---
kind: "section"
citation: "49 C.F.R. § 383.77"
title: "49"
number: "383.77"
heading: "Substitute for knowledge and driving skills tests for drivers with military CMV experience."
url: "https://uscodex.org/cfr/49/383.77"
---

# §383.77. Substitute for knowledge and driving skills tests for drivers with military CMV experience.

- (a) **Knowledge test 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](/cfr/49/383.5.md), who meet the conditions and limitations set forth in [paragraph (a)(2)](#a-2) of this section, a State may waive the requirements in §§ [383.23(a)(1)](/cfr/49/383.23.md?p=a-1) and [383.25(a)(3)](/cfr/49/383.25.md?p=a-3) that a person must pass a knowledge test for a CLP or CDL.
  - (2) **Conditions and limitations.** A current or former military service member applying for waiver of the knowledge test described in [paragraph (a)(1)](#a-1) of this section must certify and provide evidence that, during the 1-year period immediately prior to the application, he/she:
    - (i) **Is or was regularly employed and designated as a—**
      - (A) **Motor Transport Operator—** 88M (Army);
      - (B) **PATRIOT Launching Station Operator—** 14T (Army);
      - (C) **Fueler—** 92F (Army);
      - (D) **Vehicle Operator—** 2T1 (Air Force);
      - (E) **Fueler—** 2F0 (Air Force);
      - (F) **Pavement and Construction Equipment Operator—** 3E2 (Air Force);
      - (G) **Motor Vehicle Operator—** 3531 (Marine Corps); or
      - (H) **Equipment Operator—** E.O. (Navy).
    - (ii) 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;
    - (iii) Has not simultaneously held more than one civilian license (in addition to a military license);
    - (iv) Has not had any license suspended, revoked, or cancelled;
    - (v) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in [§ 383.51(b)](/cfr/49/383.51.md?p=b);
    - (vi) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in [§ 383.51(c)](/cfr/49/383.51.md?p=c); and
    - (vii) 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.
- (b) **Driving skills test waivers for certain current or former military service members applying for a CDL—**
  - (1) **In general.** At the discretion of a State, the driving skills test required by [§ 383.23(a)(1)](/cfr/49/383.23.md?p=a-1), and as specified in [§ 383.113](/cfr/49/383.113.md), 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.
  - (2) **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](/cfr/49/383.113.md). Such conditions must require at least the following:
    - (i) An applicant must provide evidence and certify that he/she:
      - (A) Is regularly employed or was regularly employed within the last year in a military position requiring operation of a CMV;
      - (B) Was exempted from the CDL requirements in [§ 383.3(c)](/cfr/49/383.3.md?p=c); and
      - (C) 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.
    - (ii) An applicant must certify that, during the 2-year period immediately prior to applying for a CDL, he/she:
      - (A) Has not simultaneously held more than one civilian license (in addition to a military license);
      - (B) Has not had any license suspended, revoked, or cancelled;
      - (C) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in [§ 383.51(b)](/cfr/49/383.51.md?p=b);
      - (D) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in [§ 383.51(c)](/cfr/49/383.51.md?p=c); and
      - (E) 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.
- (c) **Endorsement waivers for certain current or former military service members applying for a CLP or a CDL—**
  - (1) **Passenger.** For current or former military service members, as defined in [§ 383.5](/cfr/49/383.5.md), who meet the conditions and limitations set forth in [paragraph (c)(4)](#c-4) of this section, a State may waive the requirements in [§ 383.25(a)(5)(i)](/cfr/49/383.25.md?p=a-5-i), § [383.93(a)](/cfr/49/383.93.md?p=a) and [(c)(2)](/cfr/49/383.93.md?p=c-2) that an applicant must pass a driving skills test and a specialized knowledge test, described in [§ 383.117](/cfr/49/383.117.md), for a passenger (P) endorsement.
  - (2) **Tank vehicle.** For current or former military service members, as defined in [§ 383.5](/cfr/49/383.5.md), who meet the conditions and limitations set forth in [paragraph (c)(4)](#c-4) of this section, a State may waive the requirements in §§ [383.25(a)(5)(iii)](/cfr/49/383.25.md?p=a-5-iii) and [383.93(a)](/cfr/49/383.93.md?p=a) and [(c)(3)](/cfr/49/383.93.md?p=c-3) that an applicant must pass a specialized knowledge test, described in [§ 383.119](/cfr/49/383.119.md), for a tank vehicle (N) endorsement.
  - (3) **Hazardous materials.** For current or former military service members, as defined in [§ 383.5](/cfr/49/383.5.md), who meet the conditions and limitations set forth in [paragraph (c)(4)](#c-4) of this section, a State may waive the requirements in § [383.93(a)(1)](/cfr/49/383.93.md?p=a-1) and [(c)(4)](/cfr/49/383.93.md?p=c-4) that an applicant must pass a specialized knowledge test, described in [§ 383.121](/cfr/49/383.121.md), for a hazardous materials (H) endorsement. States must continue to meet the requirements for a hazardous materials endorsement in [subpart I](/cfr/49/subpartI.md) of this part.
  - (4) **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:
    - (i) 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;
    - (ii) Has not simultaneously held more than one civilian license (in addition to a military license);
    - (iii) Has not had any license suspended, revoked, or cancelled;
    - (iv) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in [§ 383.51(b)](/cfr/49/383.51.md?p=b);
    - (v) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in [§ 383.51(c)](/cfr/49/383.51.md?p=c); and
    - (vi) 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

[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]