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Guidance

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Special Topics--State Reciprocity


Question 1: May a State place an "intrastate only" or similar restriction on the CDL of a driver who certifies that he or she is not subject to part 391?

Guidance: Yes; however, this restriction would not apply to drivers in interstate commerce who are excepted or exempted from part 391 under the provisions of parts 390 or 391.

Question 2: May a State allow a driver possessing an out-of-State CDL containing an intrastate restriction to operate a CMV in their jurisdiction?

Guidance: Yes, provided the driver operates exclusively intrastate.

Question 3: May States choose to interpret "intrastate" in ways that differ from established transportation practice?

Guidance: No. States do not have the discretion to change the Federal definition of either "interstate" or "intrastate" commerce. Special Topics--International


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