49 CFR Part 383 — Commercial Driver's License Standards; Requirements and Penalties

PART 383—COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES Editorial Note: At 90 FR 46525, Sept. 29, 2025, § 383.212 was amended; however, the amendment could not be incorporated due to inaccurate amendatory instruction. Authority: 49 U.S.C. 521, 31136, 31301, et seq., Source: 52 FR 20587, June 1, 1987, unless otherwise noted. Subpart A—General § 383.1 Purpose and scope. (a) The purpose of this part is to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver's license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner. (b) This part: (1) Prohibits a commercial motor vehicle driver from having more than one commercial motor vehicle driver's license; (2) Requires a driver to notify the driver's current employer and the driver's State of domicile of certain convictions; (3) Requires that a driver provide previous employment information when applying for employment as an operator of a commercial motor vehicle; (4) Prohibits an employer from allowing a person with a suspended license to operate a commercial motor vehicle; (5) Establishes periods of disqualification and penalties for those persons convicted of certain criminal and other offenses and serious traffic violations, or subject to any suspensions, revocations, or cancellations of certain driving privileges; (6) Establishes testing and licensing requirements for commercial motor vehicle operators; (7) Requires States to give knowledge and skills tests to all qualified applicants for commercial drivers' licenses which meet the Federal standard; (8) Sets forth commercial motor vehicle groups and endorsements; (9) Sets forth the knowledge and skills test requirements for the motor vehicle groups and endorsements; (10) Sets forth the Federal standards for procedures, methods, and minimum passing scores for States and others to use in testing and licensing commercial motor vehicle operators; and (11) Establishes requirements for the State issued commercial license documentation. [52 FR 20587, June 1, 1987, as amended at 53 FR 27648, July 21, 1988; 54 FR 40787, Oct. 3, 1989] § 383.3 Applicability. (a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States. (b) The exceptions contained in § 390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in § 390.3(f) must comply with the requirements of this part, unless otherwise provided in this section. (c) Exception for certain military drivers. (d) Exception for farmers, firefighters, emergency response vehicle drivers, and drivers removing snow and ice. (1) Operators of a farm vehicle which is: (i) Controlled and operated by a farmer, including operation by employees or family members; (ii) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm; (iii) Not used in the operations of a for-hire motor carrier, except for an exempt motor carrier as defined in § 390.5 of this subchapter; and (iv) Used within 241 kilometers (150 miles) of the farmer's farm. (2) Firefighters and other persons who operate CMVs which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies. (3)(i) A driver, employed by an eligible unit of local government, operating a commercial motor vehicle within the boundaries of that unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, if (A) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or (B) The employing governmental entity determines that a snow or ice emergency exists that requires additional assistance. (ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles. (e) Restricted commercial drivers license (CDL) for certain drivers in the State of Alaska. (i) The knowledge tests standards for testing procedures and methods of subpart H, but must continue to administer knowledge tests that fulfill the content requirements of subpart G for all (ii) All the skills test requirements; and (iii) The requirement under § 383.153(a)(4) to have a photograph on the license document. (2) Drivers of CMVs in the State of Alaska must operate exclusively over roads that meet both (i) Such roads are not connected by land highway or vehicular way to the land-connected State highway system; and (ii) Such roads are not connected to any highway or vehicular way with an average daily traffic volume greater than 499. (3) Any CDL issued under the terms of this paragraph must carry two restrictions: (i) Holders may not operate CMVs over roads other than those specified in paragraph (e)(2) of this section; and (ii) The license is not valid for CMV operation outside the State of Alaska. (f) Restricted CDL for certain drivers in farm-related service industries. (i) Agri-chemical businesses; (ii) Custom harvesters; (iii) Farm retail outlets and suppliers; (iv) Livestock feeders. (2) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except subpart H of this part. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs. (3) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows: (i) Applicants must have a good driving record as defined in this paragraph. Drivers who have not held any motor vehicle operator's license for at least one year shall not be eligible for this CDL. Drivers who have between one and two years of driving experience must demonstrate a good driving record for their entire driving history. Drivers with more than two years of driving experience must have a good driving record for the two most recent years. For the purposes of this paragraph, the term good driving record (A) Has not had more than one license; (B) Has not had any (C) Has not had any (D) Has not had any (E) Has not had any (ii) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs but shall be limited to the seasonal period or periods as defined by the State of licensure, provided that the total number of days in any calendar year for which the restricted CDL is valid does not exceed 210. If a State elects to provide for more than one seasonal period, the restricted CDL is valid for commercial motor vehicle operation only during the currently approved season, and must be revalidated for each successive season. Only one seasonal period of validity may appear on the license document at a time. The good driving record must be confirmed prior to any renewal or revalidation. (iii) Restricted CDL holders are limited to operating Group B and C vehicles, as described in subpart F of this part. (iv) Restricted CDLs shall not be issued with any (v) Restricted CDL holders may not drive vehicles carrying any placardable quantities of hazardous materials, except for diesel fuel in quantities of 3,785 liters (1,000 gallons) or less; liquid fertilizers (i.e., plant nutrients) in vehicles or implements of husbandry in total quantities of 11,355 liters (3,000 gallons) or less; and solid fertilizers (i.e., solid plant nutrients) that are not transported with any organic substance. (vi) Restricted CDL holders may not hold an unrestricted CDL at the same time. (vii) Restricted CDL holders may not operate a commercial motor vehicle beyond 241 kilometers (150 miles) from the place of business or the farm currently being served. (g) Restricted CDL for certain drivers in the pyrotechnic industry. (2) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows: (i) The GVWR of the vehicle to be operated must be less than 4,537 kilograms (10,001 pounds); (ii) If a State believes, at its discretion, that the training required by § 172.704 of this title adequately prepares part-time drivers meeting the other requirements of this paragraph to deal with fireworks and the other potential dangers posed by fireworks transportation and use, the State may waive the hazardous materials knowledge tests of subpart H of this part. The State may impose any requirements it believes is necessary to ensure itself that a driver is properly trained pursuant to § 172.704 of this title. (iii) A restricted CDL document issued pursuant to this paragraph shall have a statement clearly imprinted on the face of the document that is substantially similar as follows: “For use as a CDL only during the period from June 30 through July 6 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds). (3) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except those specifically identified. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs. (4) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs, but shall be limited to the seasonal period of June 30 through July 6 of each year or a lesser period as defined by the State of licensure. (5) Persons who operate commercial motor vehicles during the period from July 7 through June 29 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds) and who also operate such vehicles for the same purposes during the period June 30 through July 6 shall not be issued a restricted CDL pursuant to this paragraph. (h) Exception for drivers of “covered farm vehicles.” (i) Hazardous materials endorsement exemption for certain drivers transporting diesel or jet fuel. (1) Acting within the scope of the license holder's employment, and within the State of domicile (or another State with a hazardous materials endorsement exemption) as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, livestock feeder, or agricultural aviation operation; and (2) Operating a service vehicle that is: (i) Transporting diesel or jet fuel in a quantity of 3,785 liters (1,000 gallons) or less; and (ii) Clearly placarded in accordance with 49 CFR part 172 subpart F. [61 FR 9564, Mar. 8, 1996, as amended at 61 FR 14679, Apr. 3, 1996; 62 FR 1296, Jan. 9, 1997; 67 FR 49755, July 31, 2002; 67 FR 61821, Oct. 2, 2002; 78 FR 16194, Mar. 14, 2013; 78 FR 58479, Sept. 24, 2013; 81 FR 47720, July 22, 2016; 81 FR 68346, Oct. 4, 2016; 81 FR 71016, Oct. 14, 2016; 86 FR 35640, July 7, 2021; 87 FR 59036, Sept. 29, 2022; 91 FR 927, Jan. 9, 2026; 91 FR 7864, Feb. 19, 2026] § 383.5 Definitions. As used in this part: Administrator Alcohol alcoholic beverage (1) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (2) Wine of not less than one-half of one per centum of alcohol by volume, or (3) Distilled spirits as defined in section 5002(a)(8), of such Code. Alcohol concentration Alien CDL downgrade (1) A State allows the driver to change his or her self-certification to interstate, but operating exclusively in transportation or operation excepted from part 391, as provided in § 390.3(f), § 391.2, § 391.68 or § 398.3 of this chapter; (2) A State allows the driver to change his or her self-certification to intrastate only, if the driver qualifies under that State's physical qualification requirements for intrastate only; (3) A State allows the driver to change his or her certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the State driver qualification requirements, or (4) A State removes the CLP or CDL privilege from the driver's license. CDL driver CDLIS driver record Commerce (1) Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; or (2) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in paragraph (1) of this definition. Commercial driver's license (CDL) Commercial driver's license information system (CDLIS) Commercial learner's permit (CLP) Commercial motor vehicle (CMV) (1) Combination Vehicle (Group A)—having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or (2) Heavy Straight Vehicle (Group B)—having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (3) Small Vehicle (Group C) that does not meet Group A or B requirements but that either— (i) Is designed to transport 16 or more passengers, including the driver; or (ii) Is of any size and is used in the transportation of hazardous materials as defined in this section. Controlled substance Conviction Disqualification (1) The suspension, revocation, or cancellation of a CLP or CDL by the State or jurisdiction of issuance. (2) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations). (3) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this subchapter. Driver applicant Driver's license Driving a commercial motor vehicle while under the influence of alcohol (1) Driving a CMV while the person's alcohol concentration is 0.04 or more; (2) Driving under the influence of alcohol, as prescribed by State law; or (3) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of § 383.51(b) or § 392.5(a)(2) of this subchapter. Electronic device Eligible unit of local government Employee Employer Endorsement Evidence of lawful immigration status (1) For applicants domiciled in a foreign jurisdiction (except Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands): (i) An unexpired foreign passport; and (ii) A Form I-94/94A issued by the U.S. Department of Homeland Security with an unexpired Admit Until Date indicating one of the following classifications: H-2A-Temporary Agricultural Workers, H-2B-Temporary Non-Agricultural Workers, or E-2-Treaty Investors. (2) For applicants domiciled in Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands: any of the documents specified in Table 1 of section 383.71. Fatality Felony Foreign Foreign commercial driver Gross combination weight rating (GCWR) (1) A value specified by the manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration, or (2) The sum of the gross vehicle weight ratings (GVWRs) or the gross vehicle weights (GVWs) of the power unit and the towed unit(s), or any combination thereof, that produces the highest value. Exception: The GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle. Gross vehicle weight rating (GVWR) Hazardous materials Imminent hazard Jet fuel Manual transmission Military service member Military services Mobile telephone Motor vehicle Non-CDL Non-CMV Non-domiciled CLP or Non-domiciled CDL (1) To an individual domiciled in a foreign country meeting the requirements of § 383.23(b)(1). (2) To an individual domiciled in another State meeting the requirements of § 383.23(b)(2). Out-of-service order Representative vehicle School bus State State of domicile Tank vehicle Texting (1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. (2) Texting does not include: (i) Inputting, selecting, or reading information on a global positioning system or navigation system; or (ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or (iii) Using a device capable of performing multiple functions ( e.g., etc. Third-party skills test examiner Third-party tester TWIC United States Vehicle Vehicle group [52 FR 20587, June 1, 1987] Editorial Note: For Federal Register www.govinfo.gov. § 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 remain valid until its stated expiration date. [67 FR 49756, July 31, 2002] Subpart B—Single License Requirement § 383.21 Number of drivers' licenses. No person who operates a commercial motor vehicle shall at any time have more than one driver's license. [64 FR 48110, Sept. 2, 1999] § 383.23 Commercial driver's license. (a) General rule. (2) Except as provided in paragraph (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 of this part, issued by his/her State or jurisdiction of domicile. (b) Exception. 