Proposed Rule: Commercial Driver's License Testing and Commercial Learner's Permit Standards

Wednesday,
April 9, 2008
Part II
Department of
Transportation
Federal Motor Carrier Safety
Administration
49 CFR Parts 383, 384, and 385

Commercial Driver’s License Testing and
Commercial Learner’s Permit Standards;
Proposed Rule
pwalker on PROD1PC71 with PROPOSALS2
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19282 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules
DEPARTMENT OF TRANSPORTATION Operations (M–30), West Building 13. New Standardized Endorsements and
Ground Floor, Room W12–140, 1200 Restriction Codes
Federal Motor Carrier Safety New Jersey Avenue, SE., Washington, 14. Previous Driving Offenses by CLP
Administration Holders and CLP Applicants
DC 20590. Office hours are between 9
a. Holders of a CLP
a.m. and 5 p.m., ET, Monday through b. Applicants for a CLP
49 CFR Parts 383, 384, and 385 Friday, except Federal holidays. 15. Motor Carrier Prohibitions
[Docket No. FMCSA–2007–27659] • Telefax: (202) 493–2251. 16. Incorporate CLP-Related Regulatory
• Docket: To read all comments and Guidance Into Regulatory Text
RIN 2126–AB02 background material in the docket, go to 17. Incorporate SAFE Port Act Provisions
http://www.regulations.gov and type IV. Section-by-Section Discussion of the
Commercial Driver’s License Testing ‘‘FMCSA–2007–27659’’. Proposals
and Commercial Learner’s Permit Privacy Act: Regardless of the method A. Proposed Changes to Part 383
Standards 1. Section 383.5, Definitions
used for submitting comments, all 2. Section 383.9, Matter Incorporated by
AGENCY: Federal Motor Carrier Safety comments will be posted without Reference
Administration (FMCSA), DOT. change to the Federal Docket 3. Section 383.23, Commercial Driver’s
ACTION: Notice of proposed rulemaking Management System (FDMS) at http:// License
(NPRM). www.regulations.gov. Anyone can 4. Section 383.25, Commercial Learner’s
search the electronic form of all our Permit
SUMMARY: The Federal Motor Carrier dockets in FDMS, by the name of the 5. Section 383.37, Employer’s
Safety Administration (FMCSA) individual submitting the comment (or Responsibilities
6. Section 383.51, Disqualification of
proposes to revise the commercial signing the comment, if submitted on Drivers
driver’s license (CDL) knowledge and behalf of an association, business, labor 7. Section 383.71, Driver Application
skills testing standards, and to require union, etc.). The DOT’s complete Procedures
new Federal minimum standards for Privacy Act Statement was published in 8. Section 383.72, Implied Consent to
States to issue commercial learner’s the Federal Register on April 11, 2000 Alcohol Testing
permits (CLPs). FMCSA also proposes (65 FR 19476), and can be viewed at the 9. Section 383.73, State Procedures
that a CLP holder meet virtually the URL http://docketsinfo.dot.gov. 10. Section 383.75, Third Party Testing
same requirements as those for a CDL 11. Section 383.77, Substitute for Driving
FOR FURTHER INFORMATION CONTACT:
holder. This means that a driver holding Skills Test
Robert Redmond, Office of Safety 12. Section 383.79, Skills Testing of Out-
a CLP would be subject to the same Programs, Commercial Driver’s License of-State Students
driver disqualification offenses as apply Division, telephone (202) 366–5014 or 13. Section 383.93, Endorsements
to a CDL holder. This NPRM responds e-mail robert.redmond@dot.gov. Office 14. Section 383.95, Air Brake Restrictions
to section 4019 of the Transportation hours are from 8 a.m. to 4:30 p.m. 15. Section 383.110, General Requirement
Equity Act for the 21st Century (TEA– SUPPLEMENTARY INFORMATION: This
16. Section 383.111, Required Knowledge
21), section 4122 of the Safe, NPRM is organized as follows:
17. Section 383.113, Required Skills
Accountable, Flexible, Efficient 18. Sections 383.115, Requirements for
Transportation Equity Act: A Legacy for I. Legal Basis for the Rulemaking Double/Triple Trailers Endorsement,
Users (SAFETEA–LU), and section 703 II. Background 383.117, Requirements for Passenger
A. Summary of This NPRM Endorsement, 383.119, Requirements for
of the Security and Accountability For B. History Tank Vehicle Endorsement, 383.121,
Every Port Act of 2006 (SAFE Port Act). III. General Discussion of the Issues and Requirements for Hazardous Materials
The purpose of this proposal is to Proposals Endorsement, and 383.123,
enhance safety by ensuring that only 1. Strengthen Legal Presence Requirement Requirements for a School Bus
qualified drivers are allowed to operate 2. Social Security Number Verification Endorsement
commercial motor vehicles on our Before Issuing CLP or CDL 19. Appendix to Subpart G
nation’s highways. 3. Surrender of CLP, CDL, and Non-CDL 20. Section 383.131, Test Manuals
Documents 21. Section 383.133, Test Methods
DATES: Please submit comments
4. CDL Testing Requirements for Out-of- 22. Section 383.135, Passing knowledge
regarding this NPRM by June 9, 2008. State Driver Training School Students and Skills Tests
ADDRESSES: Please submit comments by 5. State Reciprocity for CLPs 23. Subpart J, Commercial Driver’s License
only one of the following methods— 6. Minimum Uniform Standards for Issuing Document
Internet, facsimile, regular mail, or a CLP 24. Section 383.155, Tamperproofing
hand-deliver. Please do not submit the a. Passing the General Knowledge Test To Requirements
same comments multiple times or by Obtain a CLP B. Proposed Changes to Part 384
more than one method. The Federal b. Requiring the CLP To Be a Separate 1. Sections 384.105, Definitions; 384.204,
Document From the CDL or Non-CDL CDL Issuance and Information; 384.205,
eRulemaking portal is the preferred c. CLP Document Should Be Tamperproof CDLIS Information; 384.207, Notification
method for submitting comments, and d. Recording the CLP in CDLIS of Licensing; 384.208, Notification of
we urge you to use it. 7. Maximum Initial Validity and Renewal Disqualification; 384.209, Notification of
• Federal eRulemaking Portal: Search Periods for CLP and CDL Traffic Violations; 384.210, Limitations
the Federal Docket Management System a. Initial Validity and Renewal Periods for on Licensing; 384.212, Domicile
(FDMS) Web site at http:// CLP Requirement; Section 384.214,
www.regulations.gov. In the Comment b. Initial Validity and Renewal Periods for Reciprocity; 384.220, Problem Driver
or Submission section, type Docket ID a CDL Pointer System Information; 384.225,
Number ‘‘FMCSA–2007–27659’’, select 8. Establish a Minimum Age for CLP Record of Violation; 384.226, Prohibition
9. Preconditions To Taking the CDL Skills on Masking Convictions; 384.231,

‘‘Go’’, and then click on ‘‘Send a
Test Satisfaction of State Disqualification
Comment or Submission.’’ You will 10. Limit Endorsements on CLP to Requirement; and 384.405,
receive a tracking number when you Passenger (P) Only Decertification of State CDL Program
submit a comment. 11. Methods of Administering CDL Tests 2. Section 384.206, State Record Checks
• Mail, Courier, or Hand-Deliver: U.S. 12. Update Federal Knowledge and Skills 3. Section 384.211, Surrender of Old
Department of Transportation, Docket Test Standards Licenses
Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules 19283
4. Section 384.217, Drug Offenses commercial motor vehicles do not cooperation with the Department of
5. Section 384.227, Record of Digital Image impair their ability to operate the Homeland Security, to issue a regulation
or Photograph vehicles safely; (3) the physical to implement the recommendations in a
6. Section 384.228, Examiner Training and
condition of operators of commercial report issued by the OIG on February 7,
Record Checks
7. Section 384.229, Skills Test Examiner motor vehicles is adequate to enable 2006 [‘‘Oversight of the Commercial
Auditing and Monitoring them to operate the vehicles safely; and Driver’s License Program’’] dealing with
8. Section 384.301, Substantial (4) the operation of commercial motor steps needed to improve anti-fraud
Compliance—General Requirements vehicles does not have a deleterious measures in the CDL program. In a 2002
C. Proposed Changes to Part 385 effect on the physical condition of the CDL audit report, the OIG recommended
V. Regulatory Analyses and Notices operators’’ (49 U.S.C. 31136(a)). that FMCSA require testing protocols
I. Legal Basis for the Rulemaking This NPRM, like the CDL regulations,
and performance oriented requirements
is based in part on the requirements of
This rulemaking is based on the broad for English language proficiency. This
49 U.S.C. 31136(a)(1) and (2) that CMVs
authority of the Commercial Motor be ‘‘operated safely’’ and that ‘‘the regulatory proposal incorporates all of
Vehicle Safety Act of 1986 (CMVSA) responsibilities imposed on [CMV the OIG’s recommendations which are
(Pub. L. 99–570, Title XII, 100 Stat. drivers] do not impair their ability to discussed in more detail later in the
3207–170, 49 U.S.C. chapter 313); the operate the vehicles safely.’’ The preamble. Many of the operational
Motor Carrier Safety Act of 1984 changes to part 383 proposed in this procedures suggested by the OIG for
(MCSA) (Pub. L. 98–554, Title II, 98 rule would help to ensure that drivers carrying out the recommendations have
Stat. 2832, 49 U.S.C. 31136); and the who operate CMVs are legally licensed also been adopted.
Motor Carrier Act of 1935 (MCA) to do so and that they do not operate In addition to the specific legal
(Chapter 498, 49 Stat. 543, 49 U.S.C. CMVs without having passed the authorities discussed above, FMCSA is
31502). It is also based on section 4122 requisite tests. required, before prescribing regulations,
of the Safe, Accountable, Flexible, The MCA authorized the Secretary of to consider the ‘‘costs and benefits’’ of
Efficient Transportation Equity Act: A Transportation to prescribe any proposal (49 U.S.C. 31136(c)(2)(A),
Legacy for Users (SAFETEA–LU) (Pub. requirements for the ‘‘qualifications
L. 109–59, 119 Stat. 1144, at 1734, 49 31502(d)). The Regulatory Flexibility
* * * of employees’’ of for-hire and Analysis prepared for this proposed rule
U.S.C. 31302, 31308, and 31309); and private motor carriers (49 U.S.C.
section 703 of the Security and discusses those issues later in the
31502(b)). This NPRM, like the CDL preamble and more comprehensively in
Accountability For Every Port Act of regulations, is based in part on that
2006 (SAFE Port Act) (Pub. L. 109–347, a separate document filed in the docket.
authority and is intended to enhance the
120 Stat. 1884, at 1944). qualifications of CMV drivers by II. Background
The CMVSA required the Secretary of ensuring that they obtain a CLP before
Transportation, after consultation with applying for a CDL. A. Summary of This NPRM
the States, to prescribe regulations on Section 4122 of SAFETEA–LU
minimum uniform standards for the The Notice of Proposed Rulemaking
required the Department of
issuance of commercial driver’s licenses (NPRM) proposes the following
Transportation (DOT) to prescribe
(CDLs) by the States and for information revisions to the CDL knowledge and
regulations on minimum uniform
to be contained on each such license (49 skills testing standards in response to
standards for the issuance of CLPs, as it
U.S.C. 31305, 31308). The CMVSA also has already done for CDLs (49 U.S.C. the statutory mandates and OIG
authorized the Secretary to adopt 31308(2)). More specifically, section recommendations:
regulations for a learner’s permit (49 4122 provided that an applicant for a (1) Knowledge and Skills Testing
U.S.C. 31305(b)(2)). Paragraph (c) of 49 CLP must first pass a knowledge test Requirements
CFR 383.23 addresses the learner’s which complies with minimum
permit by ratifying the States’ standards prescribed by the Secretary Successful completion of the
regulations on this subject, provided and may have only one CLP at a time; knowledge test, currently a prerequisite
they comply with certain Federal that the CLP document must have the for the CDL, would be required before
requirements. This NPRM is proposing same information and security features issuance of the CLP. The NPRM would
a Federal requirement for a commercial as the CDL; and that the data on each incorporate by reference the latest
learner’s permit (CLP) as a pre-condition CLP holder must be added to the American Association of Motor Vehicle
for issuing a CDL and proposing various driver’s record in the Commercial Administrators’ (AAMVA) Model Test
other changes to enhance the CDL Driver’s License Information System package for knowledge and skill
program. A summary of the proposed (CDLIS).1 This NPRM includes each of standards. It would include a
changes organized by section number those requirements, as explained later in prohibition on use of foreign language
appears below in the Section-by-Section this preamble. interpreters in the administration of the
Discussion of the Proposals. Section 703(a) of the SAFE Port Act knowledge and skills tests, to reduce the
The MCSA conferred authority to required the Secretary of Transportation potential for fraud.
regulate drivers, motor carriers, and to issue regulations implementing the
commercial motor vehicles (CMVs). It recommendations in a memorandum (2) Issuance of and Standards for CLPs
required the Secretary of Transportation issued by the DOT’s Office of the and CDLs
to ‘‘prescribe regulations on commercial Inspector General (OIG) on June 4, 2004,
motor vehicle safety. The regulations concerning verification of the legal The NPRM would specifically require
shall prescribe minimum safety status of commercial drivers. Section that each applicant obtain a CLP and
standards for commercial motor 703(b) required the Secretary, in hold it for a minimum of 30 days before
vehicles. At a minimum, the regulations applying for a CDL. It would establish
shall ensure that: (1) Commercial motor 1 CDLIS is an information system to exchange a minimum age of 18 for issuance of a
vehicles are maintained, equipped, commercial driver licensing information among all CLP. The CLP would have to be a
the States. CDLIS includes the databases of fifty-one
loaded, and operated safely; (2) the licensing jurisdictions and the CDLIS Central Site,
separate document from the CDL or
responsibilities imposed on operators of all connected by a telecommunications network. non-commercial driver’s license (non-
CDL 2 ), would have to be tamperproof to requirements exceed those proposed in Also, it would incorporate into the
the extent possible, and would have to this rule and that a State in compliance regulations current FMCSA guidance
include the same information as the with the former would automatically (available on the Agency’s Web site,
CDL. The only endorsement allowed on comply with the latter. In this situation, under ‘‘Guidance for Regulations,’’ at
the CLP would be a restricted passenger one alternative would be to adopt the http://www.fmcsa.dot.gov/rules-
(P) endorsement. Each State would be REAL ID requirements, either verbatim regulations/administration/fmcsr/
required to create a CDLIS record for or by reference, into the FMCSRs. fmcsrguide.htm, related to issues
each CLP it issues. FMCSA recognizes that further addressed by this rulemaking. Finally,
Before issuing a CLP to a driver, the harmonization with the REAL ID rule there would be numerous minor
issuing State would be required to may be needed before adopting a final editorial corrections and updates.
perform a check of the driver’s previous rule. We welcome all suggestions
driving record using both CDLIS and the consistent with the requirements of the B. History
Problem Driver Pointer System (PDPS) CDL program which would help us The CDL program was established by
to ensure the driver is not subject to the achieve that goal. We are especially the Commercial Motor Vehicle Safety
sanctions of § 383.51, based on previous interested in comments from the States, Act of 1986. Parts 383 and 384 of Title
motor vehicle violations. Discovery of which have the primary responsibility 49, Code of Federal Regulations,
such sanctions would result in the for complying with the FMCSA and implement the CMVSA requirements.
State’s refusal to issue a CLP to the DHS requirements and the greatest The CMVSA prohibits any person who
driver. expertise in managing licensing does not hold a valid CDL or learner’s
The NPRM would strengthen the legal programs. Their views on the possibility permit issued by his or her State of
presence requirements and increase of adopting the language of the REAL ID domicile from operating a CMV that
documentation required for CLP and rule for various requirements in this requires a driver with a CDL. The
CDL applicants to demonstrate their regulation would be valuable. prohibition further affects driver
legal presence in the United States, as training activities by limiting trainees to
discussed under section III.1, below. For (3) Measures for Prevention of Fraud
their State of domicile to (1) receive
example, State driver’s license agencies The NPRM would include proposed training and behind-the-wheel
would be required to verify the requirements intended to improve the experience, and (2) take the knowledge
applicant’s Social Security Number with ability of States to detect and prevent and skills tests necessary to be issued a
the Social Security Administration fraudulent testing and licensing activity CDL. This outcome creates problems
(SSA). The NPRM would also address in the CDL program. These measures because commercial driver training
applicants who wish to attend a driver would include the following: facilities and the type of training needed
training school in a State other than the Æ Requiring verification of social are not equally available in all States.
applicant’s State of domicile. States security numbers. To address this and other issues, such
would be required to recognize CLPs Æ Requiring CLP and CDL applicants as a lack of uniformity in the duration
issued by other States for training to prove legal presence in the United of learner’s permits, associated driver
purposes. The NPRM would limit the States. history recordkeeping, and test
initial and renewal periods for both Æ Requiring that a digitized photo of
reciprocity among States, the Federal
CLPs and CDLs. It would clarify under the driver be preserved by the State
Highway Administration (FHWA)
what circumstances an applicant must driver licensing agency.
published an NPRM on August 22, 1990
surrender the CLP, CDL, or non-CDL. It Æ Requiring computer system
(55 FR 34478). (Note: In the discussion
would also require all States to use controls to allow overrides by
below, the responsible agency is
standardized endorsement and supervisory personnel only.
Æ Requiring background checks and referred to as the FMCSA, regardless of
restriction codes on CDLs. whether the action described occurred
Many of the program areas and issues formal training for all test driving
examiners. before or after the transfer of
dealt with in this NPRM are also responsibility from FHWA to FMCSA in
addressed in the Department of Æ Requiring the establishment of
oversight systems for all examiners and January 2000.)
Homeland Security’s (DHS) final rule
testers (including third-party). Since the 1990 NPRM, major changes
implementing the REAL ID Act
Æ Disallowing the use of language have occurred in the CDL program
(‘‘Minimum Standards for Driver’s
interpreters for the knowledge and skills through other rulemakings, regulatory
Licenses and Identification Cards
tests. guidance, legislation, and policy
Acceptable by Federal Agencies for
In addition proposed amendments to decisions. For example, the September
Official Purposes,’’ 73 FR 5272, January
part 384 would require these items to be 11, 2001, terrorist attacks prompted
29, 2008, codified in 6 CFR part 37).
reviewed whenever FMCSA conducts a Congress and FMCSA to expand the
Although FMCSA and DHS have
CDL compliance review of the State scope of the CDL program to include
coordinated efforts to write regulations
program. States found in substantial issues related to fraud and security. The
that neither overlap nor conflict, the
non-compliance with these fraud issuance of CDLs to unqualified persons
statutes underlying these two rules
control measures, as well as the other and persons with false identities
serve different purposes and apply to
requirements of part 384, would be significantly complicated detection and
distinct kinds of licenses and driver
subject to the loss of Federal-aid prevention of fraud. All of these major
populations. FMCSA welcomes
highway funds. changes made the 1990 proposal
suggestions for clarifying both the
obsolete. Thus, FMCSA withdrew the
commonalities between this rule and (4) Other Regulatory Changes 1990 NPRM on February 23, 2006 (71
the REAL ID rule and the differences

