---
kind: "section"
citation: "49 C.F.R. § 383.23"
title: "49"
number: "383.23"
heading: "Commercial driver's license."
url: "https://uscodex.org/cfr/49/383.23"
---

# §383.23. Commercial driver's license.

- (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)](#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](/cfr/49/subpartJ.md) 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](/cfr/49/subpartF.md), [G](/cfr/49/subpartG.md), 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)](/cfr/49/383.71.md?p=f).
  - (2) If an individual is domiciled in a State while that State is prohibited from issuing CDLs in accordance with [§ 384.405](/cfr/49/384.405.md) 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](/cfr/49/subpartF.md), [G](/cfr/49/subpartG.md), and H of this part, so long as that person meets the requirements of [§ 383.71(f)](/cfr/49/383.71.md?p=f).
  - (3) If an individual possesses a CLP, as defined in [§ 383.5](/cfr/49/383.5.md), the individual is authorized to operate a class of CMV as provided by the CLP in accordance with [§ 383.25](/cfr/49/383.25.md).

## Notes

### Amendments

[76 FR 26878, May 9, 2011, as amended at 83 FR 22875, May 17, 2018; 83 FR 48975, Sept. 28, 2018]

### Authority

Authority: 49 U.S.C. 521, 31136, 31301, et seq., and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 397, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; secs. 5401 and 7208, Pub. L. 114-94, 129 Stat. 1312, 1546, 1593 (49 U.S.C. 31305(d)), sec. 23019 of Pub. L. 117-58, 135 Stat. 429, 777; and 49 CFR 1.87.

### Source

Source: 52 FR 20587, June 1, 1987, unless otherwise noted.

### Amendments

[76 FR 26878, May 9, 2011, as amended at 83 FR 22875, May 17, 2018; 83 FR 48975, Sept. 28, 2018]