1 1 (2) If an individual is domiciled in a State while that State is prohibited from issuing CDLs in accordance with § 384.405 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, G, and H of this part, so long as that person meets the requirements of § 383.71(f). (3) If an individual possesses a CLP, as defined in § 383.5, the individual is authorized to operate a class of CMV as provided by the CLP in accordance with § 383.25. [76 FR 26878, May 9, 2011, as amended at 83 FR 22875, May 17, 2018; 83 FR 48975, Sept. 28, 2018] § 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 holder of a valid CDL who has the proper CDL group and endorsement(s) necessary to operate the CMV and is otherwise authorized to operate the CMV for that trip. The CDL holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation and direct supervision. (2) The CLP holder holds a valid driver's license issued by the same jurisdiction that issued the CLP. (3) The CLP holder must have taken and passed a general knowledge test that meets the Federal standards contained in subparts F, G, and H of this part for the commercial motor vehicle that person operates or expects to operate. (4) The CLP holder must be 18 years of age or older. (5) Endorsements: (i) A CLP holder with a passenger (P) endorsement must have taken and passed the P endorsement knowledge test. A CLP holder with a P endorsement is prohibited from operating a CMV carrying passengers, other than Federal/State auditors and inspectors, test examiners, other trainees, and the CDL holder accompanying the CLP holder as prescribed by paragraph (a)(1) of this section. The P endorsement must be class specific. (ii) A CLP holder with a school bus (S) endorsement must have taken and passed the S endorsement knowledge test. A CLP holder with an S endorsement is prohibited from operating a school bus with passengers other than Federal/State auditors and inspectors, test examiners, other trainees, and the CDL holder accompanying the CLP holder as prescribed by paragraph (a)(1) of this section. (iii) A CLP holder with a tank vehicle (N) endorsement must have taken and passed the N endorsement knowledge test. A CLP holder with an N endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue. (iv) All other Federal endorsements are prohibited on a CLP. (6) The CLP holder does not operate a commercial motor vehicle transporting hazardous materials as defined in § 383.5. (b) The CLP must be a separate document from the CDL or non-CDL. (c) The CLP must be valid for no more than one year from the initial date of issuance without requiring the CLP holder to retake the general and endorsement knowledge tests. CLPs issued for a period of less than one year may be renewed provided the CLP is not valid for more than one year from the date of initial issuance. (d) The issuance of a CLP is a precondition to the initial issuance of a CDL. The issuance of a CLP is also a precondition to the upgrade of a CDL if the upgrade requires a skills test. (e) The CLP holder is not eligible to take the CDL skills test in the first 14 days after initial issuance of the CLP. [76 FR 26879, May 9, 2011, as amended at 83 FR 65571, Dec. 21, 2018; 84 FR 51432, Sept. 30, 2019; 88 FR 80181, Nov. 17, 2023] Subpart C—Notification Requirements and Employer Responsibilities § 383.31 Notification of convictions for driver violations. (a) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation), shall notify his/her current employer of such conviction. The notification must be made within 30 days after the date that the person has been convicted. (b) Notification. (1) Driver's full name; (2) Driver's license number; (3) Date of conviction; (4) The specific criminal or other offense(s), serious traffic violation(s), and other violation(s) of State or local law relating to motor vehicle traffic control, for which the person was convicted and any suspension, revocation, or cancellation of certain driving privileges which resulted from such conviction(s); (5) Indication whether the violation was in a commercial motor vehicle; (6) Location of offense; and (7) Driver's signature. [52 FR 20587, June 1, 1987, as amended at 54 FR 40787, Oct. 3, 1989; 78 FR 24688, Apr. 26, 2013; 91 FR 37050, June 22, 2026] § 383.33 Notification of driver's license suspensions. Each employee who has a driver's license suspended, revoked, or canceled by a State or jurisdiction, who loses the right to operate a commercial motor vehicle in a State or jurisdiction for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify his/her 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, lost privilege, or disqualification. [54 FR 40788, Oct. 3, 1989] § 383.35 Notification of previous employment. (a) Any person applying for employment as an operator of a commercial motor vehicle shall provide at the time of application for employment, the information specified in paragraph (c) of this section. (b) All employers shall request the information specified in paragraph (c) of this section from all persons applying for employment as a commercial motor vehicle operator. The request shall be made at the time of application for employment. (c) The following employment history information for the 10 years preceding the date the application is submitted shall be presented to the prospective employer by the applicant: (1) A list of the names and addresses of the applicant's previous employers for which the applicant was an operator of a commercial motor vehicle; (2) The dates the applicant was employed by these employers; and (3) The reason for leaving such employment. (d) The applicant shall certify that all information furnished is true and complete. (e) An employer may require an applicant to provide additional information. (f) Before an application is submitted, the employer shall inform the applicant that the information he/she provides in accordance with paragraph (c) of this section may be used, and the applicant's previous employers may be contacted for the purpose of investigating the applicant's work history. § 383.37 Employer responsibilities. No employer may allow, require, permit, or authorize a driver to operate a CMV in the United States if the employer knows or should reasonably know that any of the following circumstances 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. (b) During any period in which the driver has a CLP or CDL disqualified by a State, has lost the right to operate a CMV in a State, or has been disqualified from operating a CMV. (c) During any period in which the driver has more than one CLP or CDL. (d) During any period in which the driver, or the CMV the driver is operating, or the motor carrier operation, is subject to an out-of-service order. (e) In violation of a Federal, State, or local law or regulation pertaining to railroad-highway grade crossings. [76 FR 26879, May 9, 2011, as amended at 78 FR 60231, Oct. 1, 2013; 88 FR 80181, Nov. 17, 2023] Subpart D—Driver Disqualifications and Penalties § 383.51 Disqualification of drivers. (a) General. (2) An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV. (3) A holder of a CLP or CDL is subject to disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder drives a CMV or non-CMV and is convicted of the violations listed in those paragraphs. (4) Determining first and subsequent violations. (5) The disqualification period must be in addition to any other previous periods of disqualification. (6) Reinstatement after lifetime disqualification. (7) A foreign commercial driver is subject to disqualification under this subpart. (b) Disqualification for major offenses. Table 1 to § 383.51 If a driver operates a motor vehicle and is convicted of: For a first conviction or refusal to be tested while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a first conviction or refusal to be tested while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials as defined in § 383.5, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * (1) Being under the influence of alcohol as prescribed by State law * * * 1 year 1 year 3 years Life Life. (2) Being under the influence of a controlled substance * * * 1 year 1 year 3 years Life Life. (3) Having an alcohol concentration of 0.04 or greater while operating a CMV * * * 1 year Not applicable 3 years Life Not applicable. (4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in § 383.72 of this part * * * 1 year 1 year 3 years Life Life. (5) Leaving the scene of an accident * * * 1 year 1 year 3 years Life Life. (6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) or (10) of this table * * * 1 year 1 year 3 years Life Life. (7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV 1 year Not applicable 3 years Life Not applicable. (8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide 1 year Not applicable 3 years Life Not applicable. (9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance * * * Life-not eligible for 10-year reinstatement Life-not eligible for 10-year reinstatement Life-not eligible for 10-year reinstatement Life-not eligible for 10-year reinstatement Life-not eligible for 10-year reinstatement (10) Using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11) Life—not eligible for 10-year reinstatement Not applicable Life—not eligible for 10-year reinstatement Life—not eligible for 10-year reinstatement Not applicable. (c) Disqualification for serious traffic violations. Table 2 to § 383.51 If the driver operates a motor vehicle and is convicted of: For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * * For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * * (1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the regulated or posted speed limit 60 days 60 days 120 days 120 days. (2) Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property 60 days 60 days 120 days 120 days. (3) Making improper or erratic traffic lane changes 60 days 60 days 120 days 120 days. (4) Following the vehicle ahead too closely 60 days 60 days 120 days 120 days. (5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident 60 days 60 days 120 days 120 days. (6) Driving a CMV without obtaining a CLP or CDL 60 days Not applicable 120 days Not applicable. (7) Driving a CMV without a CLP or CDL in the driver's possession 1 60 days Not applicable 120 days Not applicable. (8) Driving a CMV without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported 60 days Not applicable 120 days Not applicable. (9) Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV. 2 60 days Not applicable 120 days Not applicable. (10) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV. 2 60 days Not applicable 120 days Not applicable. 