The proposed rule would specifically FR 42741). The current rulemaking
between them. For example, we
prohibit a motor carrier from using a effort revisits these issues and proposes
recognize that certain REAL ID
driver to operate a CMV who does not regulatory changes to implement section
2 A ‘‘non-CDL’’ is any other type of motor vehicle hold a current and appropriate CLP or 4019 of TEA–21, section 4122 of
license, such as an automobile driver’s license, a CDL or to operate a vehicle in violation SAFETEA–LU, and section 703 of the
chauffeur’s license, or a motorcycle license. of the restrictions on the CLP or CDL. SAFE Port Act.
III. General Discussion of the Issues be able to meet residency requirements birth with the Social Security
and Proposals using a driver’s license or showing of Administration (SSA).
residence that masks lack of domicile FMCSA considered two alternatives
FMCSA identified 17 issues to be
and/or citizenship or legal status. for SSN verification. First, take no
addressed in the NPRM. This section
Currently, levels of documentation for action.
includes a description of each issue, Second, the CLP and CDL issuance
alternatives considered to address the residency are not uniform or stringent
enough to meet the OIG’s standards of procedures should require States to
issue, and FMCSA’s proposed solution. verify certain identifying information
This section also identifies the sections legal presence.
The list of acceptable documents to (e.g., name, date of birth, and SSN)
in 49 CFR parts 383 and 384 that would submitted on the license application
be amended. A summary of the show proof of citizenship or
immigration status for obtaining a with the information on file with the
regulatory changes organized by section SSA. The States would be prohibited
number appears below in the Section- hazardous materials endorsement (Table
1 to § 383.71) could be adopted for all from issuing, renewing, upgrading, or
By-Section Discussion of the Proposals. transferring a CLP or CDL if the SSA
issuances of a CLP and CDL. An
1. Strengthen Legal Presence additional method for proving identity database does not match the data
Requirement and reducing fraud is verifying provided by the applicant. This should
applicants’ SSNs with the Social provide an effective safeguard against
Virtually all States currently issue issuing CLPs or CDLs to applicants who
CLPs and CDLs to U.S. citizens and Security Administration (SSA), which is
discussed under Issue 2. apply for a CLP or CDL based on fraud.
persons with permanent legal presence FMCSA proposes the second
in the country who may not be The NPRM proposes to reinforce alternative because approximately 45
domiciled (i.e., permanent home and ‘‘State of domicile,’’ as currently defined States currently conduct SSN
principal residence) in their State. CLPs in the regulations, as the basis for the verification for CDL applicants. Thus,
and CDLs are also being issued to States’ actions to issue CLPs and CDLs. requiring SSN verification for both CLPs
persons who have temporary legal The NPRM revises the regulations to and CDLs would appear to impose no
presence in the country and are, specify that a State may only issue a additional burden on the majority of
therefore, domiciled in a foreign CLP or CDL to an applicant who is a States; nor would it appear to be an
country. U.S. citizen or a lawful permanent unreasonable burden on those States
On June 4, 2004, the DOT OIG issued resident of the United States. Applicants that do not currently subject CLP or CDL
a Management Advisory on the need for domiciled in a foreign country, other applicants to SSN verification.
FMCSA to establish a legal presence than Canada and Mexico, who have Verification of SSN can be
requirement for obtaining a CDL. The temporary or indefinite legal presence accomplished electronically through
OIG recommended, at a minimum, in the country may be issued a both individual and batch methods with
requiring proof of citizenship, or Nonresident CLP or Nonresident CDL minimum administrative cost or burden
permanent residency or legal presence (regulations preclude issuing to States. The SSN verification would
in the United States before a State issues Nonresident licenses to Canada and only have to be performed once on a
a CDL. The OIG recommended that this Mexico). The NPRM also requires an CLP or CDL applicant if a notation is
requirement be made part of the applicant to demonstrate legal domicile placed on the driver record that the
licensing regulations, and FMCSA (not just prove legal presence), and to verification had been done and the
proposes in the NPRM to require an present certain documentation to obtain results matched information provided
applicant for a CLP to make a similar a Nonresident CLP and CDL. To by the applicant.
demonstration. accomplish this goal, FMCSA adopts The OIG mentioned fingerprinting as
Although ‘‘domicile’’ is not defined in OIG recommendations for document an alternative to a more thorough
parts 383 or 384, ‘‘State of domicile’’ is verification for all CLP and CDL drivers, verification of SSNs, rather than as a
defined in § 383.5 to mean that State that is, the same document verification program that should be undertaken in
‘‘where a person has his/her true, fixed, process as is required for hazardous parallel with SSN verification. FMCSA
and permanent home and principal materials (hazmat) endorsements under is not proposing to require States to
residence and to which he/she has the § 383.71(a)(9). perform fingerprinting of CLP or CDL
intention of returning whenever he/she These requirements for verification, applicants at this time because the cost
is absent.’’ If a State requires proof of along with other OIG recommendation of fingerprinting is significantly higher
domicile as a prerequisite for a learner’s for verifying Social Security Numbers, than the cost of electronic verification of
permit, then those applicants who can would help to reduce the incidence of SSNs. Furthermore, the incremental
demonstrate that they permanently live fraud in the CDL program. FMCSA benefits in terms of security do not
in the State, i.e., U.S. citizens and proposes to revise §§ 383.71 and 383.73 appear to justify the cost in terms of
lawful permanent residents, would be to address this issue. equipment, training, and staffing,
successful. necessary to develop a fingerprinting
2. Social Security Number Verification
A related issue is the documentation program for each State. Thus, FMCSA
Before Issuing CLP or CDL
that would be acceptable as proof of proposes to add a provision to § 383.73.
domicile. Presumably, the States When a CLP or CDL is issued to an FMCSA believes that its proposed
recognize their own non-CDLs or other applicant, it is important to verify that revision adequately addresses OIG
evidence of a home or residence in the the information provided on the concerns.
State, for example, a utility bill. While application form is accurate, and that
many States take precautions to check the person submitting the application is 3. Surrender of CLP, CDL, and Non-CDL
an applicant’s record, such as who he or she claims to be. FMCSA has Documents
conducting Social Security Number provided CDL grant funds to encourage Currently, §§ 383.71 and 383.73
(SSN) verification, this demonstration of States to verify social security numbers require the surrender of an existing
domicile can be made by an applicant (SSNs) when issuing CDLs. Currently, license only when a CDL is being issued
who does not qualify. In some cases, 45 States perform at least limited and the license it is replacing is either
both U.S. and non-U.S. citizens might verification of SSN, name, and date of a non-CDL or a CDL from out of State.
There is no requirement in the current out-of-State CLP for on-the-road Nonresident CDL would be recognized
regulations that requires a driver to training. by the State of domicile.
surrender (1) his or her license when Motor carriers and driver training However, this alternative is
being issued a CDL, if the license is schools advertise that they will assist dependent upon whether the State in
from the same State that is issuing the drivers in obtaining CDLs upon which the training is provided has the
CDL, (2) his or her CLP when it is being completion of their training programs. desire and authority to issue a
renewed or upgraded or a CDL is issued, Many training entities provide their Nonresident CDL. Other new CLP
or (3) an old CDL when the CDL is students with a representative CMV for requirements in the NPRM would
renewed or upgraded to add a new use in taking the skills test, and a driver decrease the vulnerability to fraudulent
endorsement or class of license to the with a CDL to accompany the student to licensing practices under this
new CDL. Although some States do the skills test location. Generally, these alternative. FMCSA would maintain the
require the surrender of the old CDL organizations can provide such a ‘‘one-driver, one-license, one-record
when it is renewed or upgraded, representative vehicle only within the concept’’ by proposing to link an
sometimes the old CDL is returned to jurisdiction in which the carrier’s underlying non-CDL to the issuance of
the driver with a corner cut off or a hole training facility or the school is located, a CLP and require both from the driver’s
punched in it as indication of State of domicile. Also, when the CLP
i.e., the jurisdiction where the training
invalidating the old document. In some and non-CDL are surrendered, the State
is given. The driver holding a CLP who
cases, the hole is punched on the of training temporarily becomes the
has left his/her State of domicile and
expiration date making it impossible for State of licensure because the driver’s
licensure to obtain training then must
law enforcement to determine whether records are transferred to that State.
return to his or her State of domicile Under the second alternative, a
it is a valid license. Better stewardship and licensure to complete the skills
requirements are needed for the person who holds a CDL or non-CDL in
testing. This presents the challenge of his or her State of domicile could obtain
surrender of all non-CDLs, CLPs, and
finding a vehicle that represents the a CLP from that State and obtain
previously issued CDLs when a new
type a driver expects to operate and training in any State. A person would
CDL is issued.
FMCSA proposes to amend §§ 383.71, finding a driver with a currently valid take the skills test in the State where the
383.73, and 384.211, and to add CDL to accompany the driver to the training was conducted. The State of
proposed § 383.25, to expand the skills test location. Further, the costs training would send the skills test
current surrender requirements to associated with obtaining the vehicle results to the State of domicile. The
include any transaction where a CLP is and accompanying driver can be State of domicile would accept the
being upgraded or a CDL is being considerable, estimated at $150 to $200 results of the skills test and issue a CDL
initially issued, upgraded, or per day. Finally, the applicant for a CLP when the student returns to his or her
transferred. FMCSA also proposes to or CDL must also meet the insurance State of domicile. This alternative is
incorporate into its regulations, the requirements for using the based upon a driver’s State of domicile
regulatory guidance posted on the representative vehicle when that cost is accepting the results of a CDL skills test
Agency’s Web site for § 383.73 question not borne by the employing motor taken out-of-State. The problem with
11 and § 384.211 question 1 on carrier or a training school. this alternative results from the States’
stewardship requirements for Another problem with the existing perceived lack of standardization of
surrendered CDLs and to apply it to all system is the perceived inconsistency of skills testing and potential for
of the above-mentioned transactions. State approaches to issuing CLPs or fraudulent testing. Consequently, some
This guidance allows licensing accepting knowledge or skills testing States might be reluctant to accept the
jurisdictions to meet the stewardship from other jurisdictions. liability of issuing a CDL based on the
requirements for surrendered licenses FMCSA considered two alternatives results of an out-of-State CDL skills test.
by physically marking the license in based on issuance of a CLP after a This alternative involves reciprocity of
some way as not valid and returning it demonstration of the applicant’s State of skills testing results. FMCSA is
to a driver. The document must be domicile. First, after successful confident that the new proposed skills
perforated with the word ‘‘VOID’’ or completion of a knowledge test, a person test standards would provide the States
with holes large enough to make it who holds a non-CDL in his or her State with a basis for accepting another
easily identifiable to a casual observer of domicile (or who holds a CDL that State’s test results.
as an invalid document. Punching a he/she wishes to upgrade) could obtain FMCSA proposes to revise § 383.23(c)
hole through the expiration date is not a CLP from that State of domicile and to reflect the second alternative. Current
sufficient. Thus, in the case of renewed receive skills training in any State. The paragraph (c) and other issues that are
CDLs, if a State requires the surrender CLP would be recognized in all States exclusive to the CLP would be
of the old CDL, the stewardship in the same manner as CDLs. Upon redesignated as new § 383.25. FMCSA
requirements must be followed. successful completion of a skills test out believes that the proposed revisions to
of State, the driver could surrender both the minimum standards for knowledge
4. CDL Testing Requirements for Out-of-
the CLP and the underlying CDL 3 or testing in subparts G and H of Part 383
State Driver Training School Students
non-CDL to the State of training and would provide a basis for a State to
Current regulations (§§ 383.23(a)(2) accept another State’s knowledge testing
receive a temporary, non-renewable,
and 384.212) allow a jurisdiction to and CLP for the purpose of allowing the
Nonresident CDL which would expire
license a driver only if the driver is driver to participate in skills training
in 60 or 90 days. During this 60- to 90-
‘‘domiciled’’ in that jurisdiction. Drivers out-of-State.
day period the driver would return to
who temporarily go to another
his or her State of domicile to obtain a 5. State Reciprocity for CLPs

