individuals operating 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.

A State may, at its discretion, exempt firefighters, emergency response vehicle drivers, farmers, and drivers removing snow and ice in small communities from the CDL requirements, subject to certain conditions. The use of this waiver is limited to the driver's home State unless there is a reciprocity agreement with adjoining States. See 49 CFR 383.3(d).

In addition, a State may issue a restricted license and waive the CDL knowledge and skills testing requirements for seasonal drivers in farm-related service industries. A State can also waive the CDL hazardous materials endorsement test requirements for part-time drivers working for the pyrotechnics industry, subject to certain conditions. See 49 CFR 383.3(f) & (g).

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Penalties

A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $2,500 for a first conviction and not less than $5,000 for a second or subsequent conviction, in addition to disqualification under §383.51(e).

An employer who is convicted of a violation of an out-of-service order shall be subject to a civil penalty of not less than $2,750 nor more than $25,000.

An employer who is convicted of a violation of a Federal, State, or local law or regulation, pertaining to railroad-highway grade crossings must be subject to a civil penalty of not more than $10,000.

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Commercial Driver's License Information System

States must be connected to the Commercial Driver's License Information System (CDLIS) and the National Driver Register (NDR) in order to exchange information about CDL drivers, traffic convictions, and disqualifications. A State must use both the CDLIS and NDR to check a driver's record, and the CDLIS to make certain that the applicant does not already have a CDL or is disqualified. The State shall notify the operator of the CDLIS of the issuance, transfer, renewal, or upgrade of a license within the 10-day period beginning on the date of license issuance. Members of the enforcement community seeking access to CDLIS data should visit the FMCSA Technical Support Web site. Carriers needing CDLIS data should seek a commercial company that provides a clearinghouse service for this information, or contact the driver's State of licensure.

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BAC Standards

The FMCSA has established 0.04% as the blood alcohol concentration (BAC) level at or above which a CDL commercial motor vehicle operator who is required to have a CDL,  and is operating a commercial motor vehicle, is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the Federal regulations. Most States have established a BAC level of .08% as the level at or above which a person operating a non-commercial motor vehicle is deemed to be driving under the influence of alcohol. Sanctions for alcohol-related driving violations may affect the driver's qualification and eligibility for both commercial and non-commercial licenses.

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Employer Notifications

Within 30 days of a conviction for any traffic violation, except parking violations, a driver must notify his/her employer, regardless of the nature of the violation or the type of vehicle which was driven at the time.

A CMV driver must notify his employer if the driver's license is suspended, revoked, canceled, or if he/she is disqualified from driving. The notification must be made by the end of the next business day following receipt of the notice of the suspension, revocation, cancellation, lost privilege or disqualification.

Employers may not knowingly use a driver who has more than one license or whose license is suspended, revoked or canceled, or is disqualified from driving. Violation of this requirement may result in civil or criminal penalties.

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Notification of Previous Employment

All employers shall request and all person's applying for employment as a commercial motor vehicle operator shall provide, employment history as a commercial motor vehicle operator for the 10 years preceding the date the application is submitted. The request shall be made at the time of application for employment.

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Major Violations While Operating a Motor Vehicle

  • Being under the influence of alcohol as prescribed by State law.
  • Being under the influence of a controlled substance.
  • Having an alcohol concentration of 0.04 or greater while operating a CMV.
  • Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations.
  • Leaving the scene of an accident.
  • Using the vehicle to commit a felony other than a felony described in number 9 of this table.
  • Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CDL is revoked, suspended, or cancelled, or the driver is disqualified from operating a CMV.
  • Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
  • Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance.

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Serious Violations While Operating a Motor Vehicle

  • Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit.
  • Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property.
  • Making improper or erratic traffic lane changes.
  • Following the vehicle ahead too closely.
  • Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident.
  • Driving a CMV without obtaining a CDL.
  • Driving a CMV without a CDL in the driver's possession.
  • 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.

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Railroad Highway Grade Crossing Violations While Operating a CMV

  • The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train.
  • The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear.
  • The driver is always required to stop, but fails to stop before driving onto the crossing.
  • The driver fails to have sufficient space to drive completely through the crossing without stopping.
  • The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing.
  • The driver fails to negotiate a crossing because of insufficient undercarriage clearance.

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Violation of Out-of-Service Order While Operating a CMV

Violating a driver or vehicle out-of-service order transporting hazardous or non-hazardous materials or while operating a vehicle designed to transport 16 or more passengers, including the driver.

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Disqualifications

Disqualifications apply to CDL holders and persons required to have a CDL:

Using a CMV or non CMV in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance will result in a disqualification for life, without the possibility of reinstatement.

Disqualification for Major Offenses

The first violation for a major violation, in a CMV or a non-CMV, results in a 1-year disqualification or a 3-year disqualification if transporting hazardous materials required to be placarded. The second violation for a major violation, in a CMV or a non-CMV, results in a lifetime disqualification. The driver may be eligible for reinstatement under certain conditions after 10 years.

Disqualification for Serious Traffic Violations

The first violation for a serious violation does not result in a disqualification. A second serious violation within 3 years, results in a 60-day disqualification, and a third serious violation within 3 years, results in a 120-day disqualification. Serious disqualifications must be served consecutively. All serious violations in a CMV are included. Serious violations in a non-CMV must not be included, unless it results in the revocation, cancellation, or suspension of the CDL holder's license or non-CMV driving privileges.

Disqualification for railroad-highway grade crossing (RRHGC) offenses, while operating a CMV

The first violation of a RRHGC results in a disqualification of not less than 60 days. The second violation, within 3 years, results in a disqualification of not less than 120 days. The third and subsequent violations within 3 years results in a disqualification of not less than 1 year.

Disqualification for violating out-of-service orders (OOSO), while operating a CMV

Category 1 describes a driver who violates an OOSO related to  transporting placarded hazardous materials or operating a vehicle designed to transport 16 or more passengers.

Category 2 describes drivers not in Category 1.

Category 1: The first violation results in a disqualification of no less than 180 days or more than 2 years. The second and subsequent violations within 10 years, results in a disqualification of no less than 3 years or more than 5 years.

Category 2: The first violation results in a disqualification of no less than 180 days or more than 1 year. The second violation within 10 years, results in a disqualification of no less than 2 years or more than 5 years. The third and subsequent violations result in disqualifications of no less than 3 years or more than 5 years.

If a CDL holder is disqualified from operating a CMV, the State may issue him/her a license to operate a non-CMV. Drivers who are disqualified from operating a CMV cannot be issued a "conditional" or "hardship" CDL or any other type of limited driving privileges to continue driving a CMV.

For disqualification purposes, convictions for out-of-state violations will be treated the same as convictions for violations that are committed in the driver's home State. Convictions and disqualifications for 60 days or longer received by a driver outside his or her home State are transmitted to the State of Record (SOR) so that the convictions and disqualifications can be applied to the driver's history record (DHR).

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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 being under the influence of a controlled substance or using alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle. Consent is implied by driving a commercial motor vehicle.

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CDL from a Decertified State

A CDL issued by a State prior to the date the State is notified by the FMCSA Administrator that the State is prohibited from issuing CDLs, will remain valid until its stated expiration date.

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Updated: Tuesday, May 13, 2014