1 2 Driving, for the purpose of this disqualification, (d) Disqualification for railroad-highway grade crossing offenses. Table 3 to § 383.51 If the driver is convicted of operating a CMV in violation of a Federal, State or local law because * * *. For a first conviction a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * (1) The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train * * * No less than 60 days No less than 120 days No less than 1 year. (2) The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear * * * No less than 60 days No less than 120 days No less than 1 year. (3) The driver is always required to stop, but fails to stop before driving onto the crossing * * * No less than 60 days No less than 120 days No less than 1 year. (4) The driver fails to have sufficient space to drive completely through the crossing without stopping * * * No less than 60 days No less than 120 days No less than 1 year. (5) The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing * * * No less than 60 days No less than 120 days No less than 1 year. (6) The driver fails to negotiate a crossing because of insufficient undercarriage clearance * * * No less than 60 days No less than 120 days No less than 1 year. (e) Disqualification for violating out-of-service orders. TABLE 4 TO § 383.51 If the driver operates a CMV and is convicted of * * * For a first conviction while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a second conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * For a third or subsequent conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * (1) Violating a driver or vehicle out-of-service order while transporting nonhazardous materials No less than 180 days or more than 1 year No less than 2 years or more than 5 years No less than 3 years or more than 5 years. (2) Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in § 383.5, or while operating a vehicle designed to transport 16 or more passengers, including the driver No less than 180 days or more than 2 years No less than 3 years or more than 5 years No less than 3 years or more than 5 years. [67 FR 49756, July 31, 2002, as amended at 68 FR 4396, Jan. 29, 2003; 72 FR 36787, July 5, 2007; 75 FR 59134, Sept. 27, 2010; 76 FR 26879, May 9, 2011; 76 FR 75486, Dec. 2, 2011; 77 FR 59825, Oct. 1, 2012; 78 FR 58479, Sept. 24, 2013; 78 FR 60231, Oct. 1, 2013; 84 FR 35338, July 23, 2019; 86 FR 35640, July 7, 2021] § 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 § 383.5. (b) The period of the disqualification may not exceed 30 days unless the FMCSA complies with the provisions of paragraph (c) of this section. (c) The Assistant Administrator or his/her delegate may provide the driver an opportunity for a hearing after issuing a disqualification for a period of 30 days or less. The Assistant Administrator or his/her delegate must provide the driver notice of a proposed disqualification period of more than 30 days and an opportunity for a hearing to present a defense to the proposed disqualification. A disqualification imposed under this paragraph may not exceed one year in duration. The driver, or a representative on his/her behalf, may file an appeal of the disqualification issued by the Assistant Administrator's delegate with the Assistant Administrator, Adjudications Counsel (MC-CC), Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. (d) Any disqualification imposed in accordance with the provisions of this section must be transmitted by the FMCSA to the jurisdiction where the driver is licensed and must become a part of the driver's record maintained by that jurisdiction. (e) A driver who is simultaneously disqualified under this section and under other provisions of this subpart, or under State law or regulation, shall serve those disqualification periods concurrently. [67 FR 49759, July 31, 2002, as amended at 72 FR 55700, Oct. 1, 2007] § 383.53 Penalties. (a) General rule. (b) Special penalties pertaining to violation of out-of-service orders Driver violations. (2) Employer violations. (c) Special penalties pertaining to railroad-highway grade crossing violations. [80 FR 18155, Apr. 3, 2015] Subpart E—Testing and Licensing Procedures Source: 53 FR 27649, July 21, 1988, unless otherwise noted. § 383.71 Driver application and certification procedures. (a) Commercial Learner's Permit. (1) The person must be 18 years of age or older and provide proof of his/her age. (2) The person must have taken and passed a general knowledge test that meets the Federal standards contained in subparts F, G, and H of this part for the commercial motor vehicle group that person operates or expects to operate. (3) The person must certify that he/she is not subject to any disqualification under § 383.51, or any license disqualification under State law, and that he/she does not have a driver's license from more than one State or jurisdiction. (4) The person must provide to the State of issuance the information required to be included on the CLP as specified in subpart J of this part. (5) The person must provide to the State proof of citizenship or lawful permanent residency as specified in Table 1 of this section or obtain a Non-domiciled CLP as specified in paragraph (f) of this section. (6) The person must provide proof that the State to which application is made is his/her State of domicile, as the term is defined in § 383.5. Acceptable proof of domicile is a document with the person's name and residential address within the State, such as a government issued tax form. (7) The person must provide the names of all States where the applicant has been licensed to drive any type of motor vehicle during the previous 10 years. (8) A person seeking a passenger (P), school bus (S) or tank vehicle (N) endorsement must have taken and passed the endorsement knowledge test for the specific endorsement. (9) The person must provide the State the certification contained in paragraph (b)(1) of this section. (10) Beginning on February 7, 2022, a person must complete the training prescribed in 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) endorsement for the first time. The training must be administered by a provider listed on the Training Provider Registry. (b) Initial Commercial Driver's License. (1) Initial Commercial Driver's License applications submitted on or after January 30, 2012. (i) Non-excepted interstate. (ii) Excepted interstate. (iii) Non-excepted intrastate. (iv) Excepted intrastate. (2) The person must pass a driving or skills test in accordance with the standards contained in subparts F, G, and H of this part taken in a motor vehicle that is representative of the type of motor vehicle the person operates or expects to operate; or provide evidence that he/she has successfully passed a driving test administered by an authorized third party. (3) The person must certify that the motor vehicle in which the person takes the driving skills test is representative of the type of motor vehicle that person operates or expects to operate. (4) The person must provide the State the information required to be included on the CDL as specified in subpart J of this part. (5) The person must certify that he/she is not subject to any disqualification under § 383.51, or any license disqualification under State law, and that he/she does not have a driver's license from more than one State or jurisdiction. (6) The person must surrender his/her non-CDL driver's licenses and CLP to the State. (7) The person must provide the names of all States where he/she has previously been licensed to drive any type of motor vehicle during the previous 10 years. (8) If the person is applying for a hazardous materials endorsement, he/she must comply with Transportation Security Administration requirements codified in 49 CFR part 1572. A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his/her U.S. Citizenship and Immigration Services (USCIS) Alien registration number. (9) The person must provide proof of citizenship or lawful permanent residency as specified in Table 1 of this section, or be registered under paragraph (f) of this section. Table 1 to § 383.71—List of Acceptable Proofs of Citizenship or Lawful Permanent Residency Status Proof of status U.S. Citizen • Valid, unexpired U.S. Passport. • Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's State of birth, Puerto Rico, the Virgin Islands, Guam, American Samoa or the Commonwealth of the Northern Mariana Islands. • Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State. • Certificate of Naturalization issued by the U.S. Department of Homeland Security (DHS). • Certificate of Citizenship issued by DHS. Lawful Permanent Resident • Valid, unexpired Permanent Resident Card, issued by USCIS or INS. (10) The person must provide proof that the State to which application is made is his/her State of domicile, as the term is defined in § 383.5. Acceptable proof of domicile is a document with the person's name and residential address within the State, such as a government issued tax form. (11) Beginning on February 7, 2022, a person must complete the training prescribed in subpart F of part 380 of this chapter before taking the skills test for a Class A or B CDL, a passenger (P) or school bus (S) endorsement for the first time or the knowledge test for a hazardous materials (H) endorsement for the first time. The training must be administered by a provider listed on the Training Provider Registry. (c) License transfer. (1) Provide to the new State of domicile the certifications contained in paragraphs (b)(1) and (5) of this section; (2) Provide to the new State of domicile updated information as specified in subpart J of this part; (3) If the applicant wishes to retain a hazardous materials endorsement, he/she must comply with the requirements specified in paragraph (b)(8) of this section and State requirements as specified in § 383.73(c)(4); (4) Surrender the CDL from the old State of domicile to the new State of domicile; and (5) Provide the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years. (6) Provide to the State proof of citizenship or lawful permanent residency as specified in Table 1 of this section, or be registered under paragraph (f) of this section. (7) Provide proof to the State that this is his/her State of domicile, as the term is defined in § 383.5. Acceptable proof of domicile is a document with the person's name and residential address within the State, such as a government issued tax form. (d) License renewal. (1) Provide to the State certifications contained in paragraphs (b)(1) and (5) of this section; (2) Provide to the State updated information as specified in subpart J of this part; and (3) If a person wishes to retain a hazardous materials endorsement, he/she must comply with the requirements specified in paragraph (b)(8) of this section and pass the test specified in § 383.121 for such endorsement. (4) Provide the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years. (5) Provide to the State proof of citizenship or lawful permanent residency as specified in Table 1 of this section, or be registered under paragraph (f) of this section. (6) Provide proof to the State that this is his/her State of domicile, as the term is defined in § 383.5. Acceptable proof of domicile is a document, such as a government issued tax form, with the person's name and residential address within the State. (e) License upgrades. (1) Provide the certifications specified in paragraph (b) of this section; (2) Pass all the knowledge tests in accordance with the standards contained in subparts F, G, and H of this part and all the skills tests specified in paragraph (b)(2) of this section for the new vehicle group and/or different endorsements; (3) Comply with the requirements specified in paragraph (b)(8) of this section to obtain a hazardous materials endorsement; (4) Surrender the previous CDL; and (5) Beginning on February 7, 2022, a person must complete the training prescribed in subpart F of part 380 of this chapter before taking the skills test for upgrading to a Class A or B for the first time; or adding a passenger or school bus endorsement to a CDL for the first time; or knowledge test for hazardous materials endorsement for the first time. The training must be administered by a provider on the Training Provider Registry. (f) Non-domiciled CLP and CDL. (i) If the applicant is domiciled in a foreign (ii) If the applicant is domiciled in a State that is prohibited from issuing CLPs and CDLs in accordance with § 384.405 of this subchapter. That person is eligible to obtain a non-domiciled CLP or CDL from any State that elects to issue a non-domiciled CLP or CDL and that complies with the testing and licensing standards contained in subparts F, G, and H of this part. (2) An applicant for a non-domiciled CLP and CDL must do both of the following: (i) Complete the requirements to obtain a CLP contained in paragraph (a) of this section or a CDL contained in paragraph (b) of this section, except as provided in paragraph (f)(3) of this section. (ii) After receipt of the non-domiciled CLP or CDL, and for as long as it is valid, notify the State which issued the non-domiciled CLP or CDL of any adverse action taken by any jurisdiction or governmental agency, foreign or domestic, against his/her driving privileges. Such adverse actions include, but are not limited to, license disqualification or disqualification from operating a commercial motor vehicle for the convictions described in § 383.51. Notifications must be made within the time periods specified in § 383.33. (3) Eligibility for applicants domiciled in a foreign jurisdiction: (i) To be eligible for a Non-domiciled CLP or CDL, an applicant domiciled in a foreign jurisdiction must: (A) Have lawful immigration status in the United States, and (B) Provide evidence of lawful immigration status, (ii) No proof of domicile is required. (iii) An applicant for a non-domiciled CLP or CDL is not required to surrender his/her foreign license. (g) Existing CLP and CDL Holder's Self-Certification. (h) Medical certification documentation required by the State. (1) New CLP and CDL applicants. (ii) On or after June 23, 2025, a new CLP or CDL applicant who certifies that he/she will operate CMVs in non-excepted, interstate commerce must be medically examined