jurisdiction to receive driver training
permanent CDL. The temporary
cannot legally obtain either a CLP or a Currently, Federal CDL regulations
CDL from the jurisdiction in which the 3 Assuming the driver already has a CDL, but is
are silent on whether a CLP must be
training occurs because they are not training to upgrade his/her CDL to a higher class
recognized by other States. This
‘‘domiciled’’ in that jurisdiction. (i.e. Group C to B) or to add an endorsement that situation has caused some States to
Further, some States do not recognize an requires skills testing (i.e. passenger endorsement). recognize an out-of-State CLP when the
holder is taking commercial driver passes the skills test, as a temporary d. Recording the CLP in CDLIS
training in their State, while other States CDL. Standardizing the CLP is a key
Current State policies make it possible
have said the student can only take component of this NPRM.
FMCSA proposes to establish the for a driver to obtain a CLP from more
commercial driver training if the CLP is
central requirement that the CLP be a than one State, because only about half
also from that State. Some States, even
separate document from the CDL or the States create a CLP driver record in
though they do not recognize a CLP
non-CDL. The CLP document would CDLIS. To address this problem, the
from another State for training purposes,
have to meet much the same OIG recommended that, the CLP be
will issue an out-of-State student a CLP
requirements as a CDL document, but recorded in the CDLIS, and section 703
and establish a driver record, but allow
with the words ‘‘Commercial Learner’s of the SAFE Port Act required the
the student to maintain his or her base
Permit’’ or ‘‘CLP’’ displayed Agency to implement the report that
license and driving record from his/her
prominently at the top. FMCSA also included the recommendation. In
State of domicile.
proposes that the restriction codes, addition, section 4122 of SAFETEA–LU
FMCSA proposes to amend
vehicle group, and endorsement for requires the inclusion of the CLP in
§ 383.73(h), which would be
which the driver has passed knowledge CDLIS.
redesignated as § 383.73(l), by adding a
new requirement for CLP reciprocity. In tests should be printed on the CLP Because the CLP together with an
order to maintain the ‘‘one driver, one document, as well as the license number underlying non-CDL is a form of CDL
license, one driving record concept’’ of of the underlying CDL or non-CDL. for training when the driver is
the CDL program and to establish FMCSA also proposes that the CLP accompanied by a CDL holder, it is
uniformity in the issuance of CLPs, the document include the statement that the important that the CLP be subject to the
CLPs would only be issued by the State permit is not valid for driving a CMV same recordkeeping requirements as a
of domicile; but the CLP must be unless the driver also has on his/her CDL (49 CFR 383.23(c)). Moreover, these
recognized for training purposes by all possession the underlying CDL or non- recordkeeping provisions would aid in
other States in the same manner as CDLs CDL and only drives when accompanied the administration of nationwide CLP
are recognized under § 383.73(h). by a valid CDL holder. More reciprocity and ensure uniform
information about the proposal that the application of disqualifications to CLP
6. Minimum Uniform Standards for CLP be a separate document, but tied to holders. FMCSA has determined that
Issuing a CLP the underlying CDL or non-CDL, is the CDLIS has the capacity to handle the
a. Passing the General Knowledge Test addressed in proposed § 383.25 and additional entries that are anticipated as
To Obtain a CLP amendments to §§ 383.151 and 383.153. a result of this proposal. Finally, the
provision fulfills the OIG
Currently, some States do not require c. CLP Document Should Be
recommendation and SAFETEA–LU
a knowledge test as a prerequisite to Tamperproof
requirement that CDLIS be notified of
issuing a CLP. In its May 2002 audit The States permit a variety of all CLPs issued.
report ‘‘Improving Testing and documents to serve as CLPs. Some FMCSA proposes to amend §§ 383.71,
Licensing of Commercial Drivers,’’ the States issue paper documents that 383.73, 384.205, 384.206, 284.207, and
OIG recommended that FMCSA require would be easy targets for tampering. To 384.225 to create a CDLIS record for a
applicants to pass a knowledge test to narrow the range of documents that CLP and to require posting all CLP
obtain a CLP. Section 4122 of serve this purpose and to improve transactions to CDLIS.
SAFETEA–LU mandates CLP applicants security, section 4122 of SAFETEA–LU
pass a written test before the CLP is requires that the CLP be tamperproof 7. Maximum Initial Validity and
issued. and the content of the CLP document be Renewal Periods for CLP and CDL
FMCSA proposes that every the same as the content of the CDL a. Initial Validity and Renewal Periods
commercial driver-trainee be required to document. The CLP would state that for CLP
successfully complete the CDL without the underlying State CDL or
knowledge tests before being issued a non-CDL the CLP is invalid. The license The general principle behind limiting
CLP. A driver who holds a valid non- number of the underlying CDL or non- the duration of a CLP and restricting the
CDL in his or her State of domicile CDL would be displayed on the CLP. number of times it can be renewed
would obtain a CLP from the State of FMCSA proposes to add a definition without retaking the general CDL
domicile upon successful completion of for ‘‘CLP’’ and ‘‘Nonresident CLP’’ to knowledge and endorsement tests is
a general CDL knowledge test. The § 383.5 (Definitions). Substantive public safety on the highway. Every CLP
proposal to require knowledge testing information requirements for the CLP holder is expected to demonstrate the
for all persons applying for a CLP is would be analogous to the information minimum level of requisite skills in a
addressed in § 383.25 and proposed required for a CDL and Nonresident test situation and obtain a CDL within
amendments to §§ 383.71 and 383.73. CDL; and the term ‘‘Commercial a reasonable period of time
This requirement would provide for a Learner’s Permit’’ or ‘‘CLP’’ must be (§ 383.25(d)). If the CLP holder does not
safer driving environment by ensuring prominently displayed on the obtain the CDL within a reasonable
that a student demonstrates basic document. If the person being issued a period of time, it could be an indication
knowledge of operating a CMV before he CLP is domiciled in a foreign that the CLP holder is having difficulty
or she gets behind the wheel. jurisdiction, other than Canada or developing the required skills to handle
Mexico, the word ‘‘Nonresident’’ must a CMV safely. Consequently, a
b. Requiring the CLP To Be a Separate protracted learning period for a CLP
also appear on the CLP.
Document From the CDL or Non-CDL FMCSA also proposes that a holder could pose a safety hazard on the
States vary in the type of document photograph or digitized image of the nation’s public roads and highways.
that serves as a commercial learner’s driver, the appropriate vehicle group, Therefore, it is important to closely
permit and the relationship of the endorsement, and restriction codes must monitor CLP holders to determine if
commercial learner’s permit to a CDL or be shown on the CLP document. The they might be experiencing any safety
non-CDL. In extreme cases, a non-CDL proposed §§ 383.153 and 383.155 reflect problems. Such monitoring could be
serves as the CLP and, once the driver these changes. accomplished by checking the driver
record prior to granting a renewal of the for a driver’s license, including CDLs, following Arizona’s lead by eliminating
CLP. has gone from 5 years to 8 years. In any renewal until age 65. At least once
Some States, such as Alabama, are Arizona, for example, all driver’s every eight years, the driver would
considering issuing CLPs for the same licenses, including CDLs, do not have to update information on the license and
period as licenses, 5 years. When a CLP be renewed until the driver turns 65 the State would update this information
is issued for a lengthy period of time, it years old. on the electronic driving record, place a
has been used illegally in some cases as The ever increasing length of initial new photograph on the license, and
a CDL in a co-driver situation, while the and renewal periods for CDLs is check the driving record.
CDL holder is in the sleeper berth. defeating the purpose of renewal. The FMCSA proposes the second
FMCSA considered two alternatives renewal process allows the driver to alternative, and §§ 383.71 and 383.73
for limiting the initial issuance and update information on the license and would be modified.
renewal periods for CLPs. the State to update this information on
First, a commercial driver training the electronic driving record, place a 8. Establish a Minimum Age for CLP
program including classroom and new photograph on the license, check An individual is not eligible to
behind the wheel training usually takes the driving record (i.e. current State of operate a CMV in intrastate commerce
6 to 8 weeks. Considering that some licensure, CDLIS, and Problem Driver before age 18 (49 CFR 350.341(f)), and
students may need additional behind Pointer System (PDPS)), and, in the case in interstate commerce before 21 years
the wheel experience before taking the of the hazardous materials endorsement, (49 CFR 391.11(b)(1)), except for those
skills test for a CDL, a CLP valid for 90 require the driver to retake the test persons either excepted or exempted
days would be reasonable. Likewise, required by § 383.71. under 49 CFR 390.3(f), 391.2 and
some driver-students may not pass the FMCSA considered two alternatives subpart G of part 391. Despite this fact,
skills test on the first attempt and for limiting the initial term and renewal some States are currently issuing CLPs
scheduling a retest may take several periods for CDLs. to applicants younger than 18 years of
weeks. In that situation, the students Under the first alternative, the current
age. As a result, an individual who
would be allowed to renew their CLP for average validity period for a license in
cannot operate a CMV in intrastate or
an additional 90 days without having to the United States is slightly under 5
interstate commerce is allowed to train
retake the general and endorsement years. Some States use periods as low as
and obtain behind-the-wheel experience
knowledge tests. 2 years and others use 8 years; a few
Under the second alternative, FMCSA in a CMV under the age of 18.
licenses remain valid to age 65. Since
recognizes that not all CLP holders take the hazardous materials endorsement FMCSA considered two alternatives
formal training at a commercial driving threat assessment must be performed at for setting a minimum age for issuing a
school. They may need more time (e.g., least every 5 years in accordance with CLP. First, to avoid the inconsistency
180 days) to pass the skills test because a Transportation Security between States for setting the minimum
they are not training and practicing Administration interim rule, the initial age for operating a CMV with a CLP,
behind-the-wheel skills on a full time and renewal periods could be set at a FMCSA could recommend that an
basis as they would in a formal training maximum of 5 years to bring the CDL applicant for a CLP be at least 18 years
program. Therefore, FMCSA could renewal and threat assessment cycles old. The age limit is especially
propose a CLP be valid for 180 days. into agreement. This would promote important if a CLP holder, as proposed,
Again, some driver-students may not uniformity among the States and limit would be granted reciprocity to drive in
pass the skills test on the first attempt the escalating length of validity periods. another State while training.
and scheduling a retest may take several However, FMCSA recognizes that States The second alternative is the same as
weeks, so the students could be allowed with periods over 5 years may object the first alternative. However, the
to renew their CLP for an additional 90 because they could not handle more exceptions and exemptions to the 21
days without having to retake the frequent transactions with current years of age requirement for interstate
general and endorsement knowledge staffing and budget levels. commerce under 49 CFR 390.3(f), 391.2,
tests. Under the second alternative, while and subpart G of part 391 would also be
FMCSA believes public safety the current average validity period for a recognized for the issuance of a CLP.
demands a limitation on the time license in the United States is just under FMCSA proposes the second
allowed for a student to obtain a CDL 5 years, the number of drivers is alternative to be consistent with the
without having to start the process over increasing. Therefore, States would exceptions and exemptions from age
by retaking the general and endorsement need some flexibility to extend the requirements granted in Parts 390 and
knowledge tests. There is also concern validity periods to accommodate the 391 to operate in interstate commerce
that limiting initial validity to a short increase with current staffing and and, if adopted by the State, in intrastate
period of time (e.g., 90 days) puts an budget levels. Except for Arizona and commerce. A provision would be added
undue burden on both the driver and Georgia, we know of no State that to new § 383.25 and to § 383.71 to
the State licensing agency in processing currently has an initial and renewal specify a minimum age requirement
more renewals. Therefore, FMCSA period greater than 8 years. An 8-year with limited exceptions.
proposes the second alternative and period is also the renewal period DHS
9. Preconditions To Taking the CDL
proposes to add new § 383.25 and to has adopted in its final rule to
Skills Test
amend §§ 383.71 and 383.73. implement the REAL ID Act. By
proposing an 8-year maximum renewal Currently, issuance of a CLP is not a
b. Initial Validity and Renewal Periods period, FMCSA agrees with the DHS precondition for issuance of a CDL.
for a CDL requirements for all drivers’ licenses. Therefore, a CDL applicant could legally
The States vary in their initial An 8-year period would provide most obtain behind-the-wheel training on any
duration and renewal periods for CDLs. States the flexibility to expand beyond public or private road without a CLP.
The trend has been to expand the time 5 years. At the same time, it would still Also, there is the issue of applicants
periods in order to handle more drivers promote highway safety by placing a without a CLP getting less than two
with the same staff and budget. In New cap on the maximum validity periods weeks training at so called ‘‘CDL mills
York, for example, the renewal period and preventing more States from rather than 6 to 8 weeks of training that
teaches them to properly operate a experience to prepare to pass the skills skills testing could pose a serious safety
CMV. test. hazard to the driver, the examiner, the
In addition, the CLP holder should FMCSA proposes that only the P CMV and the general public on the
not be eligible to take the CDL skills test endorsement be allowed on the CLP highway. For example, if would be
in the first 30 days after initial issuance after the driver successfully passes the dangerous if a testing official gave the
of the CLP, because it affords the endorsement knowledge test. We further driver a command based on an observed
applicant an opportunity to obtain skills propose that the CLP holder with the P hazard or situation, but the driver did
training and to practice what he or she endorsement be prohibited from driving not immediately comprehend the
is taught. This 30-day prohibition on a CMV carrying passengers. While the S command.
taking the skills test may also have an endorsement requires skills training to The OIG also recommended in its
effect on the training period and pass the skills test, it is only needed 2002 CDL audit report that FMCSA
thoroughness of the curriculum being when the driver is actually transporting require testing protocols and
taught at the CDL mills, because of the students. Thus, there is no need to have performance oriented requirements for
interval between the general training to the S endorsement on the CLP when English language proficiency.
pass the knowledge test for a CLP and training for the CDL because it would FMCSA proposes to amend § 383.133.
the point at which the driver is eligible not be a safe practice to allow driver The fraud and safety concerns identified
to take the skills test. trainees to transport students. If the over the past few years lead FMCSA to
applicant is training on a school bus, the conclude that the rules should provide
FMCSA proposes to add these
endorsement knowledge test must be clear guidance on test administration.
conditions in § 383.25 and to amend
passed and noted on the driver’s record. The NPRM would propose to eliminate
part 383, subpart H. The Agency has
FMCSA also proposes that the P the use of interpreters in both the
published a NPRM (72 FR 73226,
endorsement on the CLP be class knowledge and the skills testing. There
December 26, 2007) that would require
specific. The driver can only undergo are alternate ways to conduct
that applicants for a CDL obtain training
skills testing in a class of passenger knowledge tests in foreign languages
that meets specific curriculum
vehicles or school bus for which he or through the use of written, recorded and
requirements. The entry level driver she has passed knowledge training. This automated testing. With regard to skills
training requirement (RIN 2126–AB06) requirement is similar to what is testing, interpreters are a safety issue,
would work together with the required for P or S endorsements as CDL not a language accommodation issue.
requirements in this rulemaking to upgrades. The CLP holder must also be While a foreign speaking applicant may
ensure that applicants for a CDL have accompanied and directly supervised by have difficulty comprehending long
received adequate training and have had a driver qualified for such a vehicle questions and multiple choice responses
adequate opportunity to learn safe type. in English, immediate response to
driving skills behind the wheel of a No other endorsements should be verbal commands and instructions in
CMV. The comment period for the allowed on a CLP for safety reasons. The English by a skills test examiner is vital
Agency’s entry-level driver training rule hazardous materials (H) endorsement is to public safety. This proposed rule
expires on May 23, 2008 (73 FR 15471, currently prohibited for security attempts to strike a balance between
March 24, 2008). reasons. FMCSA sees no justification for accommodation of applicants for whom
10. Limit Endorsements on CLP to allowing CLP holders to train on English is their second language and
Passenger (P) Only double/triple vehicles, tank vehicles, who undergo CDL testing, while
and vehicles carrying hazardous preserving the necessary protections
This rule proposes that persons who materials. Drivers wishing to develop against fraud and safety risks to drivers,
are learning to drive a CMV with a CLP skills on these vehicles must first obtain skills test examiners, and the general
should not operate specialized vehicles a CDL and then seek additional training public on highways.
(e.g., double/triple trailers or tank needed for an endorsement.
vehicles) or carry dangerous or high- 12. Update Federal Knowledge and
FMCSA proposes to add § 383.25 and
value cargo (such as hazardous Skills Test Standards
to amend §§ 383.71, 383.73, 383.93, and
materials or passengers) before they 383.153. These proposed requirements Section 4019 of TEA–21 required
acquire basic knowledge and skills. and restrictions for the P and S FMCSA to complete a review of the
However, some States issue endorsements on the CLP would apply current system of CDL knowledge and
endorsements on their CLPs, or allow whether the CLP holder has only a non- skills testing, and determine if it is an
drivers to train on CMVs that require an CDL, or already has a CDL and is accurate measure of an individual’s
endorsement without the need for the seeking an upgrade by adding the P or knowledge and skills as an operator of
endorsement on the CLP or CDL. S endorsements. a CMV. Section 4019 further required
Section 383.93 requires a driver to pass FMCSA to issue regulations reflecting
the general knowledge and skills test for 11. Methods of Administering CDL Tests the results of the review. This mandate
a CDL before being eligible to add State and Federal investigations have was addressed by the American
endorsements for double/triple trailers, revealed applicant and examiner fraud Association of Motor Vehicle
passenger vehicles, tank vehicles, in the use of interpreters during Administrators (AAMVA) and the
vehicles used to transport hazardous knowledge and skills testing. The OIG FMCSA jointly. The recently updated
materials, and school buses. While all has issued recommendations on this versions of AAMVA’s model CDL
endorsements require a knowledge test issue. The agency has issued Regulatory knowledge and skills tests, and driver
specific to the endorsement, only the Guidance on 49 CFR Part 383 and examiner manuals were released to
passenger (P) endorsement under concerning the use of interpreters and the States in January 2006. The updated
§ 383.93(c)(2) and the school bus (S) written, verbal, and automated foreign model test package (Version 2005) meets
endorsement under § 383.93(c)(5) language tests. The use of interpreters a higher standard of knowledge and
require successful completion of both a during knowledge testing has resulted skills testing than the current Federal
knowledge and skills test. Thus, only in fraud; questions are sometimes standards in part 383, subparts G and H.
the P and S endorsements require the answered by the interpreter, not the While some States are voluntarily
applicant to obtain behind-the-wheel applicant. The use of interpreters during adopting the updated model test
package (tests and manuals), the Federal knowledge and skills testing FMCSA proposes to amend §§ 383.5,
majority of the States will not fully standards, similar to what is in the 383.93, 383.95, and 383.153. FMCSA
adopt them until the Federal testing current testing standards in part 383, believes that Federal restrictions should
standards are raised to meet the model Subparts G and H. be developed for applicants who use a
test standards. FMCSA proposes the first alternative vehicle in the skills test that is equipped
FMCSA considered two alternatives in order to promote more uniformity with (1) an automatic transmission; (2)
for updating the Federal knowledge and among the States. FMCSA proposes to air over hydraulic brakes; or (3) a non-
skills testing standards. amend § 383.5 and part 383, subparts G fifth wheel (pintle hook). All three
Under the first alternative, FMCSA and H, and to add § 384.229. restrictions would be assigned
would incorporate the AAMVA model 13. New Standardized Endorsements standardized restriction codes, along
test package (Version 2005) by reference and Restriction Codes with a standardized code for the current
into the Federal regulation for CDL air brake restriction.
knowledge and skills standards. This is Currently, uniform codes are not The disparity in minimum rated
justified because AAMVA’s 2005 model required for all endorsements and capacity between permanently attached
testing package was developed with restrictions on a CDL. For example, tanks (119 gallons) and temporarily
major input by representatives from the unlike the standardized CDL codes for attached portable tanks (1000 gallons)
industry that would be affected by the the double /triple trailer (T), hazardous for the tank vehicle endorsement makes
new testing standards, and as a way of materials (H), tank vehicle (N), no sense. As FMCSA has no reports of
promoting uniformity among the States. passenger vehicle (P) and school bus (S) any problems with drivers transporting
Some modifications to part 383, endorsements, the air brake restriction portable tanks with a rated capacity
subparts G and H, would be needed to has no standardized code. The fact that under 1,000 gallons, the NPRM
match the knowledge standards in the States are using five different codes proposes a rated capacity threshold of
model testing package. These causes enforcement problems. In one 1,000 or more gallons for all tanks
modifications would address: (1) The State a ‘‘K’’ restriction means an air before a driver would need a tank
number of questions that are required brake restriction while in another State endorsement. This would also eliminate
on the general and endorsement it means an intrastate-only restriction. the controversy over whether the driver
Several issues have been raised by
knowledge tests; (2) the number of of a ready mix concrete truck equipped
motor carriers and State driver licensing
knowledge categories (domains) that with a small water tank to clean the
skills examiners in regard to CMVs with
must be represented with questions on mixer drum or a truck transporting
(1) automatic transmissions or manual
the general and endorsement knowledge generators with small fuel tanks needs
transmissions; (2) air over hydraulic
tests; and (3) the adoption of the a tank vehicle endorsement.
versus air brakes; and (3) non-fifth
AAMVA 2005 Requirements Document
wheel (e.g., pintle hook) versus fifth 14. Previous Driving Offenses by CLP
algorithm for creating multiple versions
wheel combination vehicles. Motor Holders and CLP Applicants
of the knowledge test. carriers are concerned when they hire
In addition, modifications to part 383, a. Holders of a CLP
drivers with a CDL who (1) cannot
subparts G and H, would be needed to: FMCSA does not currently subject a
operate manual transmission vehicles;
(1) Make the entire pre-trip inspection (2) cannot test or operate a full air brake CLP holder to the basic rules of the CDL
(not just the air brake inspection) part of system; and/or (3) cannot hook up a program. The question has been raised
the skills standard, rather than the fifth wheel power unit with a semi- whether a CLP holder is subject to the
current knowledge standard; (2) prohibit trailer. State examiners are concerned disqualifying offenses in § 383.51 for
the banking of parts of the skills test (for when they cannot test the applicant on major offenses under Table 1 and minor
example, an applicant who passes the (1) a full air brake system; (2) a manual offenses under Table 2, including those
pre-trip and off-road maneuvers, but transmission; and/or (3) fifth wheel that occur when operating a non-CMV.
fails the on-road part of test must retake combination hookup because the In other words, is a CLP holder ‘‘a CDL
all three parts of the skills test); (3) vehicle brought to the test is not so. holder’’ for purpose of being
adopt the expanded definition of CMV However, there is no current Federal disqualified? Under current § 383.51,
in section 4011(a) of TEA–21 to include requirement that the test vehicles be the answer is no.
both ‘‘gross vehicle weight rating and outfitted with these features. A number FMCSA considered two alternatives
gross vehicle weight’’ and ‘‘gross of States have imposed restrictions on for dealing with disqualifying offenses
combination weight rating and gross CDLs for drivers who take the skills test of a CLP holder. Under the first
combination weight,’’ ‘‘whichever is in a CMV that is missing one or more alternative, FMCSA could leave the
greater.’’ ;4 (4) eliminate § 383.77, since of these features, but there are no regulations unchanged and not apply
the substitute for a driving skills test standardized codes for these the disqualifications to CLP holders.
was intended only for the initial testing restrictions. This would allow some CLP holders
cycle prior to April 1, 1992; and (5) Another issue related to endorsements who are convicted of disqualifying
adopt the OIG recommendation to is the confusing definition of ‘‘tank offenses while operating a non-CMV to
require covert monitoring of State and vehicle’’ under § 383.5 because of the continue avoiding license sanctions. In
third party skills test examiners. reference to the definition of ‘‘cargo the second alternative, FMCSA could
The second alternative is the same as tank’’ in 49 CFR part 171. The definition subject the holder of the CLP to the
the first alternative, except that the in Part 383 implies that a driver needs same rules as a driver who holds a CDL.
AAMVA model testing package would a tank endorsement to operate a vehicle This would ensure that drivers who
not be adopted by reference. Only the with a permanently attached tank that have been convicted of the violations
major aspects of the model testing has a rated capacity greater than 119.5 described in § 383.51, whether they
package would be incorporated into the gallons. In the case of a portable tank occurred in a CMV or non-CMV, would
4 The expanded definition should be limited to
temporarily attached to the vehicle, a not operate CDL vehicles on our
roadside enforcement and not used for skills testing
tank endorsement is needed only if the nation’s highways until the end of the
in order to maintain the representative vehicle portable tank has a rated capacity of full disqualification period for the
concept. 1,000 gallons or more. offense in the non-CMV.
FMCSA proposes the second with the proper class or endorsements, (a) June 4, 2004 Memorandum: Need
alternative because of the increased or using a driver to operate a CMV that to Establish a Legal Presence
level of safety that would result from violates a restriction on the driver’s Requirement for Obtaining a
higher qualification standards for CMV CDL. This omission makes it difficult Commercial Driver’s License (Control
drivers. FMCSA also proposes to amend for FMCSA to properly cite and take No. 2004–054). This 2004 OIG report
§§ 383.5, 383.51(b) and (c), 383.71, and enforcement action against a motor recommended that FMCSA establish a
383.73. carrier. legal presence requirement for obtaining
FMCSA proposes to include a specific a CDL. The report said that all CDL
b. Applicants for a CLP
prohibition against motor carriers using applicants should demonstrate either
Applicants for a CLP are not currently drivers who do not have a current CLP citizenship or lawful permanent
subject to the basic rules of the CDL or CDL or who do not have a CDL with residence in the United States before a
program. An applicant who has been the proper class or endorsements, or State may issue a CDL. FMCSA has
disqualified from driving an automobile using a driver to operate a CMV in addressed this recommendation in this
can nevertheless obtain and use a CLP, violation of a restriction on the driver’s NPRM.
even during the disqualification period. CDL. FMCSA proposes to amend (b) February 7, 2006 Memorandum:
This driver would then be able to § 383.37 and Appendix B to Part 385. Report on Federal Motor Carrier Safety
upgrade to a CDL later, potentially Administration Oversight of
resulting in an unsafe driver behind the 16. Incorporate CLP-Related Regulatory Commercial Driver’s License Program
wheel of a CMV on the highway. Guidance Into Regulatory Text (Report Number MH–2006–037). This
FMCSA considered two alternatives 2006 OIG report contains three broad
Over the past several years, FMCSA
for dealing with disqualifying offenses recommendations to detect and prevent
has published a number of
of a CLP applicant. First, FMCSA could fraudulent testing and licensing activity
interpretations in response to requests
leave the current regulations as they are in the CDL program:
for clarification of regulations
currently written and not apply the (1) Direct the States to report on the
applicable to CLPs and driver testing.
disqualifications to CLP applicants. This final disposition of all suspect drivers
While these interpretations do not have
would allow an applicant for a CLP to identified by the States. These
the force of regulation, they nonetheless
remain exempt from the disqualifying disposition reports should emphasize
guide Agency enforcement. (The current
offenses of § 383.51. but not necessarily be limited to
Second, FMCSA could subject the interpretations are available on the
instances where there is specific or
applicant for the CLP to the same rules FMCSA Web site under ‘‘Guidance for
direct evidence that the driver
that exist today for a CDL applicant. Regulations’’ at http://
participated in a fraudulent activity to
Before issuing a CLP to a driver, the www.fmcsa.dot.gov/rules-regulations/ obtain the CDL.
issuing State would be required to administration/fmcsr/fmcsrguide.htm. (2) Determine that State CDL
perform a check into the driver’s current The interpretations are listed under the programs are out of compliance, under
driving record at the current State of applicable 49 CFR part.) However, the Federal regulations, if the State fails to
licensure, and using both CDLIS and the parties who requested the impose adequate internal controls to
Problem Driver Pointer System (PDPS) interpretations had no opportunity to prevent fraud or fails to take or propose
to ensure the driver is not subject to the question them or to amplify the inquiry, necessary corrective action.
sanctions of § 383.51 or any license and other parties might be unaware of (3) Impose sanctions, under Federal
suspension, revocation, or cancellation the Agency’s position. Regulatory regulations, against those States that fail
under State law and that the person Guidance, once issued, should therefore to establish adequate fraud control
does not have a driver’s license from be incorporated into regulatory text, as measures for their CDL programs.
more than one State or jurisdiction. needed. The first recommendation in the 2006
Discovery of such sanctions would FMCSA proposes to codify regulatory OIG report was based on a February 24,
result in the State’s refusal to issue a guidance related to this rulemaking by 2005, OIG memorandum to FMCSA on
CLP until the end of the full subjecting it to public notice and data collected from the States, which
disqualification period for the offense. comment. Regulatory guidance made identified 15,032 CDL holders suspected
This would ensure that drivers who obsolete by the changes in this of fraudulent activities. The States took
have been convicted of the unsafe rulemaking would be eliminated. This action against 8,293 of these drivers,
driving violations described in § 383.51 would include regulatory guidance including removing CDL privileges. The
prior to applying for a CLP, regardless under § 383.23 (CLP), questions 1, 2, status of the remaining 6,739 suspect
if they occurred in a CMV or non-CMV, and 4; part 383, Subparts G and H, all drivers was not determined at that time
would not operate CMVs on our nation’s questions (knowledge and skills testing); because the drivers had moved from
highways while disqualified. and § 383.153, questions 1–7 (CLP and their original State of record. FMCSA
This NPRM proposes the second CDL document). FMCSA proposes to said that it would ask the States to
alternative because of the increased amend §§ 383.25, 383.73, 383.77, determine the final disposition of these
level of safety that would result from 383.95, 383.113, 383.131, 383.133 and drivers, but the Agency does not have
higher qualification standards for CMV 383.153. legal authority under parts 383 or 384 to
drivers. FMCSA proposes to amend 17. Incorporate SAFE Port Act require the States to make such a report.
§§ 383.5, 383.51(b)–(c), 383.71, and As a short term solution to this
Provisions
383.73 accordingly. problem, FMCSA addressed this
On October 13, 2006, the President recommendation by contacting the
15. Motor Carrier Prohibitions signed into law the Security and States and requesting that they report
Current § 383.37 prohibits employers Accountability For Every Port Act of the final disposition of the 6,739 suspect
from allowing disqualified drivers to 2006 (SAFE Port Act), Public Law 109– CDL holders. As a long term solution,
operate a CMV. However it does not 347. Section 703, Trucking Security, FMCSA proposes to require States to
include a prohibition on using a driver requires FMCSA to implement invalidate CDLs issued as the result of
who simply does not have a current CLP requirements from two Office of examiner fraud and to retest the driver.
or CDL or who does not have a CDL Inspector General (OIG) reports: However, if a driver was convicted of
fraudulent activities related to the CDL, even if the person does not The definition of ‘‘tank vehicle’’
issuance of a CDL, the issuing State currently hold a CDL. This change would be revised to clarify that only
would be required to withdraw the would facilitate enforcement of the rules tanks with a rated capacity of 1,000
driver’s CDL and post this information against those who do not properly gallons or more come under the
on his/her CDLIS record. The driver obtain a CDL. definition.
would not be allowed to reapply for a FMCSA proposes to add a definition FMCSA proposes to add definitions of
new CDL for one year. of ‘‘commercial learner’s permit’’ to ‘‘third party skills test examiner’’ and
With regard to the second specify that a CLP, in combination with ‘‘third party tester’’ to clarify to whom
recommendation in the 2006 OIG report, an underlying license, provides the new requirements on third party
FMCSA proposes new requirements to authority to operate a CMV on public testers proposed for part 384 would
combat fraud (prohibiting interpreters, highways for the purpose of behind the apply.
requiring social security number wheel training when accompanied by a References to ‘‘CLP’’ are proposed to
verification, checking legal presence, qualified CDL holder. FMCSA also be added in the definitions of
etc). This NPRM proposes to require proposes to adopt the expanded ‘‘disqualification,’’ ‘‘driver applicant,’’
that: definition of CMV in section 4011(a) of ‘‘endorsement,’’ and ‘‘non-resident
Æ A digitized photo of the driver be TEA–21 to include both ‘‘gross vehicle CDL.’’
kept on file by the State licensing weight rating and gross vehicle weight’’ In addition, editorial changes are
agency. and ‘‘gross combination weight rating proposed for the definitions of
Æ The State establish computer and gross combination weight,’’ ‘‘commercial driver’s license’’ and
system controls that prevent changes to ‘‘whichever is greater.’’ The expanded ‘‘United States.’’
records of transactions, unless they are definition is proposed to be limited to
done by supervisory personnel only and roadside enforcement of the CDL 2. Section 383.9, Matter Incorporated by
are documented. requirements to cite drivers who are Reference
Æ Background checks and formal trying to avoid the need for a CDL by Subpart H of part 383 currently has
training be mandatory for all driving test operating a vehicle that has a gross general language describing the CDL
examiners. vehicle weight rating (GVWR) or a gross knowledge and skills testing
Æ The States establish oversight combination weight rating (GCWR) procedures, testing methods, and
systems for all examiners, including under 26,001 pounds, but then overload passing scores. In order to promote more
third-party examiners. the vehicle so the gross vehicle weight uniformity among the States, more
Regarding the OIG’s third (GVW) or gross combination weight specific language on administering the
recommendation in the OIG 2006 report, (GCW) is over 26,000 pounds. As tests is needed. Therefore, FMCSA is
FMCSA proposes that the measures currently specified in § 383.91(b), only proposing to incorporate by reference
described above be added to the the GVWR or GCWR of the vehicle is the current edition of AAMVA’s ‘‘2005
requirements of part 384, thus requiring used for skills testing because CDL Test System.’’
these items to be reviewed for overloading a vehicle to obtain a GVW FMCSA is providing the public an
compliance whenever a State undergoes or GCW over 26,000 pounds is both opportunity to comment on the
a CDL compliance review by FMCSA. unsafe and not a representative vehicle incorporation by reference of this
States found in substantial non- for demonstrating driving skills for a AAMVA ‘‘2005 CDL Test System,’’ and
compliance with these fraud control CDL. would provide similar opportunity
measures, as well as the other
The definition of ‘‘imminent hazard’’ before incorporating any updates to the
requirements of part 384, would be
would be amended to add one phrase. 2005 edition.
subject to the loss of Federal-aid
Under 49 U.S.C. 31310(f), FMCSA is Incorporating the AAMVA CDL test
highway funding. FMCSA proposes to
authorized to disqualify a CDL holder system by reference complies with the
amend §§ 383.73 and 383.75, and to add
who is determined to constitute ‘‘an requirements in 5 U.S.C. 552, which
§§ 384.227, 384.228, and 384.229.
imminent hazard (as such term is allows agencies to publish rules in the
IV. Section-By-Section Discussion of the defined in section 5102).’’ Section Federal Register by referring to
Proposals 383.52 implements that authority, and materials already published elsewhere.
This section includes a summary of section 383.5 defines ‘‘imminent Section 552 authorizes incorporation by
the regulatory changes proposed for 49 hazard’’ in the same terms as 49 U.S.C. reference with the approval of the
CFR parts 383, 384, and 385 organized 5102. This amendment is necessary Director of the Federal Register to
by section number. because section 7102(4) of SAFETEA– reduce the volume of material published
LU amended the definition in section in the Federal Register and the CFR.
A. Proposed Changes to Part 383 5102 to say that imminent hazard The legal effect of incorporation by
Part 383, Commercial Driver’s License ‘‘means the existence of a condition reference is that the material is treated
Standards; Requirements and penalties, relating to hazardous materials that as if it were published in the Federal
contains the requirements for CDLs and presents a substantial likelihood that Register. This material, like any other
CLPs. With certain exceptions, the rules death * * * ’’ Since this definition properly issued rule, would then have
in this part apply to every person who governs FMCSA’s authority under the force and effect of law.
operates a commercial motor vehicle § 383.52, the corresponding definition
in § 383.5 must be changed. The effect 3. Section 383.23, Commercial Driver’s
(CMV) in interstate, foreign, or intrastate License
commerce, to all employers of such of the change is to narrow somewhat the
scope of § 383.52. FMCSA proposes to amend § 383.23
persons, and to all States.

