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  • § 383.3
    Applicability.
  • § 383.5
    Definitions.
  • § 383.21
    Number of drivers' licenses.
  • § 383.23
    Commercial driver's license.
  • § 383.31
    Notification of convictions for driver violations.
  • § 383.33
    Notification of driver's license suspensions.
  • § 383.37
    Employer responsibilities.
  • § 383.51
    Disqualification of drivers.
  • § 383.71
    Driver application and certification procedures.
  • § 383.73
    State procedures.
  • § 383.75
    Third party testing.
  • § 383.77
    Substitute for driving skills tests for drivers with military CMV experience.
  • § 383.91
    Commercial motor vehicle groups.
  • § 383.93
    Endorsements.
  • § 383.95
    Restrictions.
  • § 383.113
    Required skills.
  • § 383.131
    Test manuals.
  • § 383.133
    Test methods.
  • § 383.153
    Information on the CLP and CDL documents and applications.

Part 383

Section § 383.95: Restrictions.

Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.

The regulations text of the section can be found on the eCFR website. To view the regulations text, use the link below. For assistance, please send an email to FMCSA.Webmaster@dot.gov.
View regulations for Part 383

Question 1: A driver has a Group B or C CDL valid for air-brake-equipped vehicles. He or she later upgrades to a Group A license by testing in a vehicle that is not equipped with airbrakes. Must the State restrict the upgraded license to non airbrake-equipped vehicles?

Guidance:

No, because the airbrake systems on combination versus single vehicles do not differ significantly.

Question 2: May a driver who has an air brake restriction as defined in §383.95 operate a CMV equipped with an air-over-hydraulic brake system?

Guidance:

No. Under §383.95(b), the term "air brakes" includes any braking system operating fully or partially on the air brake principle. Air-over-hydraulic brake systems operate partially on the air brake principle and are therefore air brakes for purposes of the CDL regulations. The NHTSA also considers "air over hydraulic" brakes to be air brakes under FMVSS 121.

Question 3: [Removed and Reserved 76FR26854 May 9, 2011]

Guidance:

Question 4: May a driver with an air brake restriction on his or her CDL operate a CMV equipped with a hydraulic braking system that has an air-assisted parking brake release?

Guidance:

Yes. The air brake restriction applies only to the principal braking system used to stop the vehicle. §383.95(b) is not applicable to an air-assisted mechanism to release the parking brake.


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