and certified in accordance with 49 CFR 391.43 as medically qualified to operate a CMV by a medical examiner, as defined in 49 CFR 390.5. Upon receiving an electronic copy of the medical examiner's certificate from FMCSA, the State will post a medical qualifications status of “certified” on the CDLIS driver record for the driver; (2) Existing CLP and CDL holders. By January 30, 2014, provide the State with an original or copy (as required by the State) of a current medical examiner's certificate prepared by a medical examiner, as defined in 49 CFR 390.5, and the State will post a certification status of “certified” on CDLIS driver record for the driver. If the non-excepted, interstate CLP or CDL holder fails to provide the State with a current medical examiner's certificate, the State will post a certification status of “not-certified” in the CDLIS driver record for the driver, and initiate a CLP or CDL downgrade following State procedures in accordance with § 383.73(o)(4); and (3) Maintaining the medical certification status of “certified.” (ii) On or after June 23, 2025, in order to maintain a medical certification status of “certified,” a CLP or CDL holder who certifies that he/she will operate CMVs in non-excepted, interstate commerce must continue to be medically examined and certified in accordance with 49 CFR 391.43 as physically qualified to operate a commercial motor vehicle by a medical examiner, as defined in 49 CFR 390.5. FMCSA will provide the State with an electronic copy of the medical examiner's certificate information for all subsequent medical examinations in which the driver has been deemed qualified. (4) In the event of a conflict between the medical certification information provided electronically by FMCSA and a paper copy of the medical examiner's certificate, the medical certification information provided electronically by FMCSA shall control. [76 FR 26881, May 9, 2011, as amended at 77 FR 59825, Oct. 1, 2012; 78 FR 58480, Sept. 24, 2013; 80 FR 22810, Apr. 23, 2015; 80 FR 59072, Oct. 1, 2015; 81 FR 88803, Dec. 8, 2016; 83 FR 28780, June 21, 2018; 85 FR 6100, Feb. 4, 2020; 86 FR 32649, June 22, 2021; 86 FR 57070, Oct. 14, 2021; 90 FR 46523, Sept. 29, 2025] § 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 of this subpart and § 392.5(a)(2) of this subchapter. Consent is implied by driving a commercial motor vehicle. [80 FR 59072, Oct. 1, 2015] § 383.73 State procedures. (a) Commercial Learner's Permit. (1) Require the applicant to make the certifications, pass the tests, and provide the information as described in § 383.71(a). (2) Initiate and complete a check of the applicant's driving record as described in paragraph (b)(3) of this section. (3) Make the CLP valid for no more than one year from the date of issuance without requiring the CLP holder to retake the general and endorsement knowledge tests. CLPs issued for a period of less than one year may be renewed provided the CLP is not valid for more than one year from the date of initial issuance. (4) Allow only a group-specific passenger (P) and school bus (S) endorsement and tank vehicle (N) endorsement on a CLP, provided the applicant has taken and passed the knowledge test for the specified endorsement. All other Federal endorsements are prohibited on a CLP; and (5) Complete the Social Security Number verification required by paragraph (g) of this section. (6) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in § 383.71(a)(5) and proof of State of domicile specified in § 383.71(a)(6) for applicants domiciled in a State; and for applicants domiciled in a foreign jurisdiction, evidence of lawful immigration status as required by § 383.71(f)(3)(i)(B). Exception: A State is required to check the proof of citizenship or immigration status specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or non-domiciled CLP (for applicants 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 of citizenship or immigration status check required by this paragraph has been made and noting the date it was done. This exception does not apply to applicants domiciled in a foreign jurisdiction. (7)(i) Before June 23, 2025, for drivers who certified their type of driving according to § 383.71(b)(1)(i) (non-excepted interstate) and, if the CLP applicant submits a current medical examiner's certificate, date-stamp the medical examiner's certificate, and post all required information from the medical examiner's certificate to the CDLIS driver record in accordance with paragraph (o) of this section. (ii) On or after June 23, 2025, for drivers who certified their type of driving according to § 383.71(b)(1)(i) (non-excepted interstate) and, if FMCSA provides current medical examiner's certificate information electronically, post all required information matching the medical examiner's certificate to the CDLIS driver record in accordance with paragraph (o) of this section. (8) Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse, and if, in response to the request, the State receives notification that pursuant to § 382.501(a) of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not issue, renew, or upgrade the CLP. If the applicant currently holds a CLP issued by the State, the State must also comply with the procedures set forth in paragraph (q) of this section. (b) Initial CDL. (1) Require the driver applicant to certify, pass tests, and provide information as described in § 383.71(b); (2) Check that the vehicle in which the applicant takes his/her test is representative of the vehicle group the applicant has certified that he/she operates or expects to operate; (3) Initiate and complete a check of the applicant's driving record to ensure that the person is not subject to any disqualification under § 383.51, or any license disqualification under State law, and does not have a driver's license from more than one State or jurisdiction. The record check must include, but is not limited to, the following: (i) A check of the applicant's driving record as maintained by his/her current State of licensure, if any; (ii) A check with the CDLIS to determine whether the driver applicant already has been issued a CDL, whether the applicant's license has been disqualified, or if the applicant has been disqualified from operating a commercial motor vehicle; (iii) A check with the Problem Driver Pointer System (PDPS) to determine whether the driver applicant has: (A) Been disqualified from operating a motor vehicle (other than a commercial motor vehicle); (B) Had a license (other than CDL) disqualified for cause in the 3-year period ending on the date of application; or (C) Been convicted of any offenses contained in 49 U.S.C. 30304(a)(3); (iv) A request for the applicant's complete driving record from all States where the applicant was previously licensed over the last 10 years to drive any type of motor vehicle. Exception: (v) Beginning January 30, 2012, a check that the medical certification status of a driver that self-certified according to § 383.71(b)(1)(i) of this chapter (non-excepted interstate) is “certified;” (4) Require the driver applicant to surrender his/her non-CDL driver's license and CLP; (5)(i) Before June 23, 2025, for drivers who certified their type of driving according to § 383.71(b)(1)(i) (non-excepted interstate) and, if the CDL holder submits a current medical examiner's certificate, date-stamp the medical examiner's certificate and post all required information from the medical examiner's certificate to the CDLIS driver record in accordance with paragraph (o) of this section. (ii) On or after June 23, 2025, for drivers who certified their type of driving according to § 383.71(b)(1)(i) (non-excepted interstate) and, if FMCSA provides current medical examiner's certificate information electronically, post all required information matching the medical examiner's certificate to the CDLIS driver record in accordance with paragraph (o) of this section. (6) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in § 383.71(b)(9) and proof of State of domicile specified in § 383.71(b)(10) for applicants domiciled in a State; and for applicants domiciled in a foreign jurisdiction, evidence of lawful immigration status as required by § 383.71(f)(3)(i)(B). Exception: A State is required to check the proof of citizenship or immigration status specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or non-domiciled CLP (for applicants 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 of citizenship or immigration status check required by this paragraph has been made and noting the date it was done. This exception does not apply to applicants domiciled in a foreign jurisdiction. (7) If not previously done, complete the Social Security Number verification required by paragraph (g) of this section; (8) For persons applying for a hazardous materials endorsement, require compliance with the standards for such endorsement specified in §§ 383.71(b)(8) and 383.141; (9) Make the CDL valid for no more than 8 years from the date of issuance; and (10) Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to § 382.501(a) of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not issue the CDL. (11) Beginning on February 7, 2022, not conduct a skills test of an applicant for a Class A or Class B CDL, or a passenger (P) or school bus (S) endorsement until the State verifies electronically that the applicant completed the training prescribed in subpart F of part 380 of this subchapter. (c) License transfers. (1) Require the driver applicant to make the certifications contained in § 383.71(b)(1) and (5); (2) Complete a check of the driver applicant's record as contained in paragraph (b)(3) of this section; (3) Request and receive updates of information specified in subpart J of this part; (4) If such applicant wishes to retain a hazardous materials endorsement, require compliance with standards for such endorsement specified in §§ 383.71(b)(8) and 383.141 and ensure that the driver has, within the 2 years preceding the transfer, either: (i) Passed the test for such endorsement specified in § 383.121; or (ii) Successfully completed a hazardous materials test or training that is given by a third party and that is deemed by the State to substantially cover the same knowledge base as that described in § 383.121; (5) If not previously done, complete the Social Security Number verification required by paragraph (g) of this section; (6) Require the applicant to surrender the CDL issued by the applicant's previous State of domicile; (7) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in § 383.71(b)(9) and proof of State of domicile specified in § 383.71(b)(10) for applicants domiciled in a State; and for applicants domiciled in a foreign jurisdiction, evidence of lawful immigration status as required by § 383.71(f)(3)(i)(B). Exception: A State is required to check the proof of citizenship or immigration status specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or non-domiciled CLP (for applicants 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 of citizenship or immigration status check required by this paragraph has been made and noting the date it was done. This exception does not apply to applicants domiciled in a foreign jurisdiction. (8) Beginning January 30, 2012, verify from the CDLIS driver record that the medical certification status of driver is “certified” for those who certified according to § 383.71(b)(1)(i). Exception: (9) Make the CDL valid for no more than 8 years from the date of issuance; and (10) Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to § 382.501(a) of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not transfer the CDL. (d) License Renewals. (1) Require the driver applicant to make the certifications contained in § 383.71(b); (2) Complete a check of the driver applicant's record as contained in paragraph (b)(3) of this section; (3) Request and receive updates of information specified in subpart J of this part; (4) If such applicant wishes to retain a hazardous materials endorsement, require the driver to pass the test specified in § 383.121 and comply with the standards specified in §§ 383.71(b)(8) and 383.141 for such endorsement; (5) If not previously done, complete the Social Security Number verification required by paragraph (g) of this section; (6) Make the renewal of the CDL valid for no more than 8 years from the date of issuance; (7) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in § 383.71(b)(9) and proof of State of domicile specified in § 383.71(b)(10) for applicants domiciled in a State; and for applicants domiciled in a foreign jurisdiction, evidence of lawful immigration status as required by § 383.71(f)(3)(i)(B). Exception: A State is required to check the proof of citizenship or immigration status specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or non-domiciled CLP (for applicants 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 of citizenship or immigration status check required by this paragraph has been made and noting the date it was done. This exception does not apply to applicants domiciled in a foreign jurisdiction. (8) Beginning January 30, 2012, verify from the CDLIS driver record that the medical certification status is “certified” for drivers who self-certified according to § 