The definition of ‘‘serious traffic by moving current paragraph (c) on
1. Section 383.5, Definitions violation’’ would be removed because learner’s permits to a new § 383.25 that
FMCSA proposes to add a definition the substance of the definition was would contain expanded requirements
of ‘‘CDL driver’’ to clarify that the previously incorporated into § 383.51 for CLPs. A new paragraph (b)(3) adds
requirements that apply to CDL driver and the definition is no longer operating with a CLP to the list of
also apply to anyone required to hold a necessary. exceptions to the requirement to hold a
CDL, if the CLP is properly issued under amended to update the requirements for by the tester would have to conduct at
the requirements of proposed § 393.25. providing information on citizenship least 10 skills test annually. These
and the applicant’s actual address or minimums would ensure that the costs
4. Section 383.25, Commercial Learner’s
domicile; for completing the Social of oversight do not exceed the benefits
Permit
Security Number verification; for to the State that accrue from having the
FMCSA proposes to add a new surrendering previously issued licenses; third party tester. In addition, the
§ 383.25 for the expanded requirements and to limit CDLs to a maximum term minimums would ensure that each
for CLPs. Under the proposed rules, a of 8 years before renewal is required. tester and examiner is conducting
driver would have to obtain a CLP and Also, to control against use of false enough tests to maintain his/her
hold it for at least 30 days before addresses, the State would be required expertise. However, FMCSA is aware
becoming eligible for a CDL. Section to mail the initial CLP or CDL to the that some States have approved motor
383.25 would also contain specific address provided on the application carriers as third party testers to conduct
requirements for the CDL holder who form. Three other fraud control tests for their own employees. FMCSA
must accompany the CLP holder and measures would be added: A specifically requests comments on
would specify the eligibility requirement that the State have at least whether the requirements for minimum
requirements for the CLP applicant, two persons check and verify all numbers of tests per year would
such as age and knowledge and skills documents involved in the licensing adversely affect such motor carriers.
tests. Section 383.25 would also specify process; a requirement that the State Measures intended to ensure the
that the CLP must be separate from the establish computer system controls that integrity of the test process would
CDL and that it may be valid for no prevent changes to records of include the following:
more than 180 days, with one 90 day transactions, unless they are done by • At least annually, State employees
renewal. supervisory personnel only and are would be required to co-score actual
documented; and a requirement that the skills tests along with the third party
5. Section 383.37, Employer’s
State cancel or revoke a CDL if the tester to compare pass/fail results.
Responsibilities • The results of any test conducted by
holder has been convicted of fraud
FMCSA proposes to amend § 383.37 related to the CDL application or testing a third party examiner would have to be
to specify that an employer may not process. transmitted to the State through a secure
allow a driver to operate a CMV without electronic means.
or in violation of a current CLP or CDL 10. Section 383.75, Third Party Testing • The third party tester would be
with the proper class or endorsements. Section 383.75 would be revised to required to maintain a bond in an
Although it is obvious that a driver must add new requirements to ensure that amount specified by the State. In cases
have a proper license to legally operate third party testers use the same where a third party examiner has been
a CMV, adding the specific prohibition materials and procedures as State involved in fraudulent activities, the
to § 383.37 would facilitate enforcement testers, to enhance State oversight, and State may decide that all or some of the
actions against negligent employers. to facilitate the prevention of fraud. drivers that had been tested by that
Specifically, the third party tester examiner should be retested to ensure
6. Section 383.51, Disqualification of
would be required to use the same test that they are qualified to hold a CDL.
Drivers
scoring sheets, written instructions for The bond would be used to reimburse
FMCSA proposes to add references to applicants, and skills tests as the State the State for the expense of retesting
CLPs throughout § 383.51 to make a uses. Also, the third party tester would these drivers.
person with a CLP subject to the same be required to use designated road test
disqualifying offenses that apply to a 11. Section 383.77, Substitute for
routes that have been approved by the
CDL holder in § 383.51, Tables 1 and 2, Driving Skills Test
State.
including those that occur when Enhanced oversight measures would FMCSA proposes to remove and
operating a non-CMV. include the following: reserve § 383.77 because this section
• The State would be required to was originally intended to be used only
7. Section 383.71, Driver Application conduct an annual on-site inspection of for the initial testing cycle prior to April
Procedures the test sites. 1, 1992, when the CDL program was
Section 383.71 would be completely • The third party tester and initiated. It is no longer needed.
revised to add specific application individual examiners employed by the
procedures for CLPs and to amend the tester would be required to apply for a 12. Section 383.79, Skills Testing of
application procedures for CDLs by skills testing certificate. To qualify for Out-of-State Students
updating the requirements for providing the certificate, the individual examiners Section 383.79 would be added to
information on the applicant’s actual would have to successfully complete a prescribe how a State must handle the
address or domicile and for formal skills test examiner training administration of skills tests to
surrendering previously issued licenses. course. applicants who have taken driver
• The third party tester would have to training in that State, but are domiciled
8. Section 383.72, Implied Consent to submit a weekly schedule of skills test in a different State.
Alcohol Testing appointments for the following week.
13. Section 383.93, Endorsements
Section 383.72 would be revised to This would allow State inspectors to
apply the section to CLP holders as well plan visits to the testing sites on days Section 383.93 would be amended to
as CDL holders. when tests will be administered. add the requirement that the only
• The third party tester would have to endorsement allowed on a CLP is a
9. Section 383.73, State Procedures maintain copies of records showing passenger endorsement, which allows a
Section 383.73 would be revised to compliance with these rules at its CLP holder to only drive an empty bus,
impose specific requirements for how principal place of business. accompanied by a CDL holder, for
States may issue CLPs. Also, the • The third party tester would have to training purposes. The States would
requirements on State procedures for conduct at least 50 skills tests annually also be required to use the codes listed
processing CDL applications would be and each individual examiner employed in § 383.153 on the CLP or CDL to show
the endorsements for which that driver contains sample guidelines for States to current 2005 edition of AAMVA’s ‘‘2005
has qualified. use in choosing topics to include in the CDL Test System’’ be used by the States
knowledge and skills tests that they in scoring the skills tests.
14. Section 383.95, Air Brake
administer to CDL applicants. The
Restrictions 23. Subpart J, Commercial Driver’s
appendix would not be needed because
FMCSA proposes to broaden the License Document
FMCSA proposes to incorporate by
scope of this section to address other reference the AAMVA 2005 Subpart J of part 383, including
types of restrictions, such as the Requirements Document as the Federal §§ 383.151 and 383.153, would be
automatic transmission, non-fifth wheel, knowledge and skills testing standard. expanded in scope to address the
and passenger vehicle restrictions. (See proposed § 383.9.) The AAMVA document requirements for CLPs as well
15. Section 383.110, General test package contains the specific tests as for CDLs.
Requirement and manuals that States would be
required to use. 24. Section 383.155, Tamperproofing
FMCSA proposes to update the Requirements
requirements in § 383.110 and the other 20. Section 383.131, Test Manuals
Section 383.155 would be revised to
sections in subpart G to require States FMCSA proposes to revise paragraphs apply the requirements for
to use the knowledge and skills testing (a) and (b) of § 383.131 to require States tamperproofing to CLPs, as well as
standards developed jointly by AAMVA to use the current 2005 edition of CDLs.
and FMCSA. The current requirements AAMVA’s ‘‘Model Commercial Driver
are general and do not mandate that all Manual’’ and ‘‘Model CDL Examiner’s B. Proposed Changes to Part 384
States follow the same specific Manual’’ that are components of The purpose of part 384, State
requirements for designing the AAMVA’s ‘‘2005 CDL Test System’’ and Compliance With Commercial Driver’s
knowledge and skills tests. are to be incorporated by reference License Program, is to ensure that the
under proposed § 383.9. States comply with the provisions of
16. Section 383.111, Required
FMCSA also proposes to add a new section 12009(a) of the Commercial
Knowledge
paragraph (c) to § 383.131 to require Motor Vehicle Safety Act of 1986 (49
Section 383.111 would be revised to States to record and retain the U.S.C. 31311(a)). Part 384 includes the
add more details to the lists of topics knowledge and skills test scores for each minimum standards for the actions
that must be included in the knowledge applicant. As part of a fraud detection States must take to be in substantial
tests. The new requirements include 20 and prevention program, the test scores compliance with each of the 21
general areas of knowledge. will be verified before the issuance of a requirements of 49 U.S.C. 31311(a),
17. Section 383.113, Required Skills CLP or CDL. establishes procedures for FMCSA
Section 383.113 would be revised to 21. Section 383.133, Test Methods determinations of State compliance, and
add more details to the lists of skills that FMCSA proposes to revise § 383.133 specifies the consequences of State
must be demonstrated in the skills tests. to require States to use the current noncompliance.
The new items include requirements edition of AAMVA’s ‘‘2005 CDL Test 1. Sections 384.105, Definitions;
relating to pre-trip vehicle inspections, System’’ that would be incorporated by 384.204, CDL Issuance and Information;
basic vehicle control, and safe on-road reference under proposed § 383.9 to 384.205, CDLIS Information; 384.207,
driving skills. develop, administer, and score the Notification of Licensing; 384.208,
knowledge and skills tests for each Notification of Disqualification;
18. Sections 383.115, Requirements for
vehicle group and endorsements. 384.209, Notification of Traffic
Double/Triple Trailers Endorsement, FMCSA also proposes to add language
383.117, Requirements for Passenger Violations; 384.210, Limitations on
to § 383.133 to specify in what form the Licensing; 384.212, Domicile
Endorsement, 383.119, Requirements for knowledge test may be administered.
Tank Vehicle Endorsement, 383.121, Requirement; Section 384.214,
These changes would incorporate the Reciprocity; 384.220, Problem Driver
Requirements for Hazardous Materials current guidance on the testing methods
Endorsement, and 383.123, Pointer System Information; 384.225,
to be used by States. Record of Violation; 384.226,
Requirements for a School Bus
Endorsement 22. Section 383.135, Passing knowledge Prohibition on Masking Convictions;
and Skills Tests 384.231, Satisfaction of State
FMCSA proposes to amend Disqualification Requirement; and
§§ 383.115–383.123 to add general FMCSA proposes to change the title of 384.405, Decertification of State CDL
operating practices and procedures to § 383.135 to better reflect the content of Program
the list of topics applicants must know the proposed revisions to the section.
for each of these endorsements. This The revisions would include a These sections would be amended to
new category covers questions in the clarification as to what restrictions must apply the requirements for State
tests that do not fit into the other be placed on a CLP or CDL when an issuance of CDLs to the issuance of
categories, but address important safety applicant fails the air brake and/or CLPs as well. In addition, § 384.220
issues. In addition, § 383.123(a)(1) combination vehicle knowledge tests or would be revised to refer to the Problem
would be amended to clarify that performs the skills tests in a vehicle that Driver Pointer System instead of the
applicants for a school bus endorsement is not equipped with full air brakes, air National Driver Register.
must also obtain a passenger vehicle over hydraulic brakes, manual
2. Section 384.206, State Record Checks
transmission, and/or in a combination
endorsement, that is, both a ‘‘P’’ and an

‘‘S’’ endorsement to qualify to operate a vehicle without a fifth wheel trailer This section would be revised to
school bus. connection. The revision also proposes apply the requirements for State
to clarify that an applicant does not issuance of CDLs to the issuance of
19. Appendix to Subpart G have to take the complete set of skills CLPs as well. The proposal would also
FMCSA proposes to remove the tests to remove one or more of the add specific required actions that States
appendix to subpart G of part 383. It restrictions. It is also proposed that the must take as a result of receiving
adverse information about an applicant would also be required to maintain matter warranting classification as
or CLP/CDL holder. records of the training and certification acute.
of the examiners and the results of the
3. Section 384.211, Surrender of Old V. Regulatory Analyses and Notices
criminal background checks. The State
Licenses
would be required to rescind the Executive Order 12866 (Regulatory
This section would be revised to examiner’s certification if he/she does Planning and Review) and DOT
specify that previously issued licenses, not successfully complete the refresher Regulatory Policies and Procedures
including a CLP or non-CDL, must be training or fails the annual criminal FMCSA has determined that this
surrendered not only when a CDL is background check. action is a significant regulatory action
initially issued, but also when a CDL is
7. Section 384.229, Skills Test Examiner within the meaning of Executive Order
upgraded or transferred.
Auditing and Monitoring (E.O.) 12866, as amended by E.O. 13258
4. Section 384.217, Drug Offenses and E.O. 13422, and the meaning of
Section 384.229 would be added to Department of Transportation regulatory
Section 384.217 would be revised to require States to audit and monitor both
add commission of certain felonies policies and procedures because of
State and third party examiners who public and Congressional interest in
committed by CDL holders in non- work for third party testers to ensure
CMVs to the list of offenses for which CMV licensing issues. However, we
that the CDL program is working as expect the costs of the proposed rule to
the States must disqualify persons from intended. States would be required to
operating CMVs. This change corrects be fairly low. The Agency has prepared
conduct unannounced annual on-site a preliminary regulatory analysis
an omission in the current regulations. inspections of third party tester and
Current § 384.217 fails to require the analyzing the costs and benefits of this
examiner records to compare the results undertaking, summarized below. A copy
State to enforce § 383.51(b) for offenses of the tests of applicants who receive
in both CMVs and non-CMVs. of the complete preliminary analysis
CDLs with the scoring sheets for the document is included in the docket
5. Section 384.227, Record of Digital tests. States would also be required to referenced at the beginning of this
Image or Photograph conduct both covert and overt notice.
Section 384.227 would be added to monitoring of both State and third party Many of the provisions of this rule
require States to include a digitized skills test examiners. The State would would not impose significant costs on
color photograph in the driver history have to establish and maintain the States or industry either because
records and to review the photograph databases that contain information on most States are already complying with
when replacement licenses are issued. each examiner, information on the tests the proposed requirements or because
This requirement would prevent a administered by each examiner, and the other regulations have already brought
different individual from obtaining a results of audits and monitoring, the States or industry into compliance
license by falsely claiming that a CDL including the pass/fail rates of with these rules (for instance, the
had been lost or stolen. individual examiners. This would minimum age requirement for CLPs
enable the State to identify examiners would not have any costs associated
6. Section 384.228, Examiner Training who have unusually high pass or failure with it because drivers under 18 are
and Record Checks rates. banned by current regulations from
Section 384.228 would be added to 8. Section 384.301, Substantial operating CMVs in commerce). Those
impose new training requirements and Compliance—General Requirements provisions estimated to be of minimal
background checks for examiners. This economic significance include:
section would apply to all examiners, Section 384.301 would be amended strengthening the legal presence
both those employed by the State and by adding a new paragraph (c). FMCSA requirements; Social Security number
those employed by third party testers. has always given the States 3 years after verification; surrender of CLP, CDL, and
The State would be required to establish the effective date of any new rule to non-CDL documents; maximum
initial and refresher training that meets come into substantial compliance with issuance and renewal periods for CLPs
or exceeds the requirements established new CDL requirements. This allows the and CDLs; establishing a minimum age
in this section. The established States time to pass any necessary new for a CLP; limiting endorsements on the
requirements for the examiner and legislation and modify State systems to CLP to passenger only; methods of
refresher training are based on the comply with the new requirements, administering the CDL test; new
December 2006 edition developed by including CDLIS. New paragraph (c) standardized endorsement and
AAMVA, titled ‘‘International Certified would specify the 3 year compliance restriction codes; motor carrier
Commercial Certification Program.’’ date for States. prohibitions; and incorporating
This program which supplements C. Proposed Changes to Part 385 regulatory guidance into text. Other
AAMVA’s ‘‘2005 CDL Test System,’’ provisions in this rule do have some
was developed by AAMVA in One of the purposes of part 385, cost implications, and include
cooperation with FMCSA. Therefore, a Safety Fitness Procedures, is to establish minimum standards for issuing a CLP;
test examiner certified under this the FMCSA’s procedures to determine checking for previous driving offenses
program who maintains the certification the safety fitness of motor carriers, to by a CLP holder; CDL testing
will meet these proposed training assign safety ratings, to direct motor requirements for out-of-State training
requirements. carriers to take remedial action when schools; State reciprocity for CLPs;
All examiners would have to required, and to prohibit motor carriers updating Federal knowledge and skills
successfully complete the CDL test receiving a safety rating of test standards; and incorporating certain
examiner training course and pass an ‘‘unsatisfactory’’ from operating a CMV. of the SAFE Port Act provisions.
examination before the State may certify FMCSA proposes to add § 383.37(a) as Of the proposed rule changes that
them to administer CDL tests. an acute violation in appendix B of part have potential cost implications, many
The State would also have to conduct 385. Allowing a driver to operate a CMV affect the States by requiring extra steps
initial and annual criminal background without a CLP or CDL, or without the in processing CLPs and CDLs. These
checks of all test examiners. The State appropriate endorsement, is a serious include recording CLPs on CDLIS and
making the CLP a tamper-proof additional day of initial training, and monitoring of skills test examiners.
document (under minimum uniform $560,000 for the continuing education These reviews typically take one day for
standards for issuing CLPs); checking requirement, which would be incurred both overt and covert monitoring. This
for previous driving offenses by CLP/ every 4th year after the year of analysis will assume that each State is
CDL holders (which would require an implementation. It is assumed that this currently conducting overt reviews/
additional PDPS record check); and training would facilitate the States’ audits of skills test examiners and overt
implementing section 703a of the SAFE adoption of the new knowledge and monitoring of skills test examiners as
Port Act. We estimate that these skills testing standards, and that, required by current regulations. Each
provisions, taken together, would add 5 therefore, no additional costs would be State would, therefore, have to add the
minutes to the amount of time it takes incurred for adoption of these covert monitoring piece to its oversight
a State to process a license document. standards. program, and covert reviews would take
In addition, an extra $1.40 per CLP In addition to improved training, this approximately half a day to conduct.
issued would be incurred to make the rule would require States to enhance
The Agency estimates that there are
CLP tamper-proof, and a $1 cost would monitoring of skills test examiners.
somewhere between 500 and 1,800
be incurred for each CLP placed on These measures would include an
skills test locations in the United States.
CDLIS that is not eventually converted annual review of each skills test
examiner location, and overt and covert Taking a rough midpoint between these
into a CDL. States are charged $1 for
monitoring of the skills test examiners two figures yields an estimated 1,200
each record on CDLIS. Since both CDLs
and CLPs count as a record, each CLP at each location, to protect against fraud skills testing sites. Halving this number
recorded on CDLIS that is not converted and ensure that examiners are to account for the half day covert review
to a CDL costs States an extra $1 per conducting the test properly. States are of each sight yields an estimated 600
year when compared to the status quo, currently required to conduct reviews of monitoring days each year. Assuming
in which States only have to record third party testers annually, and to each examiner works 250 days a year,
CDLs on CDLIS. Converting a CLP to a overtly monitor third party testers in an additional 2.4 full time equivalent
CDL does not result in an additional one of two ways. Some States monitor examiners would be required
record on CDLIS, so the CLP holders third party examiners by re-testing a nationwide to conduct monitoring of
who successfully convert to CDLIS portion of the drivers the third party skills testing sites. According to the
would be added to the system anyway tested, to ensure that those drivers have United States Bureau of Labor Statistics,
and would therefore not result in an the skills to pass the test. In other States, detectives and criminal investigators
extra cost to the States. Taking all of a State representative takes the CDL make an annual salary of $58,750. We
these costs together, the estimated cost skills test from examiners at each inflate this figure by 30 percent to
of these provisions is $1.76 million location as if the State employee were account for the value of non-monetary
annually. a driver taking the test. The intent of benefits earned by people in this
The SAFE Port Act provisions would both of these measures is to ensure that occupation, for a total annual
result in additional costs to the States. the skills test examiners at each third compensation of $76,375. The cost
These provisions would require the party testing organization are properly associated with the additional 2.4 full
States to enhance training programs for conducting tests. time equivalent examiners is $183,000.
CDL skills test examiners, and to Some States are already conducting This would be the annual cost of the
conduct additional oversight of these both covert and overt monitoring of enhanced monitoring of skills test
examiners to ensure that they are skills test examiners, but others provide examiners.
properly conducting skills tests and to much less oversight. However, all States
deter fraud. All States currently have should be conducting annual reviews of Table 1 below presents the total cost
training programs for skills test all third party testers and conducting of these provisions over 10 years. In
examiners, but these programs vary some monitoring of the examiners to addition to the cost of specific
widely. It is estimated that the ensure that they are conducting the test provisions contained in this rule,
requirements of this rule would result in properly, and to protect against fraud. FMCSA estimated $200,000 per State for
the need for States to add an additional This rule would require the States with the minor IT upgrades that may be
day to their current training program for less rigorous oversight to track the needed to comply with these
skills test examiners. In addition, there performance and record of all skills test requirements. These costs are presented
is a continuing or refresher training examiners, and invest in enhanced in the IT Upgrades row. Years 6–10
requirement incorporated into these enforcement, which may mean hiring or mimic years 2–5 with respect to cost,
provisions, and it is estimated that this re-designating a certain number of and are therefore lumped together in
continuing education requirement enforcement personnel to engage in one column. As can be seen, the total
would necessitate 16 hours of additional covert and overt monitoring of CDL cost of these provisions vary between
training for skills test examiners every 4 examiners. $1.9 and $12 million per year. The
years. The cost of these training The Agency has personnel who also estimated 10 year cost of this rule would
requirements is $280,000 for the conduct reviews and overt and covert be approximately $26 million.
TABLE 1.—COSTS OF RULE

Year 1 Year 2 Year 3 Year 4 Year 5 Years 6–10 Total
CDL Processing ........... $1,759,850 $1,759,850 $1,759,850 $1,759,850 $1,759,850 $8,799,250 $17,598,500
Skills Test Training ...... 280,000 0 0 0 560,000 560,000 1,400,000

Covert Monitoring ......... 183,300 183,300 183,300 183,300 183,300 916,500 1,833,000
IT Upgrades ................. 10,200,000 0 0 0 0 0 10,200,000
Total ...................... 12,423,150 1,943,150 1,943,150 1,943,150 2,503,150 10,275,750 31,031,500
TABLE 1.—COSTS OF RULE—Continued

Year 1 Year 2 Year 3 Year 4 Year 5 Years 6–10 Total
Total, 7 percent
discount ............. 12,423,150 1,816,028 1,697,222 1,586,189 1,909,641 6,404,139 25,836,370
Two other provisions of this rule have from the State in which they are trained home State to convert the temporary
cost implications. CLP reciprocity and (in addition to, or to replace, the driver’s CDL into a CDL from their home State.
CDL testing requirements for out-of- license from their State of domicile). While the average cost of a regular CDL
State driver training school students They can either return to their home is known, FMCSA has no information
would serve to reduce costs compared State to be tested (and they must find a on what States might charge for issuing
to current practices. Two alternatives to vehicle to be tested in); or, they can be a temporary out-of-State CDL. It will be
the status quo were considered by the skills tested in the State of training (in assumed here that the cost of the
Agency. Both alternatives require State which case the training school will temporary CDL is the same as the cost
reciprocity in recognizing CLPs issued usually provide a vehicle for the skills of a CLP, as both are temporary
by other States. One alternative would test). documents. Given this assumption, the
then allow the State in which training CDL costs, on average, $45.15, cost to the driver of this alternative
and testing occurs to issue a temporary although the fees States charge for a would be $78.91, consisting of the cost
CDL to out-of-State students who pass driver’s license vary widely. The costs of a CLP, a temporary CDL, and a
that State’s skills test. These students of the alternatives being considered here permanent CDL in the driver’s State of
would then return to their State of will, therefore, vary widely depending domicile. The driver would not have to
domicile and convert the temporary on the State where drivers train and obtain a new base license from the
CDL into a CDL. The other alternative their State of domicile. This analysis training State because, due to CLP
would require States to recognize the will use national average figures to reciprocity, the driver would be able to
results of skills tests conducted in any estimate the costs of the rule for the use his current driver’s license from his
other State. Under this alternative, the ‘‘average’’ driver. The average cost of a State of domicile to train in another
driver would train and test in another CLP is $16.88, and $22.10 for a driver’s State.
State, and then his or her State of license. For the purposes of this The final alternative would be to
domicile would issue a permanent CDL analysis, it will be assumed that all require States of domicile to accept
based on the other State’s skills test applicants for a learner’s permit already skills test results from a training facility
results. The baseline scenario will be have a driver’s license from their State in another State. Under this scenario,
referred to as Alternative 1, the of domicile. The total cost of Alternative the driver would incur the cost of one
temporary CDL scenario will be referred 1, which requires drivers to obtain both CLP, issued by his or her State of
to as Alternative 2, and the skills test a new driver’s license in the training domicile, and one CDL, also issued by
scenario will be referred to as State ($22.10), a CLP in the training the State of domicile. The total cost to
Alternative 3. State ($16.88), a CDL in the training the driver of this alternative would
For those who go out of their State of State ($45.15), and a CDL transfer to therefore be $62.03. This alternative
domicile to train, the options differ their State of domicile ($45.15), will obviously minimizes costs for driver
regarding the number of licenses (and average $129.28 per out-of-State trainee. trainees. The driver-related costs of the
hence fees) that trainees must obtain. For Alternative 2, driver trainees must three alternatives are summarized in
Currently, drivers who go out of State get a CLP from their State of domicile, Table 2 below. As can be seen,
to train do so in violation of the attend training and be tested out of Alternative 2 cuts the fees associated
domicile requirement. Those drivers State, be issued an out-of-State with getting a CDL by more than 50
must obtain a driver’s license and a CLP temporary CDL, and return to their percent for out-of-State driver trainees.
TABLE 2.—COST PER DRIVER OF OUT-OF-STATE TRAINING ALTERNATIVES

