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§ 383.51 Disqualification of drivers. (a) General. (1) A person required to have a CLP or CDL who is disqualified must not drive a CMV. (2) An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV. (3) A h…
…Notification of disqualification. (a) No later than 10 days after disqualifying a CLP or CDL holder licensed by another State or other jurisdiction of domicile, or disqualifying an out-of-State CLP or CDL holder's privilege to operate a commercial motor vehicl…
…part also apply to any State to which a person makes application for a transfer CDL. (b) Required action —(1) CLP or CDL holders. A State must satisfy the requirement of this subpart that the State disqualify a person who holds a CLP or a CDL by, at a minimum,…
Appendix A to Part 380—Class A—CDL Training Curriculum Class A CDL applicants must complete the Class A CDL curriculum outlined in this Appendix. The curriculum for Class A applicants pertains to combination vehicles (Group A) as defined in 49 CFR 383.91(a)(1)…
Appendix B to Part 380—Class B—CDL Training Curriculum Class B CDL applicants must complete the Class B CDL curriculum outlined in this Appendix. The curriculum for Class B applicants pertains to heavy straight vehicles (Group B) as defined in 49 CFR 383.91(a)…
…subpart F of part 380 of this chapter before taking the skills test for a Class A or B CDL for the first time, or a skills test for a passenger (P) or school bus (S) endorsement for the first time, or the knowledge test for a hazardous materials (H) endorsemen…
…domiciled in a State) and for initial issuance, renewal, upgrade or transfer of a CDL or non-domiciled CDL (for applicants domiciled in a State) for the first time after July 8, 2011, provided a notation is made on the driver's record confirming that the proof…
…during a period in which: (a) A person is disqualified from operating a CMV, as disqualification is defined in § 383.5 of this subchapter, or under the provisions of § 383.73(j) or § 384.231(b)(2) of this subchapter; (b) The CLP or CDL holder's noncommercial d…
§ 384.225 CDLIS driver recordkeeping. The State must: (a) CLP or CDL holder. Post and maintain as part of the CDLIS driver record: (1) All convictions, disqualifications and other licensing actions for violations of any State or local law relating to motor veh…
…bail, regardless of whether or not the penalty is rebated, suspended, or probated. Disqualification means any of the following three actions: (1) The suspension, revocation, or cancellation of a CLP or CDL by the State or jurisdiction of issuance. (2) Any with…
§ 391.15 Disqualification of drivers. (a) General. A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier shall not require or permit a driver who is disqualified to drive a commercial motor vehicle. (b) Disqualification for l…
…amending, correcting, reprinting, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL. [67 FR 49763, July 31, 2002] Editorial Note: For Federal Register citations affecting § 384.301, see th…
§ 383.52 Disqualification of drivers determined to constitute an imminent hazard. (a) The Assistant Administrator or his/her designee must disqualify from operating a CMV any driver whose driving is determined to constitute an imminent hazard, as defined in §…
§ 384.405 Decertification of State CDL program. (a) Prohibition on CLP or CDL transactions. The Administrator shall prohibit a State found to be in substantial noncompliance from performing any of the following CLP or CDL transactions: (1) Initial issuance. (2…
§ 384.204 CLP or CDL issuance and information. (a) General rule. The State shall authorize a person to operate a CMV only by issuance of a CLP or CDL, unless an exception in § 383.3(c) or (d) applies, which contains, at a minimum, the information specified in…
§ 383.153 Information on the CLP and CDL documents and applications. (a) Commercial Driver's License. All CDLs must contain all of the following information: (1) The prominent statement that the license is a “Commercial Driver's License” or “CDL,” except as sp…
§ 383.7 Validity of CDL issued by decertified State. A CDL issued by a State prior to the date the State is notified by the Administrator, in accordance with the provisions of § 384.405 of this subchapter, that the State is prohibited from issuing CDLs, will r…
…jurisdiction(s), of three serious traffic violations as specified in Table 2 to § 383.51. This disqualification period must be in addition to any other previous period of disqualification. [67 FR 49762, July 31, 2002]
…current employer of such suspension, revocation, cancellation, lost privilege, or disqualification. The notification must be made before the end of the business day following the day the employee received notice of the suspension, revocation, cancellation, los…
…after service of the determination under § 391.47 of this chapter or the letter of disqualification, the driver or carrier may petition to review such action. Such petitions must be submitted to the Agency Decisionmaker and must contain the following: (1) Iden…
…jeopardize MCSAP eligibility. (5) Final disapproval of a resubmitted CVSP will result in disqualification for MCSAP funding for that fiscal year. (b) Annual update for the second or third year of the CVSP. (1) FMCSA will notify the Lead State Agency within 30…
§ 384.228 Examiner training and record checks. For all State and third-party CDL test examiners, the State must meet the following 10 requirements: (a) Establish examiner training standards for initial and refresher training that provides CDL test examiners wi…
…driver on a range or a public road and meets one of these qualifications: (1) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience driving a…
…in a vehicle not equipped with air brakes, the State must indicate on the CLP or CDL, if issued, that the person is restricted from operating a CMV equipped with any type of air brakes. (2) For the purposes of the skills test and the restriction, air brakes in…
…based on a finding of obstreperous or disruptive behavior in that proceeding. (c) Disqualification. The Administrative Law Judge may disqualify himself or herself at any time, either at the request of any party or upon his or her own initiative. Assignments of…
