(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 §390.3(f) of this
subchapter do not apply to this part. The employers and drivers identified in §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.
(d)(1) Operators of a farm vehicle which is:
(d)(1)(i)
Controlled and operated by a farmer, including operation by employees or family
members;
(d)(1)(ii) Used to transport either agricultural products, farm machinery, farm supplies,
or both to or from a farm;
(d)(1)(iii) Not used in the operations
of a common or contract motor carrier; and
(d)(1)(iv) Used
within 241 kilometers (150 miles) of the farmer’s farm.
(d)(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 SWAteam
vehicles, ambulances, or other vehicles that are used in response to
emergencies.
(d)(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
(d)(3)(i)(A)
The properly licensed employee who ordinarily operates a commercial motor
vehicle for these purposes is unable to operate the vehicle; or
(d)(3)(i)(B)
The employing governmental entity determines that a snow or ice emergency
exists that requires additional assistance.
(d)(3)(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
(e)(1)(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;
(e)(1)(ii) All the skills test
requirements; and
(e)(1)(iii) The requirement under §383.153(a)(4) to have a photograph on the license document.
(e)(2) Drivers of CMVs in the
State of
(e)(2)(i) Such
roads are not connected by land highway or vehicular way to the land-connected
State highway system; and
(e)(2)(ii) Such roads are not connected
to any highway or vehicular way with an average daily traffic volume greater
than 499.
(e)(3) Any CDL issued under the terms of this
paragraph must carry two restrictions:
(e)(3)(i) Holders
may not operate CMVs over roads other than those specified in
paragraph (e)(2) of this section; and
(e)(3)(ii) The license is not valid for
CMV operation outside the State of
(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:
(f)(1)(i) Agri-chemical
businesses;
(f)(1)(iii) Farm retail outlets and
suppliers;
(f)(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.
(f)(3) A State issuing a CDL under the terms of this paragraph
must restrict issuance as follows:
(f)(3)(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:
(f)(3)(i)(A) Has not had more than one license
(except in the instances specified in §383.21);
(f)(3)(i)(B)
Has not had any license suspended, revoked, or canceled;
(f)(3)(i)(C) Has not had any conviction for any
type of motor vehicle for the disqualifying offenses contained in §383.51(b);
(f)(3)(i)(D)
Has not had any conviction for any type of motor vehicle for serious
traffic violations; and
(f)(3)(i)(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.
(f)(3)(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.
(f)(3)(iii) Restricted CDL holders are limited to operating
Group B and C vehicles, as described in subpart F of this part.
(f)(3)(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.
(f)(3)(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.
(f)(3)(vi) Restricted
CDL holders may not hold an
unrestricted CDL at the same time.
(f)(3)(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 COT Class 1.3G explosives.
(g)(2) A State issuing a CDL under the terms of this paragraph
must restrict issuance as follows:
(g)(2)(i) The GVWR
of the vehicle to be operated must be less than 4,537 kilograms (10,001 pounds);
(g)(2)(ii) If a State believes, at its
discretion, that the training required by §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 §172.704 of this title.
(g)(2)(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 COT Class 1.3G explosives in a vehicle with
a GVWR of less than 4,537 kilograms (10,001 pounds).
(g)(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.
(g)(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.
(g)(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.
[67 FR 49755,