383.71(b)(1)(i). Exception: (9) Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to § 382.501(a) of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not renew the CDL or H endorsement and must comply with the procedures set forth in paragraph (q) of this section. (e) License upgrades. (1) Require such driver applicant to provide certifications, pass tests, and meet applicable hazardous materials standards specified in § 383.71(e); (2) Complete a check of the driver applicant's record as described in paragraph (b)(3) of this section; (3) If not previously done, complete the Social Security Number verification required by paragraph (g) of this section; (4) Require the driver applicant to surrender his/her previous CDL; (5) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in § 383.71(b)(9) and proof of State of domicile specified in § 383.71(b)(10) for applicants domiciled in a State; and for applicants domiciled in a foreign jurisdiction, evidence of lawful immigration status as required by § 383.71(f)(3)(i)(B). Exception: A State is required to check the proof of citizenship or immigration status specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or non-domiciled CLP (for applicants 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 of citizenship or immigration status check required by this paragraph has been made and noting the date it was done. This exception does not apply to applicants domiciled in a foreign jurisdiction. (6) Beginning January 30, 2012, verify from the CDLIS driver record that the medical certification status is “certified” for drivers who self-certified according to § 383.71(b)(1)(i). Exception: (7) Make the CDL valid for no more than 8 years from the date of issuance; and (8) Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to § 382.501(a) of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not issue an upgrade of the CDL and must comply with the procedures set forth in paragraph (q) of this section. (9) Beginning on February 7, 2022, not conduct a skills test of an applicant for an upgrade to a Class A or Class B CDL, or a passenger (P), school bus (S) endorsement, or administer the knowledge test to an applicant for the hazardous materials (H) endorsement, unless the applicant has completed the training required by subpart F of part 380 of this subchapter. (f) Non-domiciled CLP and CDL. (2) State procedures for the issuance of a non-domiciled CLP and CDL, for any modifications thereto, and for notifications to the Commercial Driver's License Information System must at a minimum be identical to those pertaining to any other CLP or CDL, except as set forth in paragraphs (f)(2)(i) through (iv) and (f)(3) of this section. (i) If the applicant is requesting a transfer of his/her Non-domiciled CDL, the State must obtain the Non-domiciled CDL currently held by the applicant and issued by another State; (ii) The State must add the word “non-domiciled” to the face of the CLP or CDL, in accordance with § 383.153(c); and (iii) The State must have established, prior to issuing any Non-domiciled CLP or CDL, the practical capability of disqualifying the holder of any Non-domiciled CLP or CDL, by withdrawing or disqualifying his/her Non-domiciled CLP or CDL as if the Non-domiciled CLP or CDL were a CLP or CDL issued to a person domiciled in the State. (iv) For applicants domiciled in a foreign jurisdiction, the State must ensure that the period of validity of the non-domiciled CLP or CDL does not exceed the Admit Until Date or expiration date on the applicant's I-94/A or 1 year, whichever is sooner. In any case (including where the applicant's I-94/A contains no end date or is marked “D/S” to show it is valid for the duration of status) a State must not issue a non-domiciled CLP or CDL with a period of validity longer than 1 year. (3) Documentation of lawful immigration status Applicants domiciled in a State. (ii) Applicants domiciled in a foreign jurisdiction. evidence of lawful immigration status (B) States must comply with the document verification requirements for applicants domiciled in a foreign jurisdiction set forth in § 383.73(m)(2) before issuing (which includes amending, correcting, reprinting, reinstating, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL. (C) States are prohibited from granting non-domiciled CLP or CDL privileges on a temporary or interim basis pending review and validation of an applicant's evidence of lawful immigration status. (4) Beginning November 18, 2024, the State must request information from the Drug and Alcohol Clearinghouse. If, in response to that request, the State receives notification that pursuant to § 382.501(a) of this chapter the applicant is prohibited from operating a commercial motor vehicle, the State must not issue, renew, transfer or upgrade a non-domiciled CLP or CDL and must comply with the procedures set forth in paragraph (q) of this section, as applicable. (5) Downgrade. Evidence of lawful immigration status CDL downgrade (6) Non-domiciled CDL renewal. (g) Social Security Number verification. (2) Exception. (h) License issuance. (i) Surrender procedure. (j) Penalties for false information. (k) Drivers convicted of fraud related to the testing and issuance of a CLP or CDL. (2) If a State receives credible information that a CLP- or CDL-holder is suspected, but has not been convicted, of fraud related to the issuance of his/her CLP or CDL, the State must require the driver to re-take the skills and/or knowledge tests. Within 30 days of receiving notification from the State that re-testing is necessary, the affected CLP- or CDL-holder must make an appointment or otherwise schedule to take the next available test. If the CLP- or CDL-holder fails to make an appointment within 30 days, the State must disqualify his/her CLP or CDL. If the driver fails either the knowledge or skills test or does not take the test, the State must disqualify his/her CLP or CDL. Once a CLP- or CDL-holder's CLP or CDL has been disqualified, he/she must reapply for a CLP or CDL under State procedures applicable to all CLP and CDL applicants. (l) Reciprocity. (m) Document verification. (1) Exception for applicants domiciled in a State. (2) Document verification and retention for applicants domiciled in a foreign jurisdiction. (i) For offices with only one staff member, all documents must be processed or verified by a supervisor before issuing (which includes amending, correcting, reprinting, reinstating, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL. (ii) In reviewing the evidence of lawful immigration status an applicant domiciled in a foreign jurisdiction (except an applicant domiciled in Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa or the Commonwealth of the Northern Mariana Islands), the State must query the Systematic Alien Verification for Entitlements (SAVE) system (administered by U.S. Citizenship and Immigration Services). If the SAVE final response, including additional verification if needed, does not confirm the applicant's claim to be in lawful immigration status in a category specified in paragraph (1)(ii) of the definition of evidence of lawful immigration status (iii) The State must retain copies of all documents involved in the licensing process, including documents provided by the applicant to prove lawful immigration status and documents showing the results of any SAVE query to verify an applicant's lawful immigration status, and a supervisor must verify them within one business day of issuing (which includes amending, correcting, reprinting, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, reinstating, or upgrading a non-domiciled CLP or CDL. The State must retain the documents for no less than 2 years from the date of issuing (which includes amending, correcting, reprinting, reinstating, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL. (n) Computer system controls. (1) Prevent the issuance of an initial, renewed or upgraded CLP or an initial, renewed, upgraded, or transferred CDL when the results of transactions indicate the applicant is unqualified. These controls, at a minimum, must be established for the following transactions: State, CDLIS, and PDPS driver record checks; and Social Security Number verification. Knowledge and skills test scores verification controls must be established for an initial, renewed, or upgraded CDL. (2) Suspend the issuance process whenever State, CDLIS, and/or PDPS driver record checks return suspect results. The State must demonstrate that it has a system to detect and prevent fraud when a driver record check returns suspect results. At a minimum, the system must ensure that: (i) The results are not connected to a violation of any State or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); (ii) The name of the persons performing the record check and authorizing the issuance, and the justification for the authorization are documented by the State; and (iii) The person performing the record check and the person authorizing the issuance are not the same. (o) Medical recordkeeping Status of CLP or CDL holder. (A) Post the driver's self-certification of type of driving under § 383.71(b)(1) to the CDLIS driver record; (B) Post the information from the medical examiner's certificate within 10 calendar days to the CDLIS driver record, including: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 i.e., ( 7 ( 8 ( 9 e.g., ( 10 (C) Post the medical variance information within 10 calendar days to the CDLIS driver record, including: ( 1 ( 2 (D) Retain the original or a copy of the medical examiner's certificate of any driver required to provide documentation of physical qualification for 3 years beyond the date the certificate was issued. (ii) Status of CLP or CDL holder. (A) Post the driver's self-certification of type of driving under § 383.71(b)(1) to the CDLIS driver record; (B) Post the information from the medical examiner's certificate received from FMCSA to the CDLIS driver record, including: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 i.e., ( 7 ( 8 ( 9 e.g., ( 10 (C) Post the medical variance information received from FMCSA within 1 business day to the CDLIS driver record, including: ( 1 ( 2 (D) Retain the electronic record of the medical examiner's certificate information for any driver required to have documentation of physical qualification for 3 years beyond the date the certificate was issued. (2) Status update. (ii) On or after June 23, 2025, the State must, within 10 calendar days of the driver's medical examiner's certificate or medical variance expiring, the medical examiner's certificate becoming invalid, the medical variance being rescinded, or the medical examiner's certificate being voided by FMCSA, update the medical certification status of that driver as “not certified.” (3) Variance update. (ii) On or after June 23, 2025, within 1 business day of electronically receiving medical variance information from FMCSA regarding the issuance or renewal of a medical variance for a driver, the State must update the CDLIS driver record to include the medical variance information provided by FMCSA. (4) Downgrade. (A)( 1 ( 2 (B) Initiate established State procedures for downgrading the CLP or CDL. The CLP or CDL downgrade must be completed and recorded within 60 days of the driver's medical certification status becoming “not-certified” to operate a CMV. (ii)(A) Before June 23, 2025, if a driver fails to provide the State with the certification contained in § 383.71(b)(1), or a current medical examiner's certificate if the driver self-certifies according to § 383.71(b)(1)(i) that he/she is operating in non-excepted interstate commerce as required by § 383.71(h), the State must mark that CDLIS driver record as “not-certified” and initiate a CLP or CDL downgrade following State procedures in accordance with paragraph (o)(4)(i)(B) of this section. (B) On or after June 23, 2025, if a driver fails to provide the State with the certification contained in § 383.71(b)(1), or, if the driver self-certifies according to § 383.71(b)(1)(i) that he/she is operating in non-excepted interstate commerce as required by § 383.71(h) and the information required by paragraph (o)(2)(ii) of this section is not received and posted, the State must mark that CDLIS driver record as “not-certified” and initiate a CLP or CDL downgrade following State procedures in accordance with paragraph (o)(4)(i)(B) of this section. (5) State contacts for medical variances. (6) Conflicting medical certification information. (p) After February 7, 2022, the State must notify FMCSA that a training provider in the State does not meet applicable State requirements for CMV instruction. (q) Drug and Alcohol Clearinghouse. CDL downgrade (1) Termination of downgrade process when the driver is no longer prohibited. (2) Reinstatement after FMCSA notification that the driver is no longer prohibited. (3) Reinstatement after Clearinghouse error correction. (i) Reinstate the CLP or CDL privilege to the driver's license as expeditiously as possible; and (ii) Expunge from the CDLIS driver record and, if applicable, the motor vehicle record, as defined in § 390.5T of this chapter, any reference related to the driver's erroneous prohibited status. [76 FR 26883, May 9, 2011] Editorial Note: For Federal Register