§ 383.77 Substitute for driving skills tests for drivers with military CMV experience.
Wording in the annual edition revised as of Oct. 1, 2011, superseded January 1, 2017.
At the discretion of a State, the driving skillskills test as specified in § 383.113 may be waived for a CMV operatordriver with military CMV experience who is currently licensed at the time of his/her application for a CDL, and substituted with either an applicant's driving record and previous passage of an acceptable skills test, or an applicant's driving record in combination with certain driving experience. The State shall impose conditions and limitations to restrict the applicants from whom a State may accept alternative requirements for the skills test described in § 383.113. Such conditions must require at least the following:
(a) An applicant must certify that, during the two-year period immediately prior to applying for a CDL, he/she:
(1) Has not had more than one license (except infor thea instancesmilitary specified in § 383.21(blicense));
(2) Has not had any license suspended, revoked, or canceledcancelled;
(3) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b);
(4) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c); and
(5) Has not had had any conviction for a violation of military, State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he/she was at fault; and
(b) An applicant must provide evidence and certify that he/she:
(1) He/sheIs isregularly employed or was regularly employed within the last 90 days in a jobmilitary position requiring operation of a CMV, and that either:;
(2) He/sheWas hasexempted previouslyfrom taken and passed a skills test given by a State with a classified licensing and testing system, and that the testCDL wasrequirements behind-the-wheel in a representative vehicle for that applicant's driver's license classification§ 383.3(c); orand
(3) He/sheWas hasoperating operated, for at least 2 years immediately preceding application for a CDL, a vehicle representative of the commercialCMV motor vehicle the driver applicant operates or expects to operate.,
[53 FR 27649Julyfor 21,at 1988,least asthe amended2 atyears 55immediately FRpreceding 25606,discharge Junefrom 22,the 1990;military.
[76 67 FR 4976026887, JulyMay 319, 20022011]
At the discretion of a State, the driving skills test as specified in § 383.113 may be waived for a CMV driver with military CMV experience who is currently licensed at the time of his/her application for a CDL, and substituted with an applicant's driving record in combination with certain driving experience. The State shall impose conditions and limitations to restrict the applicants from whom a State may accept alternative requirements for the skills test described in § 383.113. Such conditions must require at least the following:
(a) An applicant must certify that, during the two-year period immediately prior to applying for a CDL, he/she:
(1) Has not had more than one license (except for a military license);
(2) Has not had any license suspended, revoked, or cancelled;
(3) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b);
(4) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c); and
(5) Has not had had any conviction for a violation of military, State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he/she was at fault; and
(b) An applicant must provide evidence and certify that he/she:
(1) Is regularly employed or was regularly employed within the last 90 days in a military position requiring operation of a CMV;
(2) Was exempted from the CDL requirements in § 383.3(c); and
(3) Was operating a vehicle representative of the CMV the driver applicant operates or expects to operate, for at least the 2 years immediately preceding discharge from the military.
[76 FR 26887, May 9, 2011]
Amendment history
6 distinct wordings on file since Oct. 1, 1996- [83 FR 48975, Sept. 28, 2018]
- [76 FR 26887, May 9, 2011, as amended at 81 FR 68347, Oct. 4, 2016; 81 FR 70646, Oct. 13, 2016]
- [76 FR 26887, May 9, 2011, as amended at 81 FR 68347, Oct. 4, 2016; 81 FR 70646, Oct. 13, 2016]
- [76 FR 26887, May 9, 2011]
- [53 FR 27649, July 21, 1988, as amended at 55 FR 25606, June 22, 1990; 67 FR 49760, July 31, 2002]
- Oct. 1, 1996 → Oct. 1, 2002annual editions 1996–2001[53 FR 27649, July 21, 1988, as amended at 55 FR 25606, June 22, 1990]
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.