Status quo (with Alternative 2
Alternative 1
out-of-State (skills test score
(temporary CDL)
training) acceptance)
Driver’s License Costs ..................................................................................................... $22.10 N/A N/A

Learner’s Permit Costs .................................................................................................... 16.88 $16.88 $16.88
CDL Costs ....................................................................................................................... 90.30 62.03 45.15
Total Cost to Driver .................................................................................................. 129.28 78.91 62.03
Table 3 below presents the total cost training in other States, and the Drivers must apply in person for a CDL,
savings of Alternatives 2 and 3 in licensing cost implications. Related to CLP, or to transfer a CDL from one State
comparison to Alternative 1. These cost the licensing costs described for these to another. Since each of the alternatives
figures are based on an estimated three Alternatives are costs to CDL described here differs in the number of
610,000 CLPs issued per year. It is applicants for obtaining a license. CDL licenses or permits the driver must
assumed that approximately 20 percent applicants must pay licensing fees, but obtain, they vary in respect to the
of CDL trainees currently attend out-of- also lose time at a State driver licensing amount of time drivers must spend at
State training schools, so the total cost agency (SDLA) office every time they SDLA offices. All of the alternatives are
is based on 122,000 out-of-State drivers must obtain a new license or permit. equivalent to one another for drivers
who train in his/her State of domicile. We assume that each license this cost is 4 × $18.68 = $74.72.
Only drivers who train out of State are transaction will take approximately 30 Alternative 2 has a per trainee cost of
affected. For these drivers, Alternative 1 minutes of time, and that a trip to the $56.04. Alternative 3 has a per trainee
(the status quo) requires 4 license SDLA will take, on average, 30 minutes cost of $37.36. Given the estimated
transactions (regular operator’s license round trip (15 minutes each way), for a 475,000 licenses issued per year and the
from the training State, CLP from the total of an hour per licensing assumption that 20 percent of trainees
training State, CDL from the training transaction. We value this time at the go out-of-State for driver training, we
State, and a license transfer back to the average wage for production apply the costs for each alternative to
State of domicile); Alternative 2 requires (manufacturing) workers, which is 122,000 drivers-in-training. Table 3
3 licensing transactions (CLP from State $14.37. We inflate this figure by 30 summarizes these costs. The final row of
of domicile, temporary CDL from percent to account for the value of
this table, cost savings over baseline,
training State, and permanent CDL from benefits to $18.68. The cost for each
provides the estimated benefits of
State of domicile); and Alternative 3 Alternative can then be calculated by
requires 2 licensing transactions (CLP multiplying the number of licensing accommodating out-of-State training
from State of domicile, and CDL from transactions by the hourly under both alternatives to the current
State of domicile). compensation rate. For Alternative 1, situation.
TABLE 3.—TOTAL COST SAVINGS FOR ALTERNATIVES

Alternative 1 Alternative 2 Alternative 3
Number of licensing transactions .................................................................................... 4 3 2

Total Licensing fees (122,000 drivers) ............................................................................ $15,772,160 $9,627,020 $7,567,660
Lost time cost .................................................................................................................. 9,115,840 6,836,880 4,557,920
Total .......................................................................................................................... 24,888,000 16,463,900 12,125,580
Cost Savings over baseline ...................................................................................... NA 8,424,100 12,762,420
Table 4 below presents a comparison Alternative 1, the baseline scenario, are cost savings that accrue to drivers due
of the benefits and costs of this rule over not presented because they are to accommodating out-of-State training.
10 years, including the costs discussed analogous to the costs as presented in As can be seen, both alternatives have
above for CDL processing, skills test Table 1. The annual benefits presented positive net benefits. This NPRM
examiner training, etc. Costs for for Alternatives 2 and 3 are the annual proposes to adopt Alternative 3.
TABLE 4.—COMPARISON OF TOTAL BENEFITS AND COSTS

Alternative 2 Alternative 3
10 Year Total Cost, from Table 1 (7 percent discount) .................................................................................. $25,836,370 $25,836,370
Total Benefit ..................................................................................................................................................... 63,309,068 95,912,550
Net Benefit ................................................................................................................................................ 37,472,698 70,076,180
Safety Benefits It is reasonable to argue that drivers estimated at $6.5 million in the most
who cannot develop the skills necessary expensive years (those in which
Most of the provisions of the NPRM to pass either the skills or knowledge continuing education is required of
are intended to have positive safety test would pose an increased safety risk. skills test examiners), $5 million in the
benefits, including the minimum age Most States allow drivers multiple initial year, and $3.7 million in other
requirement for CLPs, requiring that the chances to pass both the knowledge and years. We have estimated the
general knowledge and P endorsement skills test, and with proper training, discounted safety benefits of this rule at
knowledge tests be passed prior to most drivers should be able to develop approximately $75 million over 10
issuing a CLP or P endorsement on a the skills necessary to pass. Those who years. Adding the $75 million in total 10
CLP, and the standardization of CDL cannot have demonstrated that they are year net benefits due to crash reduction
knowledge and skills testing. Although incapable of meeting a safe minimum to the estimated $70 million in 10 year
the new tests may be somewhat more standard for controlling their vehicle net benefits associated with improved
rigorous than the current versions being and, therefore, pose an increased risk to driver training opportunities, this rule
used by the States, it is unclear whether the public. has a potential 10 year net benefit of
the new test models would be so The average number of large CMV $145 million.
rigorous as to lower pass rates for crashes over the past 5 years for which
statistics are available is 420,000 per Regulatory Flexibility Act
applicants or significantly improve
year, rounded to the nearest 1,000. On In compliance with the Regulatory
driver safety. However, this rule should

average, a large truck crash is valued at Flexibility Act, as amended, (5 U.S.C.
improve detection and deterrence of
$91,112 per crash (including property- 601–612), FMCSA has considered the
fraud, and significant safety benefits
damage-only crashes). A non fatal injury effects of this proposed regulatory
may result from preventing unqualified crash has an estimated cost of $195,258, action on small entities and determined
drivers from fraudulently obtaining and a fatal crash has an estimated cost that this proposed rule would not have
CDLs. of $3,604,518. The costs of this rule are a significant impact on a substantial
number of small entities, as defined by primary income from skills testing. they attend training. These benefits have
the U.S. Small Business Based on Census Bureau data, we been estimated at approximately $6.6
Administration’s Office of Size estimate that trucking firms have an million per year for Alternative 2, and
Standards. This rulemaking proposal annual average profit margin of $10 million per year for Alternative 3.
would primarily affect drivers rather $149,000 per year. The industry as a These benefits outweigh the costs to the
than motor carriers, and most of the whole has approximately $15 to $19 States. The reduction in the number of
provisions apply primarily to new billion in annual profits. The Agency license transactions a driver must
drivers rather than drivers who have believes that each skills test examiner complete reduces the number of license
CDLs. The exception would be drivers organization would have between 1 and transactions States must process.
who have a class B or C CDL and are 2 skills testers. This rule would,
therefore, cost these entities a maximum It has been assumed in this analysis
applying to move up to a Group A, or
of 600 entities × 1.5 skills test examiners that the price of each license transaction
drivers seeking specialized
× $100 = $90,000 per year. Given these represents the cost to the State for
endorsements which require a skills
costs, the Agency does not believe that processing that transaction. However, in
test, such as a P endorsement. Since this
rule applies to drivers rather than motor this rule has a significant impact on a some States this may not be the case—
carriers, owner-operator motor carriers substantial number of small businesses. their license fees are set by the State
would be the only small entities directly legislature, and may be below or above
Unfunded Mandates Reform Act of 1995 the processing costs incurred. For States
affected by this rule. We estimate that
there are roughly 300,000 owner- This rulemaking would not impose an in which the licensing fee charged is
operators currently operating in the unfunded Federal mandate, as defined above the cost of processing the license,
United States. The drivers of these by the Unfunded Mandates Reform Act a reduction in the number of processed
vehicles may be affected by these of 1995 (2 U.S.C. 1532, et seq.), that licenses may negatively impact State
regulations if they want to change would result in the expenditure by revenues. Those States for which the fee
classes or gain new endorsements on State, local, and tribal governments, in is below processing costs would
their CDL. For the most part, this the aggregate, or by the private sector, of experience a net reduction in operating
proposal has a positive impact on CDL $128 million or more in any 1 year.5 costs that exceeds this loss in revenue.
drivers or driver-applicants because it The Unfunded Mandates Reform Act On average, the reduction in licensing
facilitates the ability of these drivers to requires new Federal regulations to be fees collected would average slightly
obtain the lowest cost or most accompanied by an analysis of their less than $120,000 per year per State for
fiscal impacts on State, local, and tribal Alternative 2, and $161,000 per year per
convenient training for their CDL, CDL
governments and on private industry. State for Alternative 3. Given the
upgrade, or endorsement skills test.
Although the attached regulatory modest cost of this rule, the Agency
The other type of entity affected by evaluation provides much of this
this rule would be third party skills test finds that it would not have a significant
information, it will be summarized here, impact on the States or local
examiners. These examiners would with an emphasis on effects on State
undergo periodic covert monitoring, but governments, as defined by an annual
and local governments, since this
assuming they are administering the cost of $128 million in any one year.
proposed rule does not have any major
skills test properly, this monitoring effects on private industry. Many of the Executive Order 12988 (Civil Justice
would be at no cost to them. In addition, provisions in this proposed rule would Reform)
the employees who conduct skills impact the States, but the size of this
testing may have to participate in impact would be relatively small. The This proposed action would meet
additional training in order to remain total annual cost of the rule is estimated applicable standards in sections 3(a)
eligible to conduct skills test at between $1.96 million and $12 and 3(b)(2) of Executive Order 12988,
examinations. The Agency estimates million per year. These costs would Civil Justice Reform, to minimize
that there are approximately 1,200 third primarily be imposed upon the States, litigation, eliminate ambiguity, and
party skills testing organizations who would bear the cost of processing reduce burden.
currently in operation in the United driver’s licenses, training and
States. Information on these monitoring skills test examiners, and Executive Order 13045 (Protection of
organizations is difficult to obtain, but making any changes to computer Children)
some are affiliated with larger motor systems required to implement these FMCSA has analyzed this proposed
carriers. Others would qualify as small changes. action under Executive Order 13045,
businesses, but the Agency is currently The quantified benefits of this rule are
unsure of how many might fall into the Protection of Children from
the reduced cost to driver-applicants
small business category. We estimate Environmental Health Risks and Safety
that would be realized by implementing
that half, or 600, skills testing either of the two alternatives for Risks. We have determined
organizations are small businesses. accommodating out-of-State driver preliminarily that this rulemaking
These organizations would have to bear training. These benefits would accrue would not concern an environmental
the cost of enhanced training of the primarily to driver-applicants who risk to health or safety that may
examiners they employ. These costs choose to obtain driver training in a disproportionately affect children.
were estimated in the Regulatory Impact State other than their State of domicile. Executive Order 12630 (Taking of
Analysis at $200 per examiner per day Streamlining the out-of-State training Private Property)
of training, at an average of one-half day process would enable these drivers to
of training every year. The cost to these avoid the licensing fees associated with This proposed rulemaking would not
entities would, therefore, be obtaining a license in the State in which effect a taking of private property or
approximately $100 per year per skills otherwise have taking implications
test examiner employed. Most skills 5 The unfunded mandate threshold was
under Executive Order 12630,
testers are trucking firms, educational established in 1995 at $100 million in costs to State Governmental Actions and Interference
or local governments, or private industry, in any
organizations, or municipal one year. This figure has been adjusted using the with Constitutionally Protected Property
organizations that do not derive their Consumer Price Index to 2005 dollars. Rights.
Executive Order 13132 (Federalism) the States have identified CDL program Federal agencies must obtain approval
FMCSA has analyzed this proposed deficiencies that need to be addressed. from the Office of Management and
rule in accordance with the principles The Department’s Office of Inspector Budget (OMB) for each collection of
and criteria of Executive Order 13132, General has focused attention on information they conduct, sponsor, or
‘‘Federalism,’’ and has determined that measures to prevent licensing fraud. require through regulations. This
it does not have federalism Measures to address these issues, and rulemaking would affect a currently-
implications. others included in this NPRM, would approved information collection
The Federalism Order applies to improve the effectiveness of the CDL covered by the OMB Control No. 2126–
‘‘policies that have federalism program, but would also require 0011 titled, ‘‘Commercial Driver
implications,’’ which it defines as participating States to change their Licensing and Testing Standards.’’ This
regulations and other actions that have programs in a variety of ways. In information collection has an annual
‘‘substantial direct effects on the States, recognition of this fact, the Agency has burden of 1,391,456 hours, and will
on the relationship between the national notified the National Governor’s expire on February 28, 2011.
government and the States, or on the Association (NGA) of these proposed
regulatory changes by letter to ensure This NPRM would update and
distribution of power and provide more uniform procedures for
responsibilities among the various that State and local governments will be
able to raise Federalism issues during ensuring that the applicant has the
levels of government.’’ Sec. 1(a). The appropriate knowledge and skills to
key concept here is ‘‘substantial direct the comment period for the NPRM.
operate a commercial motor vehicle. It
effects on the States.’’ Sec. 3(b) of the Privacy Impact Assessment would also establish the minimum
Federalism Order provides that Section 522 of the FY 2005 Omnibus information that must be on the CLP
‘‘[n]ational action limiting the Appropriations Act, enacted December document and the electronic driver’s
policymaking discretion of the States 8, 2004, (Note to 5 U.S.C. 552a) requires record in CDLIS, make it a tamperproof
shall be taken only where there is the Agency to conduct a privacy impact document, and establish maximum
constitutional and statutory authority assessment (PIA) of a regulation that issuance and renewal periods for the
for the action and the national activity will affect the privacy of individuals. CLP and CDL. The FMCSA believes this
is appropriate in light of the presence of This rulemaking would require new proposal would result in a significant
a problem of national significance.’’ minimum Federal standards for States increase in the annual burden hours for
The proposed rule would amend the to issue commercial learner’s permits this information collection. The major
commercial driver’s license (CDL) (CLPs) as a pre-condition for a increase in annual burden hours will
program authorized by the Commercial commercial driver’s license (CDL). It probably result from the
Motor Vehicle Safety Act of 1986 (49 would require that an applicant for a implementation of the new CLP
U.S.C. chapter 313). States have been CLP must first pass a knowledge test requirements.
issuing CDLs in accordance with which complies with prescribed
Federal standards for well over a National Environmental Policy Act
minimum standards and may have only
decade. The CDL program does not have one CLP at a time; and that the data on
preemptive effect. It is voluntary; States The agency analyzed this proposed
each CLP holder must be added to the rulemaking for the purpose of the
may withdraw at any time, although driver’s record in the Commercial Driver
doing so would result in the loss of National Environmental Policy Act of
License Information System (CDLIS). 1969 (NEPA) (42 U.S.C. 4321 et seq.)
certain Federal-aid highway funds Therefore, the information will be held
pursuant to 49 U.S.C. 31314. Because and determined under our
to the same level of security as CDLIS. environmental procedures Order 5610.1,
this rule would make only small, though Although each State would be
numerous, incremental changes to the published March 1, 2004 in the Federal
required to create a CDLIS record for Register (69 FR 9680), that this action is
requirements already imposed on each CLP it issues, the Privacy Act
participating States, FMCSA has categorically excluded (CE) under
applies only to Federal agencies and any Paragraph 4.s of the Order from further
determined that it would not have non-Federal agency which receives
substantial direct effects on the States, environmental documentation. That CE
records contained in a system of records relates to establishing regulations and
on the relationship between the Federal from a Federal agency for use in a
and State governments, or on the actions taken pursuant to these
matching program. The Commercial regulations concerning requirements for
distribution of power and Driver License Information System
responsibilities among the various drivers to have a single commercial
(CDLIS) records, however, are not motor vehicle driver’s license. In
levels of government. transferred from FMCSA to the States;
Nonetheless, FMCSA recognizes that addition, the agency believes that the
they are created and maintained by the action includes no extraordinary
this rule would have an impact on the States. FMCSA has determined this
States and their commercial driver circumstances that would have any
proposed rule would not result in a new effect on the quality of the environment.
licensing operations. Most significantly, or revised Privacy Act System of
it will require all participating States to Thus, the action does not require an
Records for FMCSA. environmental assessment or an
implement a commercial learner’s
permit (CLP) and prohibit the issuance Executive Order 12372 environmental impact statement.
of a CDL unless the applicant has first (Intergovernmental Review) We have also analyzed this rule under
obtained a CLP and held it for a The regulations implementing the Clean Air Act, as amended (CAA),
minimum of 30 days. The Agency hopes Executive Order 12372 regarding section 176(c) (42 U.S.C. 7401 et seq.),
drivers will use this interval to obtain and implementing regulations
intergovernmental consultation on
formal training. States will also be Federal programs and activities do not promulgated by the Environmental
required to use the American apply to this program. Protection Agency. Approval of this
Association of Motor Vehicle action is exempt from the CAA’s
Administrators’ ‘‘2005 CDL Test Paperwork Reduction Act General conformity requirement since it
System’’ to administer knowledge and Under the Paperwork Reduction Act since it involves rulemaking and policy
skills tests. Over the years, FMCSA and of 1995 (PRA) (44 U.S.C. 3501 et seq.), development and issuance.
Executive Order 13211 (Energy Effects) accordance with the standards to permit the individual to operate
We have analyzed this proposed contained in this part, which authorizes certain types of commercial motor
action under Executive Order 13211, the individual to operate a class of a vehicles.
Actions Concerning Regulations That commercial motor vehicle. * * * * *
Significantly Affect Energy Supply, * * * * * Imminent hazard means the existence
Distribution or Use. We have Commercial learner’s permit (CLP) of a condition relating to hazardous
determined preliminarily that it would means a permit issued to an individual material that presents a substantial
not be a ‘‘significant energy action’’ by a State or other jurisdiction, in likelihood that death, serious illness,
under that Executive Order because it accordance with the standards severe personal injury, or a substantial
would not be economically significant contained in this part, that, when endangerment to health, property, or the
and would not be likely to have a carried with a valid driver’s license environment may occur before the
significant adverse effect on the supply, issued by the same State or jurisdiction, reasonably foreseeable completion date
distribution, or use of energy. authorizes the individual to operate a of a formal proceeding begun to lessen
class of a commercial motor vehicle, the risk of that death, illness, injury, or
List of Subjects when accompanied by a holder of a endangerment.
49 CFR Part 383 valid CDL, for purposes of behind-the- * * * * *
wheel training. When issued to a CDL Nonresident CLP or Nonresident CDL
Administrative practice and holder, a CLP serves as authorization for
procedure, Alcohol abuse, Drug abuse, means a CLP or CDL, respectively,
accompanied behind-the-wheel training issued by a State under either of the
Highway safety, Motor carriers. in a CMV for which the holder’s current following two conditions:
49 CFR Part 384 CDL is not valid. (1) To an individual domiciled in a
Commercial motor vehicle (CMV) foreign country meeting the
Administrative practice and
means a motor vehicle or combination requirements of § 383.23(b)(1).
procedure, Alcohol abuse, Drug abuse,
of motor vehicles used in commerce to (2) To an individual domiciled in
Highway safety, Motor carriers.
transport passengers or property if the another State meeting the requirements
49 CFR Part 385 motor vehicle— of § 383.23(b)(2).
Highway safety, Highways and roads, (1) Has a gross combination weight * * * * *
Motor carriers, Motor vehicle safety, rating or gross combination weight of Tank vehicle means any commercial
Safety fitness procedures. 11,794 kilograms or more (26,001 motor vehicle that is designed to
pounds or more), whichever is greater, transport any liquid or gaseous
For the reasons explained in the
inclusive of a towed unit(s) with a gross materials within a tank having an
preamble, FMCSA proposes to amend
vehicle weight rating or gross vehicle aggregate rated capacity of 1,000 gallons
parts 383, 384, and 385 of title 49 of the
weight of more than 4,536 kilograms or more that is either permanently or
Code of Federal Regulations as set forth
(10,000 pounds), whichever is greater; temporarily attached to the vehicle or
below:
or the chassis. A commercial motor vehicle
PART 383—COMMERCIAL DRIVER’S (2) Has a gross vehicle weight rating transporting an empty storage container
LICENSE STANDARDS; or gross vehicle weight of 11,794 or tank, not designed for transportation,
REQUIREMENTS AND PENALTIES more kilograms (26,001 pounds or with a rated capacity of 1,000 gallons or
more), whichever is greater; or more that is temporarily attached to a
1. The authority citation for part 383 (3) Is designed to transport 16 or more flatbed trailer is not considered a tank
continues to read as follows: passengers, including the driver; or vehicle.
Authority: 49 U.S.C. 521, 31136, 31301 et (4) Is of any size and is used in the Third party skills test examiner means
seq., 31502; sec. 214 of Pub. L. 106–159, 113 transportation of hazardous materials as a person employed by a third party
Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107– defined in this section. tester who is authorized by the State to
56, 115 Stat. 397; sec. 4140 of Pub. L. 109– * * * * * administer the CDL skills tests specified
59, 119 Stat. 1144; and 49 CFR 1.73. Disqualification means any of the in subparts G and H of this part.
2. Amend § 383.5 by removing the following three actions: Third party tester means a person
definition for serious traffic violation in (1) The suspension, revocation, or (including, but not limited to, another
its entirety; by revising the definitions cancellation of a CLP or CDL by the State, a motor carrier, a private driver
for commercial driver’s license, State or jurisdiction of issuance. training facility or other private
commercial motor vehicle, (2) Any withdrawal of a person’s institution, or a department, agency, or
disqualification, driver applicant, privileges to drive a CMV by a State or instrumentality of a local government)
endorsement, imminent hazard, other jurisdiction as the result of a authorized by the State to employ skills
nonresident CDL, tank vehicle, and violation of State or local law relating to test examiners to administer the CDL
United States; and adding new motor vehicle traffic control (other than skills tests specified in subparts G and
definitions for CDL driver, commercial parking, vehicle weight or vehicle defect H of this part.
learner’s permit, third party skills test violations). United States means the 50 States and
examiner, and third party tester to read (3) A determination by the FMCSA the District of Columbia.
as follows: that a person is not qualified to operate * * * * *
a commercial motor vehicle under part 3. Add § 383.9 to subpart A to read as
§ 383.5 Definitions. 391 of this subchapter. follows:
* * * * * Driver applicant means an individual
CDL driver means a person holding a who applies to a State to obtain, § 383.9 Matter incorporated by reference.
CDL or a person required to hold a CDL. transfer, upgrade, or renew a CDL or to (a) Incorporation by reference. This
* * * * * obtain or renew a CLP. part includes references to certain
Commercial driver’s license (CDL) * * * * * matter or materials. The text of the
means a license issued to an individual Endorsement means an authorization materials is not included in the
by a State or other jurisdiction, in to an individual’s CLP or CDL required regulations contained in this part. The
materials are hereby made a part of the standards contained in subpart J of this (2) The CLP holder holds a valid
regulations in this part. The Director of part, issued by his/her State or driver’s license issued by the same
the Office of the Federal Register has jurisdiction of domicile. jurisdiction.
approved the materials incorporated by (b) Exception. (1) If a CMV operator is (3) The CLP holder must have taken
reference in accordance with 5 U.S.C. not domiciled in a foreign jurisdiction and passed a general knowledge test
552(a) and 1 CFR part 51. For materials which the Administrator has that meets the Federal standards
subject to change, only the specific determined tests drivers and issues contained in subparts F, G, and H of this
version approved by the Director of the CDLs in accordance with, or under part for the commercial motor vehicle
Office of the Federal Register and standards similar to, the standards that person operates or expects to
specified in the regulation is contained in subparts F, G, and H of this operate.
incorporated. Material is incorporated part, the person may obtain a (4) The CLP holder must be 18 years
as it exists on the date of the approval Nonresident CLP or Nonresident CDL of age or older.
and a notice of any change in these from a State which does comply with (5) A CLP holder with a passenger (P)
materials will be published in the the testing and licensing standards endorsement must have taken and
Federal Register. passed the P endorsement knowledge
contained in such subparts F, G, and H
(b) Materials incorporated. The test. A CLP holder with a P endorsement
of this part.1
American Association of Motor Vehicle is prohibited from operating a CMV
(2) If an individual is domiciled in a carrying passengers. The P endorsement
Administrators’ (AAMVA’s) ‘‘2005 CDL State while that State is prohibited from
Test System,’’ incorporated by reference must be class specific. All other Federal
issuing CDLs in accordance with endorsements are prohibited on a CLP.
for subpart H of this part, includes the § 384.405 of this subchapter, that
following individual documents: (6) The CLP holder does not operate
individual is eligible to obtain a a commercial motor vehicle transporting
(1) ‘‘Model Commercial Driver Nonresident CLP or Nonresident CDL
License Manual’’; hazardous materials as defined in
from any State that elects to issue a § 383.5.
(2) ‘‘Model CDL Examiner’s Manual’’; Nonresident CDL and which complies
(3) ‘‘2005 Requirements Document (b) The CLP must be a separate
with the testing and licensing standards document from the CDL or non-CDL.
For Use In Developing Computer- contained in subparts F, G, and H of this (c) The CLP must be valid for no more
Generated Multiple-Choice CDL part. than 180 days from the date of issuance.
Knowledge Tests’’; and
(3) If an individual possesses a The State may renew the CLP for an
(4) ‘‘2005 Test Item Summary Forms’’
commercial learner’s permit (CLP), as additional 90 days without requiring the
for CDL General Knowledge, Air Brakes,
defined in § 383.5, the individual is CLP holder to retake the general and
Combination Vehicles, Doubles/Triples,
authorized to operate a class of CMV as endorsement knowledge tests.
Hazardous Materials, Passenger
provided by the CLP in accordance with (d) The issuance of a CLP is a
Transport, School Bus, and Tank
§ 383.25. precondition to the issuance or upgrade
Vehicle knowledge tests.
5. Add § 383.25 to read as follows: of a CDL. The CLP holder is not eligible
(c) Addresses. (1) All of the materials
to take the CDL skills test in the first 30
incorporated by reference except the § 383.25 Commercial learner’s permit days after initial issuance of the CLP.
‘‘2005 Test Item Summary Forms’’ are (CLP). 6. Revise § 383.37 to read as follows:
available for inspection at:
(i) The Department of Transportation (a) A CLP is considered a valid
§ 383.37 Employer responsibilities.
Library, 1200 New Jersey Avenue, SE., commercial driver’s license for purposes
of behind-the-wheel training on public No employer may knowingly allow,
Washington, DC 20590. These require, permit, or authorize a driver to
documents are also available for roads or highways, if all of the following
minimum conditions are met: operate a CMV in the United States in
inspection and copying as provided in any of the following circumstances:
49 CFR part 7. (1) The CLP holder is at all times
(a) During any period in which the
(ii) The Office of the Federal Register, accompanied by the holder of a valid
driver does not have a current CLP or
800 North Capitol Street, NW., Suite CDL who has the proper CDL group and
CDL or does not have a CLP or CDL with
700, Washington, DC. endorsement(s) necessary to operate the
the proper class or endorsements. An
(2) Information and copies of all of the CMV. The CDL holder must at all times
employer may not use a driver to
materials incorporated by reference be physically present in the front seat of
operate a CMV that violates any
except the ‘‘2005 Test Item Summary the vehicle next to the CLP holder, or
restriction on the driver’s CLP or CDL.
Forms’’ may be obtained by writing to: directly behind the driver in the case of (b) During any period in which the
American Association of Motor Vehicle a passenger vehicle, and must have the driver has a CLP or CDL suspended,
Administrators, Inc., 4301 Wilson Blvd., CLP holder under observation and revoked, or canceled by a State, has lost
Suite 400, Arlington, VA 22203. direct supervision. the right to operate a CMV in a State, or
4. Revise § 383.23 to read as follows: has been disqualified from operating a
1 Effective December 29, 1988, the Administrator
§ 383.23 Commercial driver’s license.
CMV.
determined that commercial driver’s licenses issued
by Canadian Provinces and Territories in
(c) During any period in which the
(a) General rule. (1) No person shall driver has more than one CDL.
conformity with the Canadian National Safety Code
operate a commercial motor vehicle are in accordance with the standards of this part. (d) During any period in which the
unless such person has taken and Effective November 21, 1991, the Administrator driver, or the CMV he or she is driving,
passed written and driving tests which determined that the new Licencias Federales de or the motor carrier operation, is subject
meet the Federal standards contained in Conductor issued by the United Mexican States are
in accordance with the standards of this part. to an out-of-service order.
subparts F, G, and H of this part for the
Therefore, under the single license provision of (e) In violation of a Federal, State, or
commercial motor vehicle that person § 383.21, a driver holding a commercial driver’s local law or regulation pertaining to
operates or expects to operate. license issued under the Canadian National Safety railroad-highway grade crossings.
(2) Except as provided in paragraph Code or a new Licencia Federal de Conductor
issued by Mexico is prohibited from obtaining
7. In § 383.51:
(b) of this section, no person may legally nonresident CDL, or any other type of driver’s A. Revise paragraph (a);
operate a CMV unless such person license, from a State or other jurisdiction in the B. Revise paragraph (b) introductory
possesses a CDL which meets the United States. text and the headings for Table 1;
C. Revise paragraph (c) introductory this section, if the holder drives a CMV through (b)(8) of this section (Table 1 to
text and the headings for Table 2; or non-CMV and is convicted of the § 383.51) after 10 years if that person
D. Revise paragraph (d) introductory violations listed in those paragraphs. has voluntarily entered and successfully
text and the headings for Table 3; and (4) Determining first and subsequent completed an appropriate rehabilitation
E. Revise paragraph (e) introductory violations. For purposes of determining program approved by the State. Any
text and the headings for Table 4 to read first and subsequent violations of the person who has been reinstated in
as follows: offenses specified in this subpart, each accordance with this provision and who
conviction for any offense listed in is subsequently convicted of a
§ 383.51 Disqualification of drivers. Tables 1 through 4 to this section disqualifying offense described in
(a) General. (1) A person required to resulting from a separate incident, paragraphs (b)(1) through (b)(8) of this
have a CLP or CDL who is disqualified whether committed in a CMV or non- section (Table 1 to § 383.51) must not be
must not drive a CMV. CMV, must be counted. reinstated.
(2) An employer must not knowingly (5) The disqualification period must (b) Disqualification for major offenses.
allow, require, permit, or authorize a be in addition to any other previous Table 1 to § 383.51 contains a list of the
driver who is disqualified to drive a periods of disqualification. offenses and periods for which a person
CMV. (6) Reinstatement after lifetime who is required to have a CLP or CDL
(3) A holder of a CLP or CDL is disqualification. A State may reinstate is disqualified, depending upon the type
subject to disqualification sanctions any driver disqualified for life for of vehicle the driver is operating at the
designated in paragraphs (b) and (c) of offenses described in paragraphs (b)(1) time of the violation, as follows:
TABLE 1 TO § 383.51
If a driver operates a For a first conviction For a first conviction For a first conviction For a second convic- For a second convic-
motor vehicle and is or refusal to be or refusal to be or refusal to be tion or refusal to be tion or refusal to be
convicted of: tested while oper- tested while oper- tested while oper- tested in a sepa- tested in a sepa-
ating a CMV, a per- ating a non-CMV, a ating a CMV trans- rate incident of any rate incident of any
son required to CLP or CDL holder porting hazardous combination of of- combination of of-
have a CLP or CDL must be disquali- materials required fenses in this Table fenses in this Table
and a CLP or CDL fied from operating to be placarded while operating a while operating a
holder must be dis- a CMV for . . . under the Haz- CMV, a person re- non-CMV, a CLP or
qualified from oper- ardous Materials quired to have a CDL holder must
ating a CMV for Regulations (49 CLP or CDL and a be disqualified from
. . . CFR part 172, sub- CLP or CDL holder operating a CMV
part F), a person must be disquali- for . . .
required to have a fied from operating
CLP or CDL and a a CMV for . . .
CLP or CDL holder
must be disquali-
fied from operating
a CMV for . . .
(c) Disqualification for serious traffic which a person who is required to have operating at the time of the violation, as
violations. Table 2 to § 383.51 contains a CLP or CDL is disqualified, depending follows:
a list of the offenses and the periods for upon the type of vehicle the driver is
TABLE 2 TO § 383.51
If the driver operates a For a second conviction of For a second conviction of For a third or subsequent For a third or subsequent
motor vehicle and is any combination of of- any combination of of- conviction of any com- conviction of any com-
convicted of: fenses in this Table in a fenses in this Table in a bination of offenses in bination of offenses in
separate incident within separate incident within this Table in a separate this Table in a separate
a 3-year period while a 3-year period while incident within a 3-year incident within a 3-year
operating a CMV, a per- operating a non-CMV, a period while operating a period while operating a
son required to have a CLP or CDL holder must CMV, a person required non-CMV, a CLP or
CLP or CDL and a CLP be disqualified from op- to have a CLP or CDL CDL holder must be dis-
or CDL holder must be erating a CMV for. . . and a CLP or CDL hold- qualified from operating
disqualified from oper- er must be disqualified a CMV for. . .
ating a CMV for . . . from operating a CMV
for. . .
* * * * * 3 to § 383.51 contains a list of the or CDL is disqualified, when the driver