www.govinfo.gov. § 383.75 Third-party testing. (a) Third-party tests. (1) The skills tests given by the third party are the same as those that would otherwise be given by the State using the same version of the skills tests, the same written instructions for test applicants, and the same scoring sheets as those prescribed in subparts G and H of this part; (2) The State must conduct an on-site inspection of each third-party tester at least once every 2 years, with a focus on examiners with irregular results such as 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 testing certificate upon successful completion of a formal skills test examiner training course prescribed in § 384.228 of this chapter; (5) The State must, at least once every 2 years, do one of the following for each third-party examiner: (i) Have State employees covertly take the tests administered by the third party as if the State employee were a test applicant; (ii) Have State employees co-score along with the third-party examiner during CDL skills tests to compare pass/fail results; or (iii) Re-test a sample of drivers who were examined by the third party to compare pass/fail results; (6) The State must take prompt and appropriate remedial action against a third-party tester that fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the third-party contract; (7) A skills test examiner who is also a skills instructor either as a part of a school, training program or otherwise is prohibited from administering a skills test to an applicant who received skills training by that skills test examiner; and (8) The State has an agreement with the third party containing, at a minimum, provisions that: (i) Allow the FMCSA, or its representative, and the State to conduct random examinations, inspections, and audits of its records, facilities, and operations without prior notice; (ii) Require that all third-party skills test examiners meet the qualification and training standards of § 384.228 of this chapter; (iii) Allow the State to do any of the following: (A) Have State employees covertly take the tests administered by the third party as if the State employee were a test applicant; (B) Have State employees co-score along with the third-party examiner during CDL skills tests to compare pass/fail results; or (C) Have the State re-test a sample of drivers who were examined by the third party; (iv) Reserve unto the State the right to take prompt and appropriate remedial action against a third-party tester that fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the third-party contract; (v) Require the third-party tester to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of applicants for a CDL. Exception: A third-party tester that is a government entity is not required to maintain a bond; (vi) Require the third-party tester to use only CDL skills examiners who have successfully completed a formal CDL skills test examiner training course as prescribed by the State and have been certified by the State as a CDL skills examiner qualified to administer CDL skills tests; (vii) Require the third-party tester to use designated road test routes that have been approved by the State; (viii) Require the third-party tester to submit a schedule of CDL skills testing appointments to the State no later than two business days prior to each test; and (ix) Require the third-party tester to maintain copies of the following records at its principal place of business: (A) A copy of the State certificate authorizing the third-party tester to administer a CDL skills testing program for the classes and types of commercial motor vehicles listed; (B) A copy of each third-party examiner's State certificate authorizing the third-party examiner to administer CDL skills tests for the classes and types of commercial motor vehicles listed; (C) A copy of the current third-party agreement; (D) A copy of each completed CDL skills test scoring sheet for the current year and the past two calendar years; (E) A copy of the third-party tester's State-approved road test route(s); and (F) A copy of each third-party examiner's training record. (b) Proof of testing by a third party. (c) Minimum number of tests conducted. [76 FR 26886, May 9, 2011, as amended at 78 FR 17881, Mar. 25, 2013; 88 FR 80181, Nov. 17, 2023] § 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 In general. (2) Conditions and limitations. (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); (vi) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(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 In general. (2) Conditions and limitations. (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); 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); (D) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(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 Passenger. (2) Tank vehicle. (3) Hazardous materials. (4) Conditions and limitations. (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); (v) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(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. [83 FR 48975, Sept. 28, 2018] § 383.79 Driving skills testing of out-of-State students; knowledge and driving skills testing of military personnel. (a) CDL applicants trained out-of-State State that administers the driving skills test. i.e., (2) The State of domicile. (b) Active duty military service members. (1) Role of State of duty station. (A) Is regularly employed or was regularly employed within the last year in a military position requiring operation of a CMV; (B) Has a valid driver's license from his or her State of domicile; (C) Has a valid active-duty military identification card; and (D) Has a current copy of either the service member's military leave and earnings statement, or his or her orders. (ii) A State where active-duty military service members are stationed, but not domiciled, may: (A) Administer the knowledge and driving skills tests to the military service member, as appropriate, in accordance with subparts F, G, and H of this part, if the State of domicile requires those tests; or (B) Waive the knowledge and driving skills tests in accordance with § 383.77, if the State of domicile has exercised the option to waive those tests; and (C) Destroy the military service member's civilian driver's license on behalf of the State of domicile, unless the latter requires the driver's license to be surrendered to its own driver licensing agency. (iii) The State of duty station must transmit to the State of domicile by a direct, secure, and efficient electronic system the completed application, any supporting documents, and—if the State of domicile has not exercised its waiver option—the results of any knowledge and driving skills administered. (2) Role of State of domicile. (i) Accept the completed application, any supporting documents, and the results of the knowledge and driving skills tests administered by the State of duty station (unless waived at the discretion of the State of domicile); and (ii) Issue the applicant a CLP or CDL. [83 FR 48976, Sept. 28, 2018] Subpart F—Vehicle Groups and Endorsements Source: 53 FR 27651, July 21, 1988, unless otherwise noted. § 383.91 Commercial motor vehicle groups. (a) Vehicle group descriptions. Each driver applicant must possess and be tested on his/her knowledge and skills, described in subpart G of this part, for the commercial motor vehicle group(s) for which he/she desires a CDL. The commercial motor vehicle groups are as follows: (1) Combination vehicle (Group A)—Any combination of vehicles with a gross combination weight rating (GCWR) of 11,794 kilograms or more (26,001 pounds or more) provided the GVWR of the vehicle(s) being towed is in excess of 4,536 kilograms (10,000 pounds). (2) Heavy Straight Vehicle (Group B)—Any single vehicle with a GVWR of 11,794 kilograms or more (26,001 pounds or more), or any such vehicle towing a vehicle not in excess of 4,536 kilograms (10,000 pounds) GVWR. (3) Small Vehicle (Group C)—Any single vehicle, or combination of vehicles, that meets neither the definition of Group A nor that of Group B as contained in this section, but that either is designed to transport 16 or more passengers including the driver, or is used in the transportation of hazardous materials as defined in § 383.5. (b) Representative vehicle. (c) Relation between vehicle groups. (1) A driver who has passed the knowledge and skills tests for a combination vehicle (Group A) may operate a heavy straight vehicle (Group B) or a small vehicle (Group C), provided that he/she possesses the requisite endorsement(s); and (2) A driver who has passed the knowledge and skills tests for a heavy straight vehicle (Group B) may operate any small vehicle (Group C), provided that he/she possesses the requisite endorsement(s). (d) Vehicle group illustration. [53 FR 27651, July 21, 1988, as amended at 54 FR 47989, Nov. 20, 1989; 61 FR 9566, Mar. 8, 1996; 77 FR 59825, Oct. 1, 2012; 80 FR 59072, Oct. 1, 2015; 86 FR 35640, July 7, 2021] § 383.93 Endorsements. (a) General. (2) The only endorsements allowed on a CLP are the following: (i) Passenger (P); (ii) School bus (S); and (iii) Tank vehicle (N). (3) The State must use the codes listed in § 383.153 when placing endorsements on a CLP or CDL. (b) Endorsement descriptions. (1) Double/triple trailers; (2) Passenger vehicles; (3) Tank vehicles; (4) Used to transport hazardous materials as defined in § 383.5; or (5) School buses. (c) Endorsement testing requirements. (1) Double/Triple Trailers (2) Passenger (3) Tank vehicle (4) Hazardous Materials (5) School bus [53 FR 27651, July 21, 1988, as amended at 67 FR 49760, July 31, 2002; 68 FR 23850, May 5, 2003; 76 FR 26887, May 9, 2011; 84 FR 52034, Oct. 1, 2019] § 383.95 Restrictions. (a) Air brake. (2) For the purposes of the skills test and the restriction, air brakes include any braking system operating fully or partially on the air brake principle. (b) Full air brake. (2) For the purposes of the skills test and the restriction, air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. (c) Manual transmission. (2) For the purposes of the skills test and the restriction, an automatic transmission includes any transmission other than a manual transmission as defined in § 383.5. (d) Tractor-trailer. (e) Group A passenger vehicle. (f) Group A and B passenger vehicle. (g) Medical variance restrictions. Note: In accordance with the agreement between Canada and the United States (see footnote to § 391.41 of this chapter), drivers with a medical variance restriction code on their CDL are restricted from operating a CMV in the other country. [76 FR 26887, May 9, 2011] Subpart G—Required Knowledge and Skills Source: 53 FR 27654, July 21, 1988, unless otherwise noted. § 383.110 General requirement. All drivers of CMVs must have the knowledge and skills necessary to operate a CMV safely as contained in this subpart. The specific types of items that a State must include in the knowledge and skills tests that it administers to CDL applicants are included in this subpart. [76 FR 26888, May 9, 2011] § 383.111 Required knowledge. (a) All CMV operators must have knowledge of the following 20 general areas: (1) Safe operations regulations. (i) Motor vehicle inspection, repair, and maintenance requirements; (ii) Procedures for safe vehicle operations; (iii) The effects of fatigue, poor vision, hearing impairment, and general health upon safe commercial motor vehicle operation; (iv) The types of motor vehicles and cargoes subject to the requirements contained in part 397 of this subchapter; and (v) The effects of alcohol and drug use upon safe commercial motor vehicle operations. (2) Safe vehicle control systems. (3) CMV safety control systems. (ii) CMV drivers must have knowledge of the correct procedures needed to use these safety systems in an emergency situation, e.g., skids and loss of brakes. (4) Basic control. (i) Starting, warming up, and shutting down the engine; (ii) Putting the vehicle in motion and stopping; (iii) Backing in a straight line; and (iv) Turning the vehicle, e.g., basic rules, off tracking, right/left turns and right curves. (5) Shifting. (i) Key elements of shifting, e.g., controls, when to shift, and double clutching; (ii) Shift patterns and procedures; and (iii) Consequences of improper shifting. (6) Backing. (i) Backing principles and rules; and (ii) Basic backing maneuvers, e.g., straight-line backing, and backing on a curved path. (7) Visual search. (i) Seeing ahead and to the sides; (ii) Use of mirrors; and (iii) Seeing to the rear. (8) Communication. (i) Signaling intent, e.g., signaling when changing direction in traffic; (ii) Communicating presence, e.g., using horn or lights to signal presence; and (iii) Misuse of communications. (9) Speed management. (i) Speed and stopping distance; (ii) Speed and surface conditions; (iii) Speed and the shape of the road; (iv) Speed and visibility; and (v) Speed and traffic flow. (10) Space management. (i) The importance of space management; (ii) Space cushions, e.g., controlling space ahead/to the rear; (iii) Space to the sides; and (iv) Space for traffic gaps. (11) Night operation. (i) Night driving factors, e.g., driver factors (vision, glare, fatigue, inexperience); (ii) Roadway factors (low illumination, variation in