§383.77. Substitute for knowledge and driving skills tests for drivers with military CMV experience.
49 C.F.R. § 383.77
Knowledge test waivers for certain current or former military service members applying for a CLP or CDL—
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 section, a State may waive the requirements in §§ 383.23(a)(1) and 383.25(a)(3) that a person must pass a knowledge test for a CLP or CDL.
Conditions and limitations. A current or former military service member applying for waiver of the knowledge test described in paragraph (a)(1) of this section must certify and provide evidence that, during the 1-year period immediately prior to the application, he/she:
Is or was regularly employed and designated as a—
Motor Transport Operator— 88M (Army);
PATRIOT Launching Station Operator— 14T (Army);
Fueler— 92F (Army);
Vehicle Operator— 2T1 (Air Force);
Fueler— 2F0 (Air Force);
Pavement and Construction Equipment Operator— 3E2 (Air Force);
Motor Vehicle Operator— 3531 (Marine Corps); or
Equipment Operator— E.O. (Navy).
Is operating a vehicle representative of the CMV type the driver applicant expects to operate upon separation from the military, or operated such a vehicle type immediately preceding separation from the military;
Has not simultaneously held more than one civilian license (in addition to a military license);
Has not had any license suspended, revoked, or cancelled;
Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b);
Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c); and
Has not 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.
Driving skills test waivers for certain current or former military service members applying for a CDL—
In general. At the discretion of a State, the driving skills test required by § 383.23(a)(1), and 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.
Conditions and limitations. The State shall impose conditions and limitations to restrict the applicants from whom a State may accept alternative requirements for the driving skills test described in § 383.113. Such conditions must require at least the following:
An applicant must provide evidence and certify that he/she:
Is regularly employed or was regularly employed within the last year in a military position requiring operation of a CMV;
Was exempted from the CDL requirements in § 383.3(c); and
Was operating a vehicle representative of the CMV type the driver applicant operates or expects to operate, for at least the 2 years immediately preceding separation from the military.
An applicant must certify that, during the 2-year period immediately prior to applying for a CDL, he/she:
Has not simultaneously held more than one civilian license (in addition to a military license);
Has not had any license suspended, revoked, or cancelled;
Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b);
Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c); and
Has not 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 crash, and has no record of a crash in which he/she was at fault.
Endorsement waivers for certain current or former military service members applying for a CLP or a CDL—
Passenger. For current or former military service members, as defined in § 383.5, who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in § 383.25(a)(5)(i), § 383.93(a) and (c)(2) that an applicant must pass a driving skills test and a specialized knowledge test, described in § 383.117, for a passenger (P) endorsement.
Tank vehicle. For current or former military service members, as defined in § 383.5, who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in §§ 383.25(a)(5)(iii) and 383.93(a) and (c)(3) that an applicant must pass a specialized knowledge test, described in § 383.119, for a tank vehicle (N) endorsement.
Hazardous materials. For current or former military service members, as defined in § 383.5, who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in § 383.93(a)(1) and (c)(4) that an applicant must pass a specialized knowledge test, described in § 383.121, for a hazardous materials (H) endorsement. States must continue to meet the requirements for a hazardous materials endorsement in subpart I of this part.
Conditions and limitations. A current or former military service member applying for waiver of the driving skills test or the specialized knowledge test for a passenger carrier endorsement, the knowledge test for the tank vehicle endorsement, or the knowledge test for the hazardous materials endorsement, must certify and provide evidence that, during the 1-year period immediately prior to the application, he/she:
Is or was regularly employed in a military position requiring operation of a passenger CMV, if the applicant is requesting a waiver of the knowledge and driving skills test for a passenger endorsement; operation of a tank vehicle, if the applicant is requesting a waiver of the knowledge test for a tank vehicle endorsement; or transportation of hazardous materials, if the applicant is requesting a waiver of the knowledge test for a hazardous materials endorsement;
Has not simultaneously held more than one civilian license (in addition to a military license);
Has not had any license suspended, revoked, or cancelled;
Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b);
Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c); and
Has not 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 crash, and has no record of a crash in which he/she was at fault.
Notes, amendments, and revision history
Amendments
[83 FR 48975, Sept. 28, 2018]
Source
Source: 53 FR 27649, July 21, 1988, unless otherwise noted.
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
[83 FR 48975, Sept. 28, 2018]