§ 383.23 Commercial driver's license.
Current wording, effective November 27, 2018.
(a) General rule. (1) EffectiveNo April 1, 1992, no person shall operate a commercialCMV motor vehicle unless such person has taken and passed writtenknowledge and driving skills tests whichfor a CLP or CDL that meet the Federal standards contained in subparts F, G, and H of this part for the commercialCMV motor vehicle that person operates or expects to operate.
(2) EffectiveExcept April 1, 1992, except as provided in paragraph (b) of this section, no person shallmay legally operate a commercialCMV motor vehicle unless such person possesses a CDL which meets the standards contained in subpart J of this part, issued by his/her State or jurisdiction of domicile.
(b) Exception. (1) If a commercialCMV motor vehicle operator is not domiciled in a foreign jurisdiction which,that as determined by the Administrator, doeshas notdetermined testtests drivers and issueissues aCDLs CDL in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of this part,
1
the person shallmay obtain a NonresidentNon-domiciled CLP or Non-domiciled CDL from a State whichthat does comply with the testing and licensing standards contained in such subparts F, G, and H. 1of this part, so long as that person meets the requirements of § 383.71(f). 1 Effective December 29, 1988, the Administrator determined that commercial drivers’driver's licenseeslicenses issued by Canadian Provinces and Territories in conformity with the Canadian National Safety Code are in accordance with the standards of this part. Effective November 21, 1991, and as amended on January 19, 2017, the Administrator determined that the new Licencias Federales de Conductor issued by the United Mexican States are in accordance with the standards of this part. Therefore, under the single license provision of § 383.21, a driver holding a commercial driver's license issued under the Canadian National Safety Code or a new Licencia Federal de Conductor issued by Mexico is prohibited from obtaining nonresidenta non-domiciled CDL, or any other type of driver's license, from a State or other jurisdiction in the United States.
(c2) Learner'sIf permit.an individual is domiciled in a State learner'swhile permits,that issuedState foris limitedprohibited timefrom periodsissuing accordingCDLs toin Stateaccordance requirementswith § 384.405 of this subchapter, shallthat beindividual consideredis valideligible commercialto drivers’obtain licensesa forNon-domiciled purposesCLP ofor behindNon-the-wheeldomiciled trainingCDL onfrom publicany roadsState orthat highways,elects ifto theissue followinga minimumNon-domiciled conditionsCDL areand met:which
(1)Thecomplies learner'swith permitthe holdertesting isand atlicensing allstandards timecontained accompaniedin bysubparts theF, holderG, and H of athis validpart, CDL;so andlong as that person meets the requirements of § 383.71(f).
(23) He/sheIf eitheran holdsindividual possesses a valid automobile driver's licenseCLP, oras hasdefined passedin such§ vision383.5, sign/symbol,the andindividual knowledgeis testsauthorized asto theoperate Statea issuingclass theof learner'sCMV permitas ordinarilyprovided administersby tothe applicantsCLP forin automobileaccordance drivers’with licenses§ 383.25.
[5376 FR 2764926878, JulyMay 219, 19882011, as amended at 5483 FR 2228522875, May 2317, 19892018; 5783 FR 3145748975, JulySept. 1628, 19922018]
(a) General rule. (1) No person shall operate a CMV unless such person has taken and passed knowledge and driving skills tests for a CLP or CDL that meet the Federal standards contained in subparts F, G, and H of this part for the CMV that person operates or expects to operate.
(2) Except as provided in paragraph (b) of this section, no person may legally operate a CMV unless such person possesses a CDL which meets the standards contained in subpart J of this part, issued by his/her State or jurisdiction of domicile.
(b) Exception. (1) If a CMV operator is not domiciled in a foreign jurisdiction that the Administrator has determined tests drivers and issues CDLs in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of this part, 1 the person may obtain a Non-domiciled CLP or Non-domiciled CDL from a State that does comply with the testing and licensing standards contained in such subparts F, G, and H of this part, so long as that person meets the requirements of § 383.71(f).
1 Effective December 29, 1988, the Administrator determined that commercial driver's licenses issued by Canadian Provinces and Territories in conformity with the Canadian National Safety Code are in accordance with the standards of this part. Effective November 21, 1991, and as amended on January 19, 2017, the Administrator determined that the new Licencias Federales de Conductor issued by the United Mexican States are in accordance with the standards of this part. Therefore, under the single license provision of § 383.21, a driver holding a commercial driver's license issued under the Canadian National Safety Code or a new Licencia Federal de Conductor issued by Mexico is prohibited from obtaining a non-domiciled CDL, or any other type of driver's license, from a State or other jurisdiction in the United States.
(2) If an individual is domiciled in a State while that State is prohibited from issuing CDLs in accordance with § 384.405 of this subchapter, that individual is eligible to obtain a Non-domiciled CLP or Non-domiciled CDL from any State that elects to issue a Non-domiciled CDL and which complies with the testing and licensing standards contained in subparts F, G, and H of this part, so long as that person meets the requirements of § 383.71(f).
(3) If an individual possesses a CLP, as defined in § 383.5, the individual is authorized to operate a class of CMV as provided by the CLP in accordance with § 383.25.
[76 FR 26878, May 9, 2011, as amended at 83 FR 22875, May 17, 2018; 83 FR 48975, Sept. 28, 2018]
Amendment history
8 distinct wordings on file since Oct. 1, 1996- [76 FR 26878, May 9, 2011, as amended at 83 FR 22875, May 17, 2018; 83 FR 48975, Sept. 28, 2018]
- [76 FR 26878, May 9, 2011, as amended at 83 FR 22875, May 17, 2018]
- [76 FR 26878, May 9, 2011, as amended at 83 FR 22875, May 17, 2018]
- [76 FR 26878, May 9, 2011]
- [76 FR 26878, May 9, 2011]
- [53 FR 27649, July 21, 1988, as amended at 54 FR 22285, May 23, 1989; 57 FR 31457, July 16, 1992; 67 FR 49756, July 31, 2002; 68 FR 23849, May 5, 2003]
- [53 FR 27649, July 21, 1988, as amended at 54 FR 22285, May 23, 1989; 57 FR 31457, July 16, 1992; 67 FR 49756, July 31, 2002]
- Oct. 1, 1996 → Oct. 1, 2002annual editions 1996–2001[53 FR 27649, July 21, 1988, as amended at 54 FR 22285, May 23, 1989; 57 FR 31457, July 16, 1992]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.