illumination, unfamiliarity with roads, other road users, especially drivers exhibiting erratic or improper driving); and (iii) Vehicle factors (headlights, auxiliary lights, turn signals, windshields and mirrors). (12) Extreme driving conditions. (i) Bad weather, e.g., snow, ice, sleet, high wind; (ii) Hot weather; and (iii) Mountain driving. (13) Hazard perceptions. (i) Road characteristics; and (ii) Road user activities. (14) Emergency maneuvers. (i) Evasive steering; (ii) Emergency stop; (iii) Off road recovery; (iv) Brake failure; and (v) Blowouts. (15) Skid control and recovery. (16) Relationship of cargo to vehicle control. (i) Consequences of improperly secured cargo, drivers' responsibilities, and Federal/State and local regulations; (ii) Principles of weight distribution; and (iii) Principles and methods of cargo securement. (17) Vehicle inspections. (i) The importance of periodic inspection and repair to vehicle safety. (ii) The effect of undiscovered malfunctions upon safety. (iii) What safety-related parts to look for when inspecting vehicles, e.g., fluid leaks, interference with visibility, bad tires, wheel and rim defects, braking system defects, steering system defects, suspension system defects, exhaust system defects, coupling system defects, and cargo problems. (iv) Pre-trip/enroute/post-trip inspection procedures. (v) Reporting findings. (18) Hazardous materials. (i) What constitutes hazardous material requiring an endorsement to transport; (ii) Classes of hazardous materials; (iii) Labeling/placarding requirements; and (iv) Need for specialized training as a prerequisite to receiving the endorsement and transporting hazardous cargoes. (19) Mountain driving. (i) Selecting a safe speed; (ii) Selecting the right gear; and (iii) Proper braking techniques. (20) Fatigue and awareness. (i) Being prepared to drive; (ii) What to do when driving to avoid fatigue; (iii) What to do when sleepy while driving; and (iv) What to do when becoming ill while driving. (b) Air brakes. (1) General air brake system nomenclature; (2) The dangers of contaminated air supply (dirt, moisture, and oil); (3) Implications of severed or disconnected air lines between the power unit and the trailer(s); (4) Implications of low air pressure readings; (5) Procedures to conduct safe and accurate pre-trip inspections, including knowledge about: (i) Automatic fail-safe devices; (ii) System monitoring devices; and (iii) Low pressure warning alarms. (6) Procedures for conducting en route and post-trip inspections of air-actuated brake systems, including: (i) Ability to detect defects that may cause the system to fail; (ii) Tests that indicate the amount of air loss from the braking system within a specified period, with and without the engine running; and (iii) Tests that indicate the pressure levels at which the low air pressure warning devices and the tractor protection valve should activate. (7) General operating practices and procedures, including: (i) Proper braking techniques; (ii) Antilock brakes; (iii) Emergency stops; and (iv) Parking brake. (c) Combination vehicles. (1) Coupling and uncoupling—The procedures for proper coupling and uncoupling a tractor to a semi-trailer; (2) Vehicle inspection—The objectives and proper procedures that are unique for performing vehicle safety inspections on combination vehicles; and (3) General operating practices and procedures, including: (i) Safely operating combination vehicles; and (ii) Air brakes. [76 FR 26888, May 9, 2011] § 383.113 Required skills. (a) Pre-trip vehicle inspection skills. (1) All test vehicles. (i) Engine compartment; (ii) Cab/engine start; (iii) Steering; (iv) Suspension; (v) Brakes; (vi) Wheels; (vii) Side of vehicle; (viii) Rear of vehicle; and (ix) Special features of tractor trailer, school bus, or coach/transit bus, if this type of vehicle is being used for the test. (2) Air brake equipped test vehicles. (i) Locate and verbally identify air brake operating controls and monitoring devices; (ii) Determine the motor vehicle's brake system condition for proper adjustments and that air system connections between motor vehicles have been properly made and secured; (iii) Inspect the low pressure warning device(s) to ensure that they will activate in emergency situations; (iv) With the engine running, make sure that the system maintains an adequate supply of compressed air; (v) Determine that required minimum air pressure build up time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level; and (vi) Operationally check the brake system for proper performance. (b) Basic vehicle control skills. (1) Ability to start, warm up, and shut down the engine; (2) Ability to put the motor vehicle in motion and accelerate smoothly, forward and backward; (3) Ability to bring the motor vehicle to a smooth stop; (4) Ability to back the motor vehicle in a straight line, and check path and clearance while backing; (5) Ability to position the motor vehicle to negotiate safely and then make left and right turns; (6) Ability to shift as required and select appropriate gear for speed and highway conditions; and (7) Ability to back along a curved path. (c) Safe on-road driving skills. (1) Ability to use proper visual search methods; (2) Ability to signal appropriately when changing direction in traffic; (3) Ability to adjust speed to the configuration and condition of the roadway, weather and visibility conditions, traffic conditions, and motor vehicle, cargo and driver conditions; (4) Ability to choose a safe gap for changing lanes, passing other vehicles, as well as for crossing or entering traffic; (5) Ability to position the motor vehicle correctly before and during a turn to prevent other vehicles from passing on the wrong side, as well as to prevent problems caused by off-tracking; (6) Ability to maintain a safe following distance depending on the condition of the road, visibility, and vehicle weight; (7) Ability to adjust operation of the motor vehicle to prevailing weather conditions including speed selection, braking, direction changes, and following distance to maintain control; and (8) Ability to observe the road and the behavior of other motor vehicles, particularly before changing speed and direction. (d) Test area. (e) Simulation technology. [76 FR 26889, May 9, 2011] § 383.115 Requirements for double/triple trailers endorsement. In order to obtain a double/triple trailers endorsement each applicant must have knowledge covering: (a) Procedures for assembly and hookup of the units; (b) Proper placement of heaviest trailer; (c) Handling and stability characteristics including off-tracking, response to steering, sensory feedback, braking, oscillatory sway, rollover in steady turns, and yaw stability in steady turns; (d) Potential problems in traffic operations, including problems the motor vehicle creates for other motorists due to slower speeds on steep grades, longer passing times, possibility for blocking entry of other motor vehicles on freeways, splash and spray impacts, aerodynamic buffeting, view blockages, and lateral placement; and (e) Operating practices and procedures not otherwise specified. [76 FR 26890, May 9, 2011] § 383.117 Requirements for passenger endorsement. An applicant for the passenger endorsement must satisfy both of the following additional knowledge and skills test requirements. (a) Knowledge test. (1) Proper procedures for loading/unloading passengers; (2) Proper use of emergency exits, including push-out windows; (3) Proper responses to such emergency situations as fires and unruly passengers; (4) Proper procedures at railroad-highway grade crossings and drawbridges; (5) Proper braking procedures; and (6) Operating practices and procedures not otherwise specified. (b) Skills test. [76 FR 26890, May 9, 2011] § 383.119 Requirements for tank vehicle endorsement. In order to obtain a tank vehicle endorsement, each applicant must have knowledge covering the following: (a) Causes, prevention, and effects of cargo surge on motor vehicle handling; (b) Proper braking procedures for the motor vehicle when it is empty, full, and partially full; (c) Differences in handling of baffled/compartmented tank interiors versus non-baffled motor vehicles; (d) Differences in tank vehicle type and construction; (e) Differences in cargo surge for liquids of varying product densities; (f) Effects of road grade and curvature on motor vehicle handling with filled, half-filled, and empty tanks; (g) Proper use of emergency systems; (h) For drivers of DOT specification tank vehicles, retest and marking requirements; and (i) Operating practices and procedures not otherwise specified. [76 FR 26890, May 9, 2011] § 383.121 Requirements for hazardous materials endorsement. In order to obtain a hazardous materials endorsement, each applicant must have such knowledge as is required of a driver of a hazardous materials laden vehicle, from information contained in 49 CFR parts 171, 172, 173, 177, 178, and 397, on the following: (a) Hazardous materials regulations including: (1) Hazardous materials table; (2) Shipping paper requirements; (3) Marking; (4) Labeling; (5) Placarding requirements; (6) Hazardous materials packaging; (7) Hazardous materials definitions and preparation; (8) Other regulated material (e.g., ORM-D); (9) Reporting hazardous materials accidents; and (10) Tunnels and railroad crossings. (b) Hazardous materials handling including: (1) Forbidden materials and packages; (2) Loading and unloading materials; (3) Cargo segregation; (4) Passenger carrying buses and hazardous materials; (5) Attendance of motor vehicles; (6) Parking; (7) Routes; (8) Cargo tanks; and (9) “Safe havens.” (c) Operation of emergency equipment including: (1) Use of equipment to protect the public; (2) Special precautions for equipment to be used in fires; (3) Special precautions for use of emergency equipment when loading or unloading a hazardous materials laden motor vehicle; and (4) Use of emergency equipment for tank vehicles. (d) Emergency response procedures including: (1) Special care and precautions for different types of accidents; (2) Special precautions for driving near a fire and carrying hazardous materials, and smoking and carrying hazardous materials; (3) Emergency procedures; and (4) Existence of special requirements for transporting Class 1.1 and 1.2 explosives. (e) Operating practices and procedures not otherwise specified. [76 FR 26890, May 9, 2011] § 383.123 Requirements for a school bus endorsement. (a) An applicant for the school bus endorsement must satisfy the following three requirements: (1) Qualify for passenger vehicle endorsement. (2) Knowledge test. (i) Loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights, and other warning and passenger safety devices required for school buses by State or Federal law or regulation. (ii) Emergency exits and procedures for safely evacuating passengers in an emergency. (iii) State and Federal laws and regulations related to safely traversing railroad-highway grade crossings; and (iv) Operating practices and procedures not otherwise specified. (3) Skills test. (b) Exception. [76 FR 26891, May 9, 2011] Subpart H—Tests Source: 53 FR 27657, July 21, 1988, unless otherwise noted. § 383.131 Test manuals. (a) Driver information manual. (i) Information on how to obtain a CDL and endorsements; (ii) Information on the requirements described in § 383.71, the implied consent to alcohol testing described in § 383.72, the procedures and penalties contained in § 383.51(b) to which a CLP or CDL holder is exposed for refusal to comply with such alcohol testing, State procedures described in § 383.73, and other appropriate driver information contained in subpart E of this part; (iii) Information on vehicle groups and endorsements as specified in subpart F of this part; (iv) The substance of the knowledge and skills that drivers must have, as outlined in subpart G of this part for the different vehicle groups and endorsements; and (v) Details of testing procedures, including the purpose of the tests, how to respond, and directions for taking the tests. (2) A State may include any additional State-specific information related to the CDL testing and licensing process. (b) Examiner information manual. (i) Information on driver application procedures contained in § 383.71, State procedures described in § 383.73, and other appropriate driver information contained in subpart E of this part; (ii) Details on information that must be given to the applicant; (iii) Details on how to conduct the knowledge and skills tests; (iv) Scoring procedures and minimum passing scores for the knowledge and skills tests; (v) Information for selecting driving test routes for the skills tests; (vi) List of the skills to be tested; (vii) Instructions on where and how the skills will be tested; (viii) How performance of the skills will be scored; (ix) Causes for automatic failure of skills tests; (x) Standardized scoring sheets for the skills tests; and (xi) Standardized driving instructions for the applicants. (2) A State may include any additional State-specific information related to the CDL testing process. [76 FR 26891, May 9, 2011, as amended at 81 FR 68347, Oct. 4, 2016] § 383.133 Test methods. (a) All tests must be constructed in such a way as to determine if the applicant