(d) Disqualification for railroad- offenses and the periods for which a is operating a CMV at the time of the
highway grade crossing offenses. Table person who is required to have a CLP violation, as follows:
TABLE 3 TO § 383.51
If the driver is convicted of oper- For a first conviction a person re- For a second conviction of any For a third or subsequent convic-
ating a CMV in violation of a quired to have a CLP or CDL combination of offenses in this tion of any combination of of-
Federal, State or local law be- and a CLP or CDL holder must Table in a separate incident fenses in this Table in a sepa-
cause . . . be disqualified from operating a within a 3-year period, a person rate incident within a 3-year pe-
CMV for . . . required to have a CLP or CDL riod, a person required to have
and a CLP or CDL holder must a CLP or CDL and a CLP or
be disqualified from operating a CDL holder must be disqualified
CMV for . . . from operating a CMV for. . .
* * * * * contains a list of the offenses and disqualified when the driver is

(e) Disqualification for violating out- periods for which a person who is operating a CMV at the time of the
of-service orders. Table 4 to § 383.51 required to have a CLP or CDL is violation, as follows:
TABLE 4 TO § 383.51
If the driver operates a CMV and For a first conviction while oper- For a second conviction in a sep- For a third or subsequent convic-
is convicted of . . . ating a CMV, a person required arate incident within a 10-year tion in a separate incident with-
to have a CLP or CDL and a period while operating a CMV, in a 10-year period while oper-
CLP or CDL holder must be a person required to have a ating a CMV, a person required
disqualified from operating a CLP or CDL and a CLP or CDL to have a CLP or CDL and a
CMV for . . . holder must be disqualified from CLP or CDL holder must be
operating a CMV for . . . disqualified from operating a
CMV for . . .
* * * * * (7) The person must provide the certify that he/she is not subject to part
8. Revise § 383.71 to read as follows: names of all States where the applicant 391. A person who operates or expects
has been licensed to drive any type of to operate entirely in intrastate
§ 383.71 Driver application procedures.
motor vehicle during the previous 10 commerce and is not subject to part 391,
(a) Commercial Learner’s Permit. Prior years. is subject to State driver qualification
to obtaining a CLP, a person must meet (8) A person seeking a passenger (P) requirements and must certify that he/
all of the following requirements: endorsement must have taken and she is not subject to part 391.
(1) The person must be 18 years of age
passed the endorsement knowledge test. (2) The person must pass a driving or
or older and provide proof of his/her
(9) A person who operates or expects skills test in accordance with the
age.
(2) The person must have taken and to operate in interstate commerce, or is standards contained in subparts F, G,
passed a general knowledge test that otherwise subject to part 391 of this and H of this part taken in a motor
meets the Federal standards contained subchapter, must certify that he/she vehicle which is representative of the
in subparts F, G, and H of this part for meets the qualification requirements type of motor vehicle the person
the commercial motor vehicle group contained in part 391 of this subchapter. operates or expects to operate; or
that person operates or expects to A person who operates or expects to provide evidence that he/she has
operate. operate in interstate commerce, but is successfully passed a driving test
(3) The person must certify that he/ not subject to part 391 due to an administered by an authorized third
she is not subject to any disqualification exception under § 390.3(f) or an party.
under § 383.51, or any license exemption under § 391.2, must certify (3) The person must certify that the
suspension, revocation, or cancellation that he/she is not subject to part 391. A motor vehicle in which the person takes
under State law, and that he/she does person who operates or expects to the driving skills test is representative of
not have a driver’s license from more operate entirely in intrastate commerce the type of motor vehicle that person
than one State or jurisdiction. and is not subject to part 391, is subject operates or expects to operate.
(4) The person must provide to the to State driver qualification
(4) The person must provide the State
State of issuance the information requirements and must certify that he/
the information required to be included
required to be included on the CLP as she is not subject to part 391.
on the CDL as specified in subpart J of
specified in subpart J of this part. (b) Initial Commercial Driver’s
this part.
(5) The person must provide to the License. Prior to obtaining a CDL, a
person must meet all of the following (5) The person must certify that he/
State proof of citizenship or
requirements: she is not subject to any disqualification
immigration status as specified in Table
(1) A person who operates or expects under § 383.51, or any license
1 of this section or obtain a non-resident
to operate in interstate or foreign suspension, revocation, or cancellation
CLP as specified in paragraph (f) of this
commerce, or is otherwise subject to under State law, and that he/she does
section.
(6) The person must provide proof part 391 of this subchapter, must certify not have a driver’s license from more
that the State to which application is that he/she meets the qualification than one State or jurisdiction.
made is his or her State of domicile, as requirements contained in part 391 of (6) The person must surrender his/her
the term is defined in § 383.5. this subchapter. A person who operates non-CDL driver’s licenses and CLP to
Acceptable proof of domicile is a or expects to operate in interstate the State.
document with the person’s name and commerce, but is not subject to part 391 (7) The person must provide the
residential address within the State, due to an exception under § 390.3(f) or names of all States where the applicant
such as a government issued tax form. an exemption under § 391.2, must has previously been licensed to drive
any type of motor vehicle during the permanent resident of the United States (9) The person must provide proof of
previous 10 years. requesting a hazardous materials citizenship or immigration status as
(8) If the person is applying for a endorsement must additionally provide specified in Table 1 of this section, or
hazardous materials endorsement, he/ his or her Bureau of Citizenship and be registered under paragraph (f) of this
she must comply with Transportation Immigration services (BCIS) Alien section.
Security Administration requirements registration number.
codified in 49 CFR part 1572. A lawful
TABLE 1 TO § 383.71.—LIST OF ACCEPTABLE PROOFS OF CITIZENSHIP OR IMMIGRATION

Status Proof of status
U.S. Citizen .......................... • U.S. Passport.