§ 383.151 General. (a) The CDL must be a document that is easy to recognize as a CDL. (b) The CLP must be a separate document from the CDL or non-CDL. (c) At a minimum, the CDL and the CLP must contain the information specified in § 383.153. [76 FR 26892, May…
…384.229 Skills test examiner auditing and monitoring. To ensure the integrity of the CDL skills testing program, the State must: (a) At least once every 2 years, conduct unannounced, on-site inspections of third-party testers' and examiners' records, including…
…operation of commercial motor vehicles. (e) Restricted commercial drivers license (CDL) for certain drivers in the State of Alaska. (1) The State of Alaska may, at its discretion, waive only the following requirements of this part and issue a CDL to each drive…
…unusually high or low pass/fail rates; (3) The State must issue the third-party tester a CDL skills testing certificate upon the execution of a third-party skills testing agreement; (4) The State must issue each third-party CDL skills test examiner a skills te…
§ 383.25 Commercial learner's permit (CLP). (a) A CLP is considered a valid CDL for purposes of behind-the-wheel training on public roads or highways, if all of the following minimum conditions are met: (1) The CLP holder is at all times accompanied by the hol…
…shall be subject to a civil penalty as stated in part 386 Appendix B, in addition to disqualification under § 383.51(e). (2) Employer violations. An employer who is convicted of a violation of § 383.37(d) shall be subject to a civil penalty as stated in part 3…
…A State must provide an FMCSA pre-approved driver information manual to a CLP or CDL applicant. The manual must be comparable to the American Association of Motor Vehicle Administrators' (AAMVA's) “2005 CDL Test System (July 2010 or newer Version) Model Commer…
…application process and placed on the licensing document of every person who is issued a CDL, as required under § 383.153. The digital color image or photograph or black and white laser engraved photograph must either be made part of the driver history or be l…
…portion of the knowledge test (scores less than 80 percent correct) is issued a CLP or CDL, an air brake restriction must be indicated on the CLP or CDL as required in § 383.95(a). (3) A driver applicant who fails the combination vehicle portion of the knowled…
…influence. (a) The State must have in effect and enforce through licensing sanctions the disqualifications prescribed in § 383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentration. (b) Nothing in this section shall be construed to requi…
…in interstate and/or intrastate commerce, except: (1) Drivers excepted from the CDL requirements under § 383.3(c), (d), and (h) of this chapter; (2) Drivers applying for a restricted CDL under § 383.3(e) through (g) of this chapter; (3) Military personnel with…
…exist: (a) During any period in which the driver does not have a current CLP or CDL or does not have a CLP or CDL with the proper class or endorsements. An employer may not use a driver to operate a CMV who violates any restriction on the driver's CLP or CDL.…
§ 384.212 Domicile requirement. (a) The State may issue CDLs or CLPs only to persons for whom the State is the State of domicile as defined in § 383.5 of this subchapter; except that the State may issue a Non-domiciled CLP or CDL under the conditions specified…
…subpart, applies only to those individuals who apply for a commercial driver's license (CDL) or a CDL upgrade or endorsement and does not otherwise amend substantive CDL requirements in part 383 of this chapter.
…issuing, renewing, or upgrading a CLP or issuing, renewing, upgrading or transferring CDL to any person, the driver's State of record must, within the period of time specified in § 384.232, check its own driver records as follows: (i) The driver record of the…
…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)…
- § 383.79Driving skills testing of out-of-State students; knowledge and driving skills testing of military personnel.Part 383
…out-of-State students; knowledge and driving skills testing of military personnel. (a) CDL applicants trained out-of-State —(1) State that administers the driving skills test. A State may administer its driving skills test, in accordance with subparts F, G, an…
- § 383.77Substitute for knowledge and driving skills tests for drivers with military CMV experience.Part 383
…waivers for certain current or former military service members applying for a CLP or CDL —(1) In general. For current or former military service members, as defined in § 383.5, who meet the conditions and limitations set forth in paragraph (a)(2) of this secti…
…Notification of traffic violations. (a) Required notification with respect to CLP or CDL holders. (1) Whenever a person who holds a CLP or CDL from another State or other jurisdiction of domicile is convicted of a violation of any State or local law relating t…
…prescribed in subpart F of part 380 of this subchapter. (b)(1) A State may issue a CDL to individuals who obtain a CLP before February 7, 2022, who have not complied with subpart F of part 380 of this subchapter so long as they obtain a CDL before the CLP or r…
…regulations in any State where in-person training is provided. (5) The State-administered CDL skills examination passage rate for applicants for the Class A CDL, Class B CDL, passenger endorsement, and/or school bus endorsement who complete the provider's trai…
…requirements. (a) An individual who applies, for the first time, for a Class A or Class B CDL, or who upgrades to a Class A or B CDL, must complete driver training from a provider listed on the Training Provider Registry (TPR), as set forth in subpart G. (b) A…
§ 383.72 Implied consent to alcohol testing. Any person who holds a CLP or CDL or is required to hold a CLP or CDL is considered to have consented to such testing as is required by any State or jurisdiction in the enforcement of item (4) of Table 1 to § 383.51…
…section must pass specialized tests to obtain each endorsement. The State shall issue CDL endorsements only to drivers who successfully complete the tests. (2) The only endorsements allowed on a CLP are the following: (i) Passenger (P); (ii) School bus (S); an…
…certificate as required by § 391.43(g) or a legible copy of the certificate. (ii) For CDL holders, beginning January 30, 2012, if the CDLIS motor vehicle record contains medical certification status information, the motor carrier employer must meet this requir…