Subpart E — Testing and Licensing Procedures
§383.71 Driver application procedures.
(a) Initial Commercial Driver's License.
— Prior to obtaining a CDL,
a person must meet the following requirements:
(a)(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;
(a)(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;
(a)(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;
(a)(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;
(a)(5) Provide to the State of issuance the
information required to be included on the CDL as specified in Subpart J of this
part;
(a)(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;
(a)(7) Surrender the
applicant's non-CDL driver's licenses to the State; and
(a)(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.
(a)(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.
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) |
(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:
(b)(1) Provide to the new State of domicile
the certifications contained in §383.71(a) (1) and
(6);
(b)(2) Provide to the new State of domicile
updated information as specified in Subpart J of this part;
(b)(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);
(b)(4) Surrender the CDL
from the old State of domicile to the new State of domicile; and
(b)(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:
(c)(1) Provide certification contained in §383.71(a) (1);
(c)(2) Provide updated information as
specified in Subpart J of this part; and
(c)(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.
(c)(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:
(d)(1) Provide the necessary certifications as specified in §383.71(a)(1) and (a)(4);
(d)(2) Pass all tests specified in §383.71(a)(2) and (a)(3) for the new vehicle group and/or different endorsements; and
(d)(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:
(e)(1) Complete the requirements to obtain a
CDL contained in §383.71(a); and
(e)(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.
[67 FR 49759,