• Certificate of birth that bears an official seal and was issued by a State, county, municipal authority, or outlying
possession of the United States.
• Certification of Birth abroad issued by the U.S. Department of State (Form FS–545 or DS 1350).
• Certificate of Naturalization (Form N–550 or N–570).
• Certificate of U.S. Citizenship (Form N–560 or N–561).
Lawful Permanent Resident • Permanent Resident Card, Alien Registration Receipt Card (Form I–551).
• Temporary I–551 stamp in foreign passport.
• Temporary I–551 stamp on Form I–94, Arrival/Departure Record, with photograph of the bearer.
• Reentry Permit (Form I–327).
(10) The person must provide proof (d) License renewal. When applying (3) To obtain a hazardous materials
that the State to which application is for a renewal of a CDL, all applicants endorsement, comply with the
made is his or her State of domicile, as must: requirements specified in paragraph
the term is defined in § 383.5. (1) Provide to the State certifications (b)(8) of this section; and
Acceptable proof of domicile is a contained in paragraph (b) of this (4) Surrender the previous CDL.
document with the person’s name and section; (f) Nonresident CDL. (1) A person
residential address within the State, (2) Provide to the State updated must obtain a Nonresident CDL:
such as a government issued tax form. information as specified in subpart J of (i) If the applicant is domiciled in a
(c) License transfer. When applying to this part; and foreign jurisdiction, as defined in
transfer a CDL from one State of (3) If a person wishes to retain a § 383.5, and the Administrator has not
domicile to a new State of domicile, an hazardous materials endorsement, he/ determined whether the commercial
applicant must apply for a CDL from the she must comply with the requirements motor vehicle operator testing and
new State of domicile within no more specified in paragraph (b)(8) of this licensing standards of that jurisdiction
than 30 days after establishing his/her section and pass the test specified in meet the standards contained in
new domicile. The applicant must: § 383.121 for such endorsement. subparts G and H of this part.
(1) Provide to the new State of (ii) If the applicant is domiciled in a
(4) Provide the names of all States
domicile the certifications contained in State that is prohibited from issuing
where the applicant has previously been
paragraph (b) of this section; CDLs in accordance with § 384.405 of
licensed to drive any type of motor
(2) Provide to the new State of this subchapter. That person is eligible
vehicle during the previous 10 years.
domicile updated information as to obtain a Nonresident CDL from any
(5) Provide to the State proof of State that elects to issue a Nonresident
specified in subpart J of this part;
citizenship or immigration status as CDL and which complies with the
(3) If the applicant wishes to retain a
specified in Table 1 of this section, or testing and licensing standards
hazardous materials endorsement, he/
be registered under paragraph (f) of this contained in subparts F, G, and H of this
she must comply with the requirements
section. part.
specified in paragraph (b)(8) of this
section and State requirements as (6) Provide proof to the State that this (2) An applicant for a nonresident
specified in § 383.73(c)(4); is his or her State of domicile, as the CDL must do both of the following:
(4) Surrender the CDL from the old term is defined in § 383.5. Acceptable (i) Complete the requirements to
State of domicile to the new State of proof of domicile is a document with obtain a CDL contained in paragraph (b)
domicile; and the person’s name and residential of this section. Exception: An applicant
(5) Provide the names of all States address within the State, such as a domiciled in a foreign jurisdiction must
where the applicant has previously been government issued tax form. provide a foreign issued passport or U.S.
licensed to drive any type of motor (e) License upgrades. When applying issued immigration document granting
vehicle during the previous 10 years. for a CDL or an endorsement temporary or indefinite legal status in
(6) Provide to the State proof of authorizing the operation of a CMV not the U.S. No proof of domicile is
citizenship or immigration status as covered by the current CDL, all required.
specified in Table 1 of this section, or applicants must: (ii) After receipt of the CDL, and for
be registered under paragraph (f) of this (1) Provide the certifications specified as long as it is valid, notify the State
section. in paragraph (b) of this section; which issued the CDL of any adverse
(7) Provide proof to the State that this (2) Pass all the knowledge tests in action taken by any jurisdiction or
is his or her State of domicile, as the accordance with the standards governmental agency, foreign or
term is defined in § 383.5. Acceptable contained in subparts F, G, and H of this domestic, against his/her driving
proof of domicile is a document with part and all the skills tests specified in privileges. Such adverse actions include
the person’s name and residential paragraph (b)(2) of this section for the but are not be limited to license
address within the State, such as a new vehicle group and/or different suspension or revocation, or
government issued tax form. endorsements; disqualification from operating a
commercial motor vehicle for the license suspension, revocation, or (6) If not previously done, complete
convictions described in § 383.51. cancellation under State law, and that the Social Security Number verification
Notifications must be made within the the person does not have a driver’s required by paragraph (g) of this section;
time periods specified in § 383.33. license from more than one State or (7) For persons applying for a
(3) An applicant for a Nonresident jurisdiction. The record check must hazardous materials endorsement,
CDL is not required to surrender a include, but is not limited to, the require compliance with the standards
previous foreign license. following: for such endorsement specified in
9. Revise § 383.72 to read as follows: (i) A check of the applicant’s driving §§ 383.71(b)(8) and 383.141; and
record as maintained by his/her current (8) Make the CDL valid for no more
§ 383.72 Implied consent to alcohol
testing. State of licensure, if any; than 8 years from the date of issuance.
(ii) A check with the CDLIS to (c) License transfers. Prior to issuing
Any person who holds a CLP or CDL a CDL to a person who has a CDL from
or is required to hold a CLP or CDL is determine whether the driver applicant
already has been issued a CDL, whether another State, a State must:
considered to have consented to such (1) Require the driver applicant to
testing as is required by any State or the applicant’s license has been
suspended, revoked, or canceled, or if make the certifications contained in
jurisdiction in the enforcement of § 383.71(b);
§§ 383.51(b), Table 1, item (4) and the applicant has been disqualified from
operating a commercial motor vehicle; (2) Complete a check of the driver
392.5(a)(2) of this subchapter. Consent
(iii) A check with the Problem Driver applicant’s record as contained in
is implied by driving a commercial
Pointer System (PDPS) to determine paragraph (b)(3) of this section;
motor vehicle.
whether the driver applicant has: (3) Request and receive updates of
10. Revise § 383.73 to read as follows:
(A) Been disqualified from operating information specified in subpart J of this
§ 383.73 State procedures. a motor vehicle (other than a part;
(a) Commercial Learner’s Permit. Prior commercial motor vehicle); (4) If such applicant wishes to retain
to issuing a CLP to a person, a State a hazardous materials endorsement,
(B) Had a license (other than CDL) require compliance with standards for
must: suspended, revoked, or canceled for
(1) Require the applicant to make the such endorsement specified in
cause in the 3-year period ending on the §§ 383.71(b)(8) and 383.141 and ensure
certifications, pass the tests, and date of application; or
provide the information as described in that the driver has, within the 2 years
(C) Been convicted of any offenses preceding the transfer, either:
§ 383.71(a); contained in 49 U.S.C. 30304(a)(3);
(2) Initiate and complete a check of (i) Passed the test for such
the applicant’s driving record as (iv) A request for the applicant’s endorsement specified in § 383.121; or
described in paragraph (b)(3) of this complete driving record from all States (ii) Successfully completed a
section. where the applicant was previously hazardous materials test or training that
(3) Make a CLP valid for no more than licensed over the last 10 years to drive is given by a third party and that is
180 days from the date of issuance and any type of motor vehicle. Exception: A deemed by the State to substantially
provide for renewal of a CLP only for an State is only required to make the cover the same knowledge base as that
additional 90 days without the CLP request for the complete driving record described in § 383.121;
holder having to retake the general and specified in this paragraph for initial (5) If not previously done, complete
endorsement knowledge tests; issuance of a CLP, transfer of CDL from the Social Security Number verification
(4) Allow only a group-specific another State or for drivers renewing a required by paragraph (g) of this section;
passenger (P) endorsement on a CLP, CDL for the first time after September and
provided the applicant has taken and 30, 2002, provided a notation is made (6) Require the applicant to surrender
passed the endorsement knowledge test. on the driver’s record confirming that the CDL issued by the applicant’s
All other Federal endorsements are the driver record check required by this previous State of domicile.
prohibited on a CLP; and paragraph has been made and noting the (7) Require compliance with the
(5) Complete the Social Security date it was done; standards for providing proof of
Number verification required by (4) Require the driver applicant to citizenship or immigration status
paragraph (g) of this section. surrender his/her non-CDL driver’s specified in § 383.71(b)(9) and proof of
(6) Require compliance with the license and CLP; State of domicile specified in
standards for providing proof of (5) Require compliance with the § 383.71(b)(10). Exception: A State is
citizenship or immigration status standards for providing proof of only required to check the proof of
specified in § 383.71(a)(5) and proof of citizenship or immigration status citizenship or immigration status
State of domicile specified in specified in § 383.71(b)(9) and proof of specified in this paragraph for initial
§ 383.71(a)(6). State of domicile specified in issuance of a CLP or Nonresident CDL,
(b) Initial CDL. Prior to issuing a CDL § 383.71(b)(10). Exception: A State is transfer of CDL from another State or for
to a person, a State must: only required to check the proof of drivers renewing a CDL or Nonresident
(1) Require the driver applicant to citizenship or immigration status CDL for the first time after [effective
certify, pass tests, and provide specified in this paragraph for initial date of final rule], provided a notation
information as described in § 383.71(b); issuance of a CLP or Nonresident CDL, is made on the driver’s record
(2) Check that the vehicle in which transfer of CDL from another State or for confirming that the proof of citizenship
the applicant takes his/her test is drivers renewing a CDL or Nonresident or immigration status check required by
representative of the vehicle group the CDL for the first time after [effective this paragraph has been made and
applicant has certified that he/she date of final rulemaking], provided a noting the date it was done.
operates or expects to operate; notation is made on the driver’s record (d) License Renewals. Prior to
(3) Initiate and complete a check of confirming that the proof of citizenship renewing any CDL a State must:
the applicant’s driving record to ensure or immigration status check required by (1) Require the driver applicant to
that the person is not subject to any this paragraph has been made and make the certifications contained in
disqualification under § 383.51, or any noting the date it was done; § 383.71(b);
(2) Complete a check of the driver the practical capability of disqualifying the person’s CLP or CDL or his/her
applicant’s record as contained in the holder of any Nonresident CDL, by pending application, or disqualify the
paragraph (b)(3) of this section; withdrawing, suspending, canceling, person from operating a commercial
(3) Request and receive updates of and revoking his/her Nonresident CDL motor vehicle for a period of at least 60
information specified in subpart J of this as if the Nonresident CDL were a CDL consecutive days.
part; issued to a person domiciled in the (k) Drivers convicted of fraud related
(4) If such applicant wishes to retain State. to the testing and issuance of a CLP or
a hazardous materials endorsement, (3) The State must require compliance CDL. (1) The State must have policies in
require the driver to pass the test with the standards for providing proof effect which result, at a minimum, in
specified in § 383.121 and comply with of immigration status specified in the cancellation or revocation of the
the standards specified in § 383.71(b)(9) and § 383.71(f)(2)(i). CLP or CDL of a person who has been
§§ 383.71(b)(8) and 383.141 for such (g) Social Security Number convicted of fraud related to the
endorsement; verification. (1) Prior to issuing a CLP or issuance of that CLP or CDL. The
(5) If not previously done, complete a CDL to a person the State must verify application of a person so convicted
the Social Security Number verification the name, date of birth, and Social who seeks to renew, transfer, or upgrade
required by paragraph (g) of this section; Security Number provided by the the fraudulently obtained CLP or CDL
and applicant with the information on file must also, at a minimum, be canceled or
(6) Make the renewal of the CDL valid with the Social Security Administration. revoked. The State must record any
for no more than 8 years from the date The State is prohibited from issuing, such withdrawal in the person’s driving
of issuance. renewing, upgrading, or transferring a record. The person may not reapply for
(7) Require compliance with the CLP or CDL if the Social Security a new CDL for at least 1 year.
standards for providing proof of Administration database does not match (2) If a State receives credible
citizenship or immigration status the applicant-provided data. information that a CLP- or CDL-holder
specified in § 383.71(b)(9) and proof of (2) Exception: A State is only required is suspected, but has not been
State of domicile specified in to perform the Social Security Number convicted, of fraud related to the
§ 383.71(b)(10). verification specified in this paragraph issuance of his or her CLP or CDL, the
(e) License upgrades. Prior to issuing for initial issuance of a CLP, transfer of State must require the driver to be re-
an upgrade of a CDL, a State must: CDL from another State or for drivers tested within 30 days both for
(1) Require such driver applicant to renewing a CDL for the first time after knowledge and skills. The driver’s CLP
provide certifications, pass tests, and [effective date of final rulemaking] who or CDL must be withdrawn after 30 days
meet applicable hazardous materials have not previously had their Social pending the results of re-testing.
standards specified in § 383.71(e); Security Number information verified, (l) Reciprocity. A State must allow
(2) Complete a check of the driver provided a notation is made on the any person who has a valid CLP, CDL,
applicant’s record as described in driver’s record confirming that the Nonresident CLP, or Nonresident CDL
paragraph (b)(3) of this section; verification required by this paragraph and who is not disqualified from
(3) If not previously done, complete has been made and noting the date it operating a CMV, to operate a CMV in
the Social Security Number verification was done. the State.
required by paragraph (g) of this section; (h) License issuance. After the State (m) Document verification. The State
and has completed the procedures described must require at least two persons within
(4) Require the driver applicant to in paragraphs (a) through (g) of this the driver licensing agency to check and
surrender his/her previous CDL. section, it may issue a CLP or CDL to the verify all documents involved in the
(5) Require compliance with the driver applicant. The State must: licensing process for the initial
standards for providing proof of (1) Mail the initial CLP or CDL to the issuance, renewal, upgrade, or transfer
citizenship or immigration status address provided on the application of a CLP or CDL. The documents being
specified in § 383.71(b)(9) and proof of form; and checked and verified must include, at a
State of domicile specified in (2) Notify the operator of the CDLIS of minimum, those provided by the
§ 383.71(b)(10). such issuance, transfer, renewal, or applicant to prove legal presence and
(f) Nonresident CDL. (1) A State may upgrade within the 10-day period domicile, the information filled out on
only issue a Nonresident CDL to a beginning on the date of license the application form, and knowledge
person who meets one of the issuance. and skills test scores.
circumstances described in (i) Surrender procedure. A State may (n) Computer system controls. The
§ 383.71(f)(1). return a surrendered license to a driver State must establish computer system
(2) State procedures for the issuance after physically marking it so that it controls that would:
of a nonresident CDL, for any cannot be mistaken for a valid (1) Prevent the issuance of an initial,
modifications thereto, and for document. Simply punching a hole in renewed, upgraded, or transferred CLP
notifications to the CDLIS must at a the expiration date of the document is or CDL when the results of transactions
minimum be identical to those insufficient. A document perforated indicate the applicant is unqualified.
pertaining to any other CDL, with the with the word ‘‘VOID’’ is considered These controls, at a minimum, must be
following exceptions: invalidated. established for the following
(i) If the applicant is requesting a (j) Penalties for false information. If a transactions: State, CDLIS, and PDPS
transfer of his/her Nonresident CDL, the State determines, in its check of an driver record checks; Social Security
State must obtain the Nonresident CDL applicant’s license status and record Number verification; and knowledge
currently held by the applicant and prior to issuing a CLP or CDL, or at any and skills test scores verification.
issued by another State; time after the CLP or CDL is issued, that (2) Ensure that only supervisory level
(ii) The State must add the word the applicant has falsified information personnel may continue the issuance
‘‘Nonresident’’ to the face of the CDL, in contained in subpart J of this part or any process whenever State, CDLIS, and/or
accordance with § 383.153(b); and of the certifications required in PDPS driver record checks return
(iii) The State must have established, § 383.71(b), the State must at a suspect results. The supervisor must
prior to issuing any Nonresident CDL, minimum suspend, cancel, or revoke ensure these results are not connected to
a violation of any State or local law (iii) Allow the State to do any of the State driver licensing agency through
relating to motor vehicle traffic control following: secure electronic means when a driver
(other than a parking violation). In (A) Have State employees covertly applicant passes skills tests
addition, both the name of the person take the tests administered by the third administered by the third party tester.
authorizing the issuance and the party as if the State employee were a (c) Minimum number of tests
justification for the authorization must test applicant; conducted. (1) The State must cancel
be documented by the State. (B) Have State employees co-score the third party agreement of any third
11. Revise § 383.75 to read as follows: along with the third party examiner party tester that does not conduct at
during CDL skills tests to compare pass/ least 50 skills test examinations per
§ 383.75 Third party testing. fail results; or calendar year.
(a) Third party tests. A State may (C) Have the State re-test a sample of (2) The State must revoke the skills
authorize a third-party tester to drivers who were examined by the third testing certification of any examiner
administer the skills tests as specified in party; who does not conduct at least 10 skills
subparts G and H of this part, if the (iv) Reserve unto the State the right to test examinations per calendar year.
following conditions are met: take prompt and appropriate remedial
(1) The tests given by the third party action against a third-party tester that § 383.77 [Removed]
are the same as those which would fails to comply with State or Federal 12. Remove § 383.77.
otherwise be given by the State using standards for the CDL testing program, 13. Add new § 383.79 to read as
the same version of the skills tests, the or with any other terms of the third- follows:
same written instructions for test party contract;
applicants, and the same scoring sheets (v) Require the third party tester to § 383.79 Skills testing of out-of-State
as those prescribed in subparts G and H students.
initiate and maintain a bond in an
of this part; amount determined by the State to be (a) A State may administer its skills
(2) The State must conduct an on-site sufficient to pay for re-testing drivers in test, in accordance with subparts F, G,
inspection of each third party test site the event that the third party or one or and H of this part, to a person who has
at least annually, with focus on more of its examiners is involved in taken training in that State and is to be
examiners with unusually high or low fraudulent activities related to licensed in another United States
pass or fail rates; conducting skills testing for applicants jurisdiction (i.e., his/her State of
(3) The State must issue the third for a CDL. domicile). Such test results must be
party tester a CDL skills testing (vi) Require the third party tester to transmitted electronically directly from
certificate upon the execution of a third use only CDL skills examiners who have the testing State to the licensing State in
party skills testing agreement. successfully completed a formal CDL an efficient and secure manner.
(4) The State must issue each third skills test examiner training course as (b) The State of domicile of a CDL
party CDL skills test examiner a skills prescribed by the State and have been applicant must accept the results of a
testing certificate upon successful certified by the State as a CDL skills skills test administered to the applicant
completion of a formal skills test examiner qualified to administer CDL by any other State, in accordance with
examiner training course prescribed by skills tests; subparts F, G, and H of this part, in
the State; (vii) Require the third party tester to fulfillment of the applicant’s testing
(5) The State must, at least on an use designated road test routes that have requirements under § 383.71, and the
annual basis, do one of the following for been approved by the State; State’s test administration requirements
each third party examiner: (viii) Require the third party tester to under § 383.73.
(i) Have State employees covertly take submit a weekly schedule of CDL skills 14. Amend § 383.93 by revising
the tests administered by the third party testing appointments to the State no paragraph (a) to read as follows:
as if the State employee were a test later than the last business day of the § 383.93 Endorsements.
applicant; prior week; and
(ii) Have State employees co-score (ix) Require the third party tester to (a) General. (1) In addition to passing
along with the third party examiner maintain copies of the following records the knowledge and skills tests described
during CDL skills tests to compare pass/ at its principal place of business: in subpart G of this part, all persons
fail results; or (A) A copy of the State certificate who operate or expect to operate the
(iii) Re-test a sample of drivers who authorizing the third party tester to type(s) of motor vehicles described in
were examined by the third party to administer a CDL skills testing program paragraph (b) of this section must pass
compare pass/fail results; for the classes and types of commercial specialized tests to obtain each
(6) The State must take prompt and motor vehicles listed; endorsement. The State shall issue CDL
appropriate remedial action against a (B) A copy of each third party endorsements only to drivers who
third-party tester that fails to comply examiner’s State certificate authorizing successfully complete the tests.
with State or Federal standards for the the third party examiner to administer (2) The only endorsement allowed on
CDL testing program, or with any other CDL skills tests for the classes and types a CLP is a Passenger endorsement.
terms of the third-party contract; and of commercial motor vehicles listed; (3) The State must use the codes listed
(7) The State has an agreement with (C) A copy of the current third party in § 383.153 when placing
the third party containing, at a agreement; endorsements on a CLP or CDL.
minimum, provisions that: (D) A copy of each completed CDL * * * * *
(i) Allow the FMCSA, or its skills test scoring sheet for the current 15. Revise § 383.95 to read as follows:
representative, and the State to conduct
year and the past two calendar years;

random examinations, inspections, and (E) A copy of the third party tester’s § 383.95 Restrictions.
audits of its records, facilities, and State-approved road test route(s); and (a) Air brake. (1) If an applicant either
operations without prior notice; (F) A copy of each third party fails the air brake component of the
(ii) Require that all third party examiner’s training record. knowledge test, or performs the skills
examiners meet the qualification and (b) Proof of testing by a third party. test in a vehicle not equipped with air
training standards of § 384.228; The third party tester must notify the brakes, the State must indicate on the
CLP or CDL, if issued, that the person 16. Revise § 383.110 to read as procedures for common transmissions,
is restricted from operating a CMV follows: including:
equipped with air brakes. (i) Key elements of shifting, e.g.,
(2) For the purposes of the skills test § 383.110 General requirement. controls, when to shift, and double
and the restriction, air brakes include All drivers of commercial motor clutching;
any braking system operating fully or vehicles (CMVs) must have knowledge (ii) Shift patterns and procedures; and
partially on the air brake principle. and skills necessary to operate a CMV (iii) Consequences of improper
(b) Full air brake. (1) If an applicant safely as contained in this subpart. The shifting.
performs the skills test in a vehicle specific types of items, which a State (6) Backing. The procedures and rules
equipped with air over hydraulic must include in the knowledge and for various backing maneuvers,
brakes, the State must indicate on the skills tests that it administers to CDL including:
CDL, if issued, that the person is applicants, are included in this subpart. (i) Backing principles and rules; and
restricted from operating a CMV 17. Revise § 383.111 to read as (ii) Basic backing maneuvers, e.g.,
equipped with any braking system follows: straight-line backing, and backing on a
operating fully on the air brake curved path.
§ 383.111 Required knowledge.
principle. (7) Visual search. The importance of
(2) For the purposes of the skills test (a) All CMV operators must have proper visual search, and proper visual
and the restriction, air over hydraulic knowledge of the following 20 general search methods, including:
brakes includes any braking system areas: (i) Seeing ahead and to the sides;
operating partially on the air brake and (1) Safe operations regulations. (ii) Use of mirrors; and
partially on the hydraulic brake Driver-related elements of the (iii) Seeing to the rear.
principle. regulations contained in parts 391, 392, (8) Communication. The principles
(c) Manual transmission. (1) If an 393, 395, 396, and 397 of this and procedures for proper
applicant performs the skills test in a subchapter, such as: communications and the hazards of
vehicle equipped with an automatic (i) Motor vehicle inspection, repair, failure to signal properly, including:
transmission, the State must indicate on and maintenance requirements; (i) Signaling intent, e.g., signaling
the CDL, if issued, that the person is (ii) Procedures for safe vehicle when changing direction in traffic;
restricted from operating a CMV operations; (ii) Communicating presence, e.g.,
equipped with a manual transmission. (iii) The effects of fatigue, poor vision, using horn or lights to signal presence;
(2) For the purposes of the skills test hearing, and general health upon safe and
and the restriction, an automatic commercial motor vehicle operation; (iii) Misuse of communications.
transmission includes any transmission (iv) The types of motor vehicles and (9) Speed management. The
not operating fully on the gear shift and cargoes subject to the requirements importance of understanding the effects
clutch principle. contained in part 397 of this subchapter; of speed, including:
(d) Tractor-trailer. If an applicant and (i) Speed and stopping distance;
performs the skills test in a combination (v) The effects of alcohol and drug use (ii) Speed and surface conditions;
vehicle for a Group A CDL with the upon safe commercial motor vehicle (iii) Speed and the shape of the road;
power unit and towed unit connected operations. (iv) Speed and visibility; and
with a pintle hook or other non-fifth (2) CMV safety control systems. (i) (v) Speed and traffic flow.
wheel connection, the State must Proper use of the motor vehicle’s safety (10) Space management. The
indicate on the CDL, if issued, that the system, including lights, horns, side and procedures and techniques for
person is restricted from operating a rear-view mirrors, proper mirror controlling the space around the
tractor-trailer combination connected by adjustments, fire extinguishers, vehicle, including:
a fifth wheel that requires a Group A symptoms of improper operation (i) The importance of space
CDL. revealed through instruments, motor management;
(e) Group A passenger vehicle. If an vehicle operation characteristics, and (ii) Space cushions, e.g., controlling
applicant applying for a passenger diagnosing malfunctions. space ahead/to the rear;
endorsement performs the skills test in (ii) CMV drivers must have (iii) Space to the sides; and
a passenger vehicle requiring a Group B knowledge of the correct procedures (iv) Space for traffic gaps.
CDL, the State must indicate on the needed to use these safety systems in an (11) Night operation. Preparations and
CDL, if issued, that the person is emergency situation, e.g., skids and loss procedures for night driving, including:
restricted from operating a passenger of brakes. (i) Night driving factors, e.g., driver
vehicle requiring a Group A CDL. (3) Safe vehicle control systems. The factors (vision, glare, fatigue,
(f) Group A and B passenger vehicle. purpose and function of the controls inexperience);
If an applicant applying for a passenger and instruments commonly found on (ii) Roadway factors (low
endorsement performs the skills test in CMVs. illumination, variation in illumination,
a passenger vehicle requiring a Group C (4) Basic control. The proper unfamiliarity with roads, other road
CDL, the State must indicate on the procedures for performing various basic users, especially drivers exhibiting
CDL, if issued, that the person is maneuvers, including: erratic or improper driving); and
restricted from operating a passenger (i) Starting, warming up, and shutting (iii) Vehicle factors (headlights,
vehicle requiring a Group A or B CDL. down the engine; auxiliary lights, turn signals,
(g) CLP Passenger Vehicle. If an (ii) Putting the vehicle in motion and windshields and mirrors).
applicant is applying for a passenger stopping; (12) Extreme driving conditions. The
endorsement on a CLP, the State must (iii) Backing in a straight line; and basic information on operating in
indicate on the CLP, if issued, that the (iv) Turning the vehicle, e.g., basic extreme driving conditions and the
person is restricted from operating a rules, off tracking, right/left turns and hazards encountered in such conditions,
passenger vehicle carrying passengers, right curves. including:
except for the CDL holder who is (5) Shifting. The basic shifting rules (i) Bad weather, e.g., snow, ice, sleet,
required to accompany the CLP holder. and terms, as well as shift patterns and high wind;
(ii) Hot weather; and (20) Fatigue and awareness. Practices following basic pre-trip vehicle
(iii) Mountain driving. that are important to staying alert and inspection skills for the vehicle class
(13) Hazard perceptions. The basic safe while driving, including; that the driver operates or expects to
information on hazard perception and (i) Being prepared to drive; operate:
clues for recognition of hazards, (ii) What to do when driving; (1) All test vehicles. Applicants must
including: (iii) What to do when sleepy while be able to identify each safety-related
(i) Road characteristics; and driving; and part on the vehicle and explain what
(ii) Road user activities. (iv) Becoming ill while driving. needs to be inspected to make sure the
(14) Emergency maneuvers. The basic (b) Air brakes. All CMV drivers part is in a safe condition, including:
information concerning when and how operating vehicles equipped with air (i) Engine compartment;
to make emergency maneuvers, brakes must have knowledge of the (ii) Cab/engine start;
including: following 7 areas: (iii) Steering;
(i) Evasive steering; (1) General air brake system (iv) Suspension;
(ii) Emergency stop; nomenclature; (v) Brakes;
(iii) Off road recovery; (2) The dangers of contaminated air (vi) Wheels;
(iv) Brake failure; and (vii) Side of vehicle;
supply (dirt, moisture, and oil);
(v) Blowouts. (viii) Rear of vehicle; and
(3) Implications of severed or (ix) Special features of tractor trailer,
(15) Skid control and recovery. The disconnected air lines between the
information on the causes and major school bus, or coach/transit bus, if this
power unit and the trailer(s); type of vehicle is being used for the test.
types of skids, as well as the procedures (4) Implications of low air pressure (2) Air brake equipped test vehicles.
for recovering from skids. readings; Applicants must demonstrate the
(16) Relationship of cargo to vehicle (5) Procedures to conduct safe and following skills with respect to
control. The principles and procedures accurate pre-trip inspections, including inspection and operation of air brakes:
for the proper handling of cargo, knowledge about: (i) Locate and verbally identify air
including: (i) Automatic fail-safe devices; brake operating controls and monitoring
(i) Consequences of improperly (ii) System monitoring devices; and devices;
secured cargo, drivers’ responsibilities, (iii) Low pressure warning alarms. (ii) Determine the motor vehicle’s
and Federal/State and local regulations; (6) Procedures for conducting en route brake system condition for proper
(ii) Principles of weight distribution; and post-trip inspections of air actuated adjustments and that air system
and brake systems, including: connections between motor vehicles
(iii) Principles and methods of cargo (i) Ability to detect defects which may have been properly made and secured;
securement. cause the system to fail; (iii) Inspect the low pressure warning
(17) Vehicle inspections. The (ii) Tests that indicate the amount of device(s) to ensure that they will
objectives and proper procedures for air loss from the braking system within activate in emergency situations;
performing vehicle safety inspections, a specified period, with and without the (iv) With the engine running, make
as follows: engine running; and sure that the system maintains an
(i) The importance of periodic (iii) Tests that indicate the pressure adequate supply of compressed air;
inspection and repair to vehicle safety. levels at which the low air pressure (v) Determine that required minimum
(ii) The effect of undiscovered warning devices and the tractor air pressure build up time is within
malfunctions upon safety. protection valve should activate. acceptable limits and that required
(iii) What safety-related parts to look (7) General operating practices and alarms and emergency devices
for when inspecting vehicles, e.g., fluid procedures, including: automatically deactivate at the proper
leaks, interference with visibility, bad (i) Proper braking techniques; pressure level; and
tires, wheel and rim defects, braking (ii) Antilock brakes; (vi) Operationally check the brake
system defects, steering system defects, (iii) Emergency stops; and system for proper performance.
suspension system defects, exhaust (iv) Parking brake. (b) Basic vehicle control skills. All
system defects, coupling system defects, (c) Combination vehicles. All CMV applicants for a CDL must possess and
and cargo problems. drivers operating combination vehicles demonstrate the following basic motor
(iv) Pre-trip/en route/post-trip must have knowledge of the following 3 vehicle control skills for the vehicle
inspection procedures. areas: class that the driver operates or expects
(v) Reporting findings. (1) Coupling and uncoupling—The to operate:
(18) Hazardous materials. Knowledge procedures for proper coupling and (1) Ability to start, warm up, and shut
of the following: uncoupling a tractor to a semi-trailer; down the engine;
(i) What constitutes hazardous (2) Vehicle inspection—The (2) Ability to put the motor vehicle in
material requiring an endorsement to objectives and proper procedures that motion and accelerate smoothly,
transport; are unique for performing vehicle safety forward and backward;
(ii) Classes of hazardous materials; inspections on combination vehicles; (3) Ability to bring the motor vehicle
(iii) Labeling/placarding and to a smooth stop;
requirements; and (3) General operating practices and (4) Ability to back the motor vehicle
(iv) Need for specialized training as a procedures, including: in a straight line, and check path and
prerequisite to receiving the (i) Safely operating combination clearance while backing;
endorsement and transporting vehicles; and (5) Ability to position the motor
hazardous cargoes.
(ii) Air brakes. vehicle to negotiate and then make left