possesses the required knowledge and skills contained in subpart G of this part for the type of motor vehicle or endorsement the applicant wishes to obtain. (b) Knowledge tests: (1) States must use the FMCSA pre-approved pool of test questions to develop knowledge tests for each vehicle group and endorsement. The pool of questions must be comparable to those in AAMVA's “2005 CDL Test System (July 2010 or newer Version) 2005 Test Item Summary Forms,” which FMCSA has approved and provides to all State Driver Licensing Agencies. (2) The State method of generating knowledge tests must conform to the requirements in paragraphs (b)(2)(i) through (iv) of this section and be pre-approved by FMCSA. The State method of generating knowledge tests must be comparable to the requirements outlined in AAMVA's “2005 CDL Test System (July 2010 or newer Version) 2005 Requirements Document For Use In Developing Computer-Generated Multiple-Choice CDL Knowledge Tests”, which FMCSA has approved and provides to all State Driver Licensing Agencies to develop knowledge tests for each vehicle group and endorsement. These requirements include: (i) The total difficulty level of the questions used in each version of a test must fall within a set range; (ii) Twenty-five percent of the questions on a test must be new questions that were not contained in the previous version of the test; (iii) Identical questions from the previous version of the test must be in a different location on the test and the three possible responses to the questions must be in a different order; and (iv) Each test must contain a set number of questions with a prescribed number of questions from each of the knowledge areas. (3) Each knowledge test must be valid and reliable so as to ensure that driver applicants possess the knowledge required under § 383.111. The knowledge tests may be administered in written form, verbally, or in automated format and can be administered in a foreign language, provided no interpreter is used in administering the test. (4) A State must use a different version of the test when an applicant retakes a previously failed test. (c) Skills tests: (1) A State must develop, administer and score the skills tests based solely on the information and standards contained in the driver and examiner manuals referred to in § 383.131(a) and (b). (2) A State must use the standardized scores and instructions for administering the tests contained in the examiner manual referred to in § 383.131(b). (3) An applicant must complete the skills tests in a representative vehicle to ensure that the applicant possess the skills required under § 383.113. In determining whether the vehicle is a representative vehicle for the skills test and the group of CDL for which the applicant is applying, the vehicle's gross vehicle weight rating or gross combination weight rating must be used, not the vehicle's actual gross vehicle weight or gross combination weight. (4) Skills tests must be conducted in on-street conditions or under a combination of on-street and off-street conditions. (5) Interpreters are prohibited during the administration of skills tests. Applicants must be able to understand and respond to verbal commands and instructions in English by a skills test examiner. Neither the applicant nor the examiner may communicate in a language other than English during the skills test. (6) The skills test must be administered and successfully completed in the following order: Pre-trip inspection, basic vehicle control skills, on-road skills. If an applicant fails one segment of the skills test: (i) The applicant cannot continue to the next segment of the test; and (ii) Scores for the passed segments of the test are only valid during initial issuance of the CLP. If the CLP is renewed, all three segments of the skills test must be retaken. (d) Passing scores for the knowledge and skills tests must meet the standards contained in § 383.135. [76 FR 26891, May 9, 2011, as amended at 81 FR 68347, Oct. 4, 2016] § 383.135 Passing knowledge and skills tests. (a) Knowledge tests. (2) If a driver applicant who fails the air brake 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 knowledge test (scores less than 80 percent correct) must not be issued a Group A CLP or CDL. (b) Skills Tests. (2) A driver applicant who does not obey traffic laws, causes an accident during the test, or commits any other offense listed as a reason for automatic failure in the standards contained in the driver and examiner manuals referred to in §§ 383.131(a) and (b), must automatically fail the test. (3) If a driver applicant who performs the skills test in a vehicle not equipped with any type of air brake system is issued a CDL, an air brake restriction must be indicated on the license as required in § 383.95(a). (4) If a driver applicant who performs the skills test in a vehicle equipped with air over hydraulic brakes is issued a CDL, a full air brake restriction must be indicated on the license as required in § 383.95(b). (5) If a driver applicant who performs the skills test in a vehicle equipped with an automatic transmission is issued a CDL, a manual transmission restriction must be indicated on the license as required in § 383.95(c). (6) If a driver applicant who performs the skills test in a combination vehicle requiring a Group A CDL equipped with any non-fifth wheel connection is issued a CDL, a tractor-trailer restriction must be indicated on the license as required in § 383.95(d). (7) If a driver applicant wants to remove any of the restrictions in paragraphs (b)(3) through (5) of this section, the applicant does not have to retake the complete skills test. The State may administer a modified skills test that demonstrates that the applicant can safely and effectively operate the vehicle's full air brakes, air over hydraulic brakes, and/or manual transmission. In addition, to remove the air brake or full air brake restriction, the applicant must successfully perform the air brake pre-trip inspection and pass the air brake knowledge test. (8) If a driver applicant wants to remove the tractor-trailer restriction in paragraph (b)(6) of this section, the applicant must retake all three skills tests in a representative tractor-trailer. (c) State recordkeeping. [76 FR 26892, May 9, 2011] Subpart I—Requirement for Transportation Security Administration approval of hazardous materials endorsement issuances § 383.141 General. (a) Applicability. (b) Prohibition. (1) The Transportation Security Administration has determined that the individual does not pose a security risk warranting denial of the endorsement; or (2) The individual holds a valid TWIC. (c) Individual notification. (d) Hazardous materials endorsement renewal cycle. [68 FR 24850, May 5, 2003, as amended at 68 FR 63033, Nov. 7, 2003; 69 FR 51393, Aug. 19, 2004; 70 FR 22271, Apr. 29, 2005; 77 FR 59825, Oct. 1, 2012; 84 FR 52034, Oct. 1, 2019; 89 FR 90620, Nov. 18, 2024] Subpart J—Commercial Learner's Permit and Commercial Driver's License Documents Source: 53 FR 27657, July 21, 1988, unless otherwise noted. § 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 9, 2011] § 383.153 Information on the CLP and CDL documents and applications. (a) Commercial Driver's License. (1) The prominent statement that the license is a “Commercial Driver's License” or “CDL,” except as specified in paragraph (c) of this section. (2) The full name, signature, and mailing or residential address in the licensing State of the person to whom such license is issued. (3) Physical and other information to identify and describe such person including date of birth (month, day, and year), sex, and height. (4) Color photograph, digitized color image, or black and white laser engraved photograph of the driver. The State may issue a temporary CDL without a photo or image, if it is valid for no more than 60 days. (5) The driver's State license number. (6) The name of the State which issued the license. (7) The date of issuance and the date of expiration of the license. (8) The group or groups of commercial motor vehicle(s) that the driver is authorized to operate, indicated as follows: (i) A for Combination Vehicle; (ii) B for Heavy Straight Vehicle; and (iii) C for Small Vehicle. (9) The endorsement(s) for which the driver has qualified, if any, indicated as follows: (i) T for double/triple trailers; (ii) P for passenger; (iii) N for tank vehicle; (iv) H for hazardous materials; (v) X for a combination of tank vehicle and hazardous materials endorsements; (vi) S for school bus; and (vii) At the discretion of the State, additional codes for additional groupings of endorsements, as long as each such discretionary code is fully explained on the front or back of the CDL document. (10) The restriction(s) placed on the driver from operating certain equipment or vehicles, if any, indicated as follows: (i) L for No Air brake equipped CMV; (ii) Z for No Full air brake equipped CMV; (iii) E for No Manual transmission equipped CMV; (iv) O for No Tractor-trailer CMV; (v) M for No Class A passenger vehicle; (vi) N for No Class A and B passenger vehicle; (vii) K for Intrastate only; (viii) V for medical variance; and (ix) At the discretion of the State, additional codes for additional restrictions, as long as each such restriction code is fully explained on the front or back of the CDL document. (b) Commercial Learner's Permit. (2) All CLPs must contain all of the following information: (i) The prominent statement that the permit is a “Commercial Learner's Permit” or “CLP,” except as specified in paragraph (c) of this section, and that it is invalid unless accompanied by the underlying driver's license issued by the same jurisdiction. (ii) The full name, signature, and mailing or residential address in the permitting State of the person to whom the permit is issued. (iii) Physical and other information to identify and describe such person including date of birth (month, day, and year), sex, and height. (iv) The driver's State license number. (v) The name of the State which issued the permit. (vi) The date of issuance and the date of expiration of the permit. (vii) The group or groups of commercial motor vehicle(s) that the driver is authorized to operate, indicated as follows: (A) A for Combination Vehicle; (B) B for Heavy Straight Vehicle; and (C) C for Small Vehicle. (viii) The endorsement(s) for which the driver has qualified, if any, indicated as follows: (A) P for passenger endorsement. (B) S for school bus endorsement. (C) N for tank vehicle endorsement. (ix) The restriction(s) placed on the driver, if any, indicated as follows: (A) P for No passengers in CMV bus; (B) X for No cargo in CMV tank vehicle; (C) L for No Air brake equipped CMV; (D) V for medical variance; (E) M for No Class A passenger vehicle; (F) N for No Class A and B passenger vehicle; (G) K for Intrastate only. (H) Any additional jurisdictional restrictions that apply to the CLP driving privilege. (c) If the CLP or CDL is a Non-domiciled CLP or CDL, it must contain the prominent statement that the license or permit is a “Non-domiciled Commercial Driver's License,” “Non-domiciled CDL,” “Non-domiciled Commercial Learner's Permit,” or “Non-domiciled CLP,” as appropriate. The word “Non-domiciled” must be conspicuously and unmistakably displayed, but may be noncontiguous with the words “Commercial Driver's License,” “CDL,” “Commercial Learner's Permit,” or “CLP.” (d) If the State has issued the applicant an air brake restriction as specified in § 383.95, that restriction must be indicated on the CLP or CDL. (e) Except in the case of a Non-domiciled CLP or CDL holder who is domiciled in a foreign jurisdiction: (1) A driver applicant must provide his/her Social Security Number on the application of a CLP or CDL. (2) The State must provide the Social Security Number to the CDLIS. (3) The State must not display the Social Security Number on the CLP or CDL. (f) The State may issue a multipart CDL provided that: (1) Each document is explicitly tied to the other document(s) and to a single driver's record. (2) The multipart license document includes all of the data elements specified in this section. (g) Current CDL holders are not required to be retested to determine whether they need any of the new restrictions for no full air brakes, no manual transmission and no tractor-trailer. These new restrictions only apply to CDL applicants who take skills tests on or after July 8, 2015 (including those applicants who previously held a CDL before the new restrictions went into effect). (h) On or after July 8, 2015 current CLP and CDL holders who do not have the standardized endorsement and restriction codes and applicants for a CLP or CDL are to be issued CLPs with the standardized codes upon initial issuance, renewal or upgrade and CDLs with the standardized codes upon initial issuance, renewal, upgrade or transfer. [76 FR 26892, May 9, 2011; 76 FR 39018, July 5, 2011, as amended at 78 FR 17881, Mar. 25, 2013; 78 FR 58480, Sept. 24, 2013] § 383.155 Tamperproofing requirements. States must make the CLP and CDL tamperproof to the maximum extent practicable. At a minimum, a State must use the same tamperproof method used for noncommercial drivers' licenses. [76 FR 26893, May 9, 2011]

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