§383.93 Endorsements

Question 1: Is the HM endorsement needed for operation of State and local government vehicles carrying HM?

Guidance: No.

Question 2: Are drivers of double and triple saddle mount combinations required to have the double/triple trailers endorsement on their CDLs?

Guidance: Yes, if the following conditions apply:

--There is more than one point of articulation in the combination; --The GCWR is 26,001 or more pounds; and --The combined GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

Question 3: Are drivers delivering empty buses in driveaway-towaway operations required to have the passenger endorsement on their CDLs?

Guidance: No.

Question 4: Would the driver in the following scenarios be required to have a CDL with a HM endorsement?

a. A driver transports 1,000 or more pounds of Division 1.4 (Class C explosive) materials in a vehicle with a GVWR of less than 26,001 pounds?

b. A driver transports less than 1,000 pounds of Division 1.4 (Class C explosive) materials in a vehicle with a GVWR of less than 26,001 pounds?

c. The driver transports any quantity of Division 1.1, 1.2 or 1.3 (Class A or B explosive) materials in any vehicle.

Guidance: a. Yes.

b. No.

c. Yes.

Question 5: Do drivers of ready-mix concrete mixers need a tank vehicle endorsement ("N") on their CDL?

Guidance: No.

Question 6: Does an unattached tote or portable tank with a cargo capacity of 1,000 gallons or more meet the definition of "portable tank" requiring a tank vehicle endorsement on the driver's CDL?

Guidance: Yes.

Question 7: Must all drivers of vehicles required to be placarded have CDLs containing the HM endorsement?

Guidance: Yes, unless waived.

Question 8: Is a driver who operates a truck tractor pulling a heavy-haul trailer attached to the tractor by means of a "jeep" that meets the definition of a CMV under part 383 required to have a CDL with a double/triple trailer endorsement?

Guidance: Yes. The "jeep," also referred to as a load divider, is a short frame-type trailer complete with upper coupler, fifth wheel and undercarriage assembly and designed in such a manner that when coupled to a semitrailer and tractor it carries a portion of the trailer kingpin load while transferring the remainder to the tractor's fifth wheel.

Question 9: Do persons transporting battery-powered forklifts need to obtain an HM endorsement?

Guidance: No.

Question 10: Do tow truck operators who hold a CDL require endorsements to tow "endorsable" vehicles?

Guidance: For CDL endorsement purposes, the nature of the tow truck operations determines the need for endorsements:

--If the driver's towing operations are restricted to emergency "first moves" from the site of a breakdown or accident to the nearest appropriate repair facility, then no CDL endorsement of any kind is required. --If the driver's towing operations include any "subsequent moves" from one repair or disposal facility to another, then endorsements requisite to the vehicles being towed are required. Exception: Tow truck operators need not obtain a passenger endorsement.

Question 11: Must a driver have a tank vehicle endorsement to deliver an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer? [Editor's Note]

Guidance: No.  Part of the definition of a "tank vehicle" in §383.5 is "any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis."  A flatbed is not "designed to transport any liquid or gaseous materials" simply because it carries an empty storage tank–readily distinguishable from a transportation tank–secured as cargo in compliance with Part 393, Subpart I.

Question 12: Is a person who drives an empty school bus from the manufacturer to the local dis­tributor required to obtain a CDL?

Guidance: Yes. Any driver of a bus that is designed to transport 16 or more passengers or that has a GVWR of 11,794 kilograms (26,001 pounds) or greater is required to obtain a CDL in the applicable class. A passenger endorsement is also required if the bus is designed to transport 16 or more passengers, including the driver.

Question 13: Does a driver who operates a straight truck equipped with a pintle hook towing a full trailer (a semitrailer equipped with a converter dolly) need a doubles/triples endorsement on his or her (CDL)?

Guidance: No. This combination is a truck-tractor towing a single trailer. This configuration does not require a driver to have a doubles/triples endorsement on a CDL.

Question 14: Are drivers required to have both the “P” passenger and “S” school bus endorsements if they are not transporting students when operating a “school bus,” as defined in 49 CFR §383.5?

Guidance: No. Only drivers actually transporting pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school sponsored events in a school bus are required to have both the “P” and “S” endorsements. Only a “P” endorsement is required by drivers delivering school buses from the manufacturer, by mechanics and other drivers operating empty school buses, and by drivers transporting students and/or adults to and from events that are not sponsored by the school.