(19) Mountain driving. Practices that 18. Revise § 383.113 to read as and right turns;
are important when driving upgrade and follows: (6) Ability to shift as required and
downgrade, including: select appropriate gear for speed and
(i) Selecting a safe speed; § 383.113 Required skills. highway conditions; and
(ii) Selecting the right gear; and (a) Pre-trip vehicle inspection skills. (7) Ability to back along a curved
(iii) Proper braking techniques. Applicants for a CDL must possess the path.
(c) Safe on-road driving skills. All on freeways, splash and spray impacts, § 383.121 Requirements for hazardous
applicants for a CDL must possess and aerodynamic buffeting, view blockages, materials endorsement.
demonstrate the following safe on-road and lateral placement; and In order to obtain a hazardous
driving skills for their vehicle class: (e) Operating practices and material endorsement each applicant
(1) Ability to use proper visual search procedures not otherwise specified. must have such knowledge as is
methods; 20. Revise § 383.117 to read as required of a driver of a hazardous
(2) Ability to signal appropriately follows: materials laden vehicle, from
when changing direction in traffic; information contained in 49 CFR parts
(3) Ability to adjust speed to the § 383.117 Requirements for passenger 171, 172, 173, 177, 178, and 397 on the
configuration and condition of the endorsement. following:
roadway, weather and visibility An applicant for the passenger (a) Hazardous materials regulations
conditions, traffic conditions, and motor endorsement must satisfy both of the including:
vehicles, cargo and driver conditions; following additional knowledge and (1) Hazardous materials table;
(4) Ability to choose a safe gap for skills test requirements. (2) Shipping paper requirements;
changing lanes, passing other vehicles, (a) Knowledge test. All applicants for (3) Marking;
as well as for crossing or entering traffic; the passenger endorsement must have (4) Labeling;
(5) Ability to position the motor knowledge covering the following (5) Placarding requirements;
vehicle correctly before and during a (6) Hazardous materials packaging;
topics:
(7) Hazardous materials definitions
turn to prevent other vehicles from (1) Proper procedures for loading/ and preparation;
passing on the wrong side as well as to unloading passengers; (8) Other regulated material (e.g.,
prevent problems caused by off- (2) Proper use of emergency exits, ORM–D);
tracking; including push-out windows; (9) Reporting hazardous materials
(6) Ability to maintain a safe (3) Proper responses to such accidents; and
following distance depending on the emergency situations as fires and unruly (10) Tunnels and railroad crossings.
condition of the road, on visibility, and passengers; (b) Hazardous materials handling
on vehicle weight; (4) Proper procedures at railroad- including:
(7) Ability to adjust operation of the highway grade crossings and (1) Forbidden materials and packages;
motor vehicle to prevailing weather drawbridges; (2) Loading and unloading materials;
conditions including speed selection, (5) Proper braking procedures; and (3) Cargo segregation;
braking, direction changes, and (6) Operating practices and (4) Passenger carrying buses and
following distance to maintain control; procedures not otherwise specified. hazardous materials;
and (5) Attendance of motor vehicles;
(b) Skills test. To obtain a passenger
(8) Ability to observe the road and the (6) Parking;
endorsement applicable to a specific (7) Routes;
behavior of other motor vehicles, vehicle class, an applicant must take
particularly before changing speed and (8) Cargo tanks; and
his/her skills test in a passenger vehicle (9) ‘‘Safe havens.’’
direction. satisfying the requirements of that
(d) Test area. Skills tests shall be (c) Operation of emergency equipment
vehicle group as defined in § 383.91. including:
conducted in on-street conditions or
21. Revise § 383.119 to read as (1) Use of equipment to protect the
under a combination of on-street and
follows: public;
off-street conditions.
(2) Special precautions for equipment
(e) Simulation technology. A State § 383.119 Requirements for tank vehicle
to be used in fires;
may utilize simulators to perform skills endorsement.
(3) Special precautions for use of
testing, but under no circumstances as In order to obtain a tank vehicle emergency equipment when loading or
a substitute for the required testing in endorsement, each applicant must have unloading a hazardous materials laden
on-street conditions. knowledge covering the following: motor vehicle; and
19. Revise § 383.115 to read as (a) Causes, prevention, and effects of (4) Use of emergency equipment for
follows: cargo surge on motor vehicle handling; tank vehicles.
§ 383.115 Requirements for double/triple (b) Proper braking procedures for the (d) Emergency response procedures
trailers endorsement. motor vehicle when it is empty, full, including:
In order to obtain a double/triple and partially full; (1) Special care and precautions for
trailers endorsement each applicant (c) Differences in handling of baffled/ different types of accidents;
compartmental tank interiors versus (2) Special precautions for driving
must have knowledge covering:
(a) Procedures for assembly and non-baffled motor vehicles; near a fire and carrying hazardous
hookup of the units; (d) Differences in tank vehicle type materials, and smoking and carrying
(b) Proper placement of heaviest and construction; hazardous materials;
(e) Differences in cargo surge for (3) Emergency procedures; and
trailer; (4) Existence of special requirements
(c) Handling and stability liquids of varying product densities;
(f) Effects of road grade and curvature for transporting Class A and B
characteristics including off-tracking,
on motor vehicle handling with filled, explosives.
response to steering, sensory feedback, (e) Operating practices and
braking, oscillatory sway, rollover in half-filled, and empty tanks;
procedures not otherwise specified.
steady turns, and yaw stability in steady (g) Proper use of emergency systems;
23. Revise § 383.123 to read as
turns; (h) For drivers of DOT specification
follows:
(d) Potential problems in traffic tank vehicles, retest and marking
operations, including problems the requirements; and § 383.123 Requirements for a school bus
motor vehicle creates for other motorists (i) Operating practices and procedures endorsement.
due to slower speeds on steep grades, not otherwise specified. (a) An applicant for the school bus
longer passing times, possibility for 22. Revise § 383.121 to read as endorsement must satisfy the following
blocking entry of other motor vehicles follows: three requirements:
(1) Qualify for passenger vehicle different vehicle groups and ‘‘2005 Test Item Summary Forms’’
endorsement. Pass the knowledge and endorsements; and (Incorporated by reference, see § 383.9)
skills test for obtaining a passenger (v) Details of testing procedures, to develop knowledge tests for each
vehicle endorsement. including the purpose of the tests, how vehicle group and endorsement.
(2) Knowledge test. Must have to respond, and directions for taking the (2) Each version of the knowledge test
knowledge covering the following tests. must conform to the requirements in the
topics: (2) A State may include any December 2005 edition of AAMVA’s
(i) Loading and unloading children, additional State-specific information ‘‘2005 Requirements Document For Use
including the safe operation of stop related to the CDL testing and licensing In Developing Computer-Generated
signal devices, external mirror systems, process. Multiple-Choice CDL Knowledge Tests’’
flashing lights, and other warning and (b) Examiner information manual. (1) (Incorporated by reference, see § 383.9).
passenger safety devices required for A State must provide to all knowledge These requirements include:
school buses by State or Federal law or and skills test examiners a copy of the (i) The total difficulty level of the
regulation. examiner information manual that questions used in each version of a test
(ii) Emergency exits and procedures conforms to the requirements in the must fall within a set range;
for safely evacuating passengers in an December 2005 edition of AAMVA’s (ii) Twenty-five percent of the
emergency. ‘‘Model CDL Examiner’s Manual’’ questions on a test must be new
(iii) State and Federal laws and (Incorporated by reference, see § 383.9). questions that were not contained in the
regulations related to safely traversing These requirements include: previous version of the test;
railroad-highway grade crossings; and (i) Information on driver application (iii) Identical questions from the
(iv) Operating practices and procedures contained in § 383.71, State previous version of the test must be in
procedures not otherwise specified. procedures described in § 383.73, and a different location on the test and the
(3) Skills test. Must take a driving other appropriate driver information three possible responses to the
skills test in a school bus of the same contained in subpart E of this part; questions must be in a different order;
vehicle group (see § 383.91(a)) as the (ii) Details on information which must and
school bus applicant will drive. be given to the applicant; (iv) Each test must contain a set
(b) Exception. Knowledge and skills (iii) Details on how to conduct the number of questions with a prescribed
tests administered before September 30, knowledge and skills tests; number of questions from each of the
2002 and approved by FMCSA as (iv) Scoring procedures and minimum knowledge areas.
meeting the requirements of this passing scores for the knowledge and (3) Each knowledge test must be valid
section, meet the requirements of skills tests; and reliable so as to assure that driver
paragraphs (a)(2) and (a)(3) of this (v) Information for selecting driving applicants possess the knowledge
section. test routes for the skills tests; required under § 383.111. The
(vi) List of the skills to be tested; knowledge tests may be administered in
Appendix to Subpart G [Removed] (vii) Instructions on where and how written form, verbally, or in automated
24. Remove the appendix to subpart G the skills will be tested; format and can be administered in a
of part 383. (viii) How performance of the skills foreign language, provided no
25. Revise § 383.131 to read as will be scored; interpreter is used in administering the
follows: (ix) Causes for automatic failure of test.
skills tests; (4) A State must use a different
§ 383.131 Test manuals. version of the test when an applicant
(x) Standardized scoring sheets for the
(a) Driver information manual. (1) A skills tests; and retakes a previously failed test.
State must provide to a CLP or CDL (xi) Standardized driving instructions (c) Skills tests: (1) A State must
applicant a copy of the driver for the applicants. develop, administer and score the skills
information manual that conforms to the (2) A State may include any tests based solely on the information
requirements in the December 2005 additional State-specific information and standards contained in the driver
edition of the American Association of related to the CDL testing process. and examiner manuals referred to in
Motor Vehicle Administrators’ (c) State recordkeeping. States must § 383.131(a) and (b).
(AAMVA’s) ‘‘Model Commercial Driver record and retain the knowledge and (2) A State must use the standardized
Manual’’ (Incorporated by reference, see skills test scores of tests taken by driver scores and instructions for
§ 383.9). These requirements include: applicants. The test scores must either administering the tests contained in the
(i) Information on how to obtain a be made part of the driver history record examiner manual referred to in
CDL and endorsements; or be linked to the driver history record § 383.131(b).
(ii) Information on the requirements in a separate file. (3) An applicant must complete the
described in § 383.71, the implied 26. Revise § 383.133 to read as skills tests in a representative vehicle to
consent to alcohol testing described in follows: ensure that the applicant possess the
§ 383.72, the procedures and penalties, skills required under § 383.113. In
contained in § 383.51(b) to which a CLP § 383.133 Test methods. determining whether the vehicle is a
or CDL holder is exposed for refusal to (a) All tests must be constructed in representative vehicle for the skills test
comply with such alcohol testing, State such a way as to determine if the and the group of CDL the applicant is
procedures described in § 383.73, and applicant possesses the required applying for, the vehicle’s gross vehicle
other appropriate driver information knowledge and skills contained in weight rating or gross combination
contained in subpart E of this part; subpart G of this part for the type of weight rating must be used, not the
(iii) Information on vehicle groups motor vehicle or endorsement the vehicle’s actual gross vehicle weight or
and endorsements as specified in applicant wishes to obtain. gross combination weight.
subpart F of this part; (b) Knowledge tests: (1) States must (4) Skills tests must be conducted in
(iv) The substance of the knowledge use the pool of test questions that on-street conditions or under a
and skills which drivers must have as conform to the requirements in the combination of on-street and off-street
outlined in subpart G of this part for the December 2005 edition of AAMVA’s conditions.
(5) Interpreters are prohibited during indicated on the license as required in licensing State of the person to whom
the administration of skills tests. § 383.95(b). such license is issued.
Applicants must be able to understand (5) If a driver applicant who performs (3) Physical and other information to
and respond to verbal commands and the skills test in a vehicle equipped with identify and describe such person
instructions in English by a skills test an automatic transmission is issued a including date of birth (month, day, and
examiner. CDL, a manual transmission restriction year), sex, and height.
(6) The pre-trip inspection and the must be indicated on the license as (4) Color photograph or digitized
basic vehicle control tests must be required in § 383.95(c). color image of the driver. The State may
administered prior to the on-road (6) If a driver applicant who performs issue a temporary CDL without a photo
portion of the skills test. If an applicant the skills test in a combination vehicle or image, if it is valid for no more than
fails one of these tests, the applicant can requiring a Group A CDL equipped with 60 days.
not continue to the next skills test. An any non-fifth wheel connection is (5) The driver’s State license number.
applicant who has failed a skills test issued a CDL, a tractor-trailer restriction (6) The name of the State which
must retake all three tests. must be indicated on the license as issued the license.
(d) A State may utilize simulators to required in § 383.95(d). (7) The date of issuance and the date
perform skills testing, except that (7) If a driver applicant wants to of expiration of the license.
simulator testing may not be substituted remove any of the restrictions in (8) The group or groups of commercial
for the required testing in on-street paragraphs (b)(3) through (b)(5) of this motor vehicle(s) that the driver is
conditions. section, the applicant does not have to authorized to operate, indicated as
(e) Passing scores for the knowledge retake the complete set of skills tests. follows:
and skills tests must meet those The State may administer a modified set (i) A for Combination Vehicle;
standards contained in § 383.135. of skills tests that demonstrates that the (ii) B for Heavy Straight Vehicle; and
27. Revise § 383.135 to read as applicant can safely and effectively (iii) C for Small Vehicle.
follows: operate the vehicle’s full air brakes, air (9) The endorsement(s) for which the
over hydraulic brakes, and/or manual driver has qualified, if any, indicated as
§ 383.135 Passing knowledge and skills follows:
tests. transmission. In addition, to remove the
air brake or full air brake restriction, the (i) T for double/triple trailers;
(a) Knowledge tests. (1) To achieve a (ii) P for passenger;
applicant must also successfully
passing score on each of the knowledge (iii) N for tank vehicle;
perform the air brake pre-trip inspection
tests, a driver applicant must correctly (iv) H for hazardous materials;
and pass the air brake knowledge test.
answer at least 80 percent of the (v) X for a combination of tank vehicle
(8) If a driver applicant wants to
questions. and hazardous materials endorsements;
(2) If a driver applicant who fails the remove the tractor-trailer restriction in
paragraph (b)(6) of this section, the (vi) S for school bus; and
air brake knowledge test (scores less (vii) At the discretion of the State,
than 80 percent correct) is issued a CLP applicant must retake all three skills
additional codes for additional
or CDL, an air brake restriction must be tests in a representative tractor-trailer.
groupings of endorsements, as long as
indicated on the license as required in Subpart J—[Amended] each such discretionary code is fully
§ 383.95(a). explained on the front or back of the
(3) A driver applicant who fails the 28. Revise the heading for subpart J to CDL document.
combination vehicle knowledge test read as follows: (10) The restriction(s) placed on the
(scores less than 80 percent correct) driver from operating certain equipment
must not be issued a Group A CLP or Subpart J—Commercial Learner’s or vehicles, if any, indicated as follows:
CDL. Permit and Commercial Driver’s (i) L for Air brake.
(b) Skills Tests. (1) To achieve a License Documents (ii) Z for Full air brake.
passing score on each of the three skills 29. Revise § 383.151 to read as (iii) E for Manual transmission.
tests, the driver applicant must follows: (iv) O for Tractor-trailer.
demonstrate that he/she can (v) M for Group A passenger vehicle.
successfully perform all of the skills § 383.151 General. (vi) N for Group A and B passenger
listed in § 383.113 and attain the scores (a) The CDL must be a document that vehicle.
listed in Appendix A of the examiner is easy to recognize as a CDL. (vii) K for Intrastate only.
manual referred to in § 383.131(b) for (b) The CLP must be a separate (viii) Y for a driver who operates or
the type of vehicle being used in the document from the CDL or non-CDL. expects to operate in interstate
test. (c) At a minimum, the CDL and the commerce, but is not subject to part 391
(2) A driver applicant who does not CLP must contain the information of this subchapter due to an exception
obey traffic laws, causes an accident specified in § 383.153. under § 390.3(f) of this subchapter or an
during the test, or commits any other 30. Revise § 383.153 to read as exemption under § 391.2.
offense listed as an automatic failure in follows: (ix) At the discretion of the State,
AAMVA’s ‘‘2005 CDL Test System’’ additional codes for additional
must automatically fail the test. § 383.153 Information on the CLP and CDL restrictions, as long as each such
(3) If a driver applicant who performs documents and applications. restriction code is fully explained on the
the skills test in a vehicle not equipped (a) Commercial Driver’s License. All front or back of the CDL document.
with any type of air brake system is CDLs must contain all of the following (b) Commercial Learner’s Permit. All
issued a CDL, an air brake restriction information: CLPs must contain all of the following
must be indicated on the license as (1) The prominent statement that the information:
required in § 383.95(a). license is a ‘‘Commercial Driver’s (1) The prominent statement that the
(4) If a driver applicant who performs License’’ or ‘‘CDL,’’ except as specified permit is a ‘‘Commercial Learner’s
the skills test in a vehicle equipped with in paragraph (c) of this section. Permit’’ or ‘‘CLP,’’ except as specified in
air over hydraulic brakes is issued a (2) The full name, signature, and paragraph (c) of this section, and that it
CDL, a full air brake restriction must be mailing or residential address in the is invalid unless accompanied by the
underlying driver’s license issued by the (2) The multipart license document any other State in the course of
same jurisdiction. includes all of the data elements enforcement of the motor vehicle traffic
(2) The full name, signature, and specified in this section. code, but who has not been convicted of
mailing or residential address in the (g) CLP Passenger Vehicle. If an a disqualifying offense under § 383.51 of
permitting State of the person to whom applicant is applying for a passenger this subchapter based on such
the permit is issued. endorsement on a CLP, the State must enforcement, to drive a CMV while
(3) Physical and other information to indicate on the CLP, if issued, that the holding a dated receipt for such CLP or
identify and describe such person person is restricted from operating a CDL.
including date of birth (month, day, and passenger vehicle carrying passengers, 35. Revise § 384.205 to read as
year), sex, and height. except for the CDL holder who is follows:
(4) Color photograph or digitized required to accompany the CLP holder.
31. Revise § 383.155 to read as § 384.205 CDLIS information.
color image of the driver.
(5) The driver’s State license number. follows: Before issuing a CLP or a CDL to any
(6) The name of the State which person, the State must, within the
§ 383.155 Tamperproofing requirements. period of time specified in § 384.232,
issued the permit.
(7) The date of issuance and the date States must make the CLP or CDL perform the check of the Commercial
of expiration of the permit. tamperproof to the maximum extent Driver’s License Information System
(8) The group or groups of commercial practicable. At a minimum, a State must (CDLIS) in accordance with
motor vehicle(s) that the driver is use the same tamperproof method used § 383.73(b)(3)(ii) of this subchapter, and,
authorized to operate, indicated as for noncommercial drivers’ licenses. based on that information, shall issue
follows: the license, or, in the case of adverse
PART 384—STATE COMPLIANCE information, promptly implement the
(i) A for Combination Vehicle; WITH COMMERCIAL DRIVER’S
(ii) B for Heavy Straight Vehicle; and disqualifications, licensing limitations,
LICENSE PROGRAM denials, and/or penalties that are called
(iii) C for Small Vehicle.
(9) The P (for passenger) endorsement, 32. The authority citation for part 384 for in any applicable section(s) of this
if the driver has qualified for that continues to read as follows: subpart.
endorsement. 36. Revise § 384.206 to read as
Authority: 49 U.S.C. 31136, 31301 et seq., follows:
(10) The P restriction placed on the 31502; sec. 103 of Pub. L. 106–159, 113 Stat.
driver from carrying passengers, if the 1753, 1767; sec. 4140 of Pub. L. 109–59, 119 § 384.206 State record checks.
driver has qualified for the passenger (P) Stat. 1144; and 49 CFR 1.73. (a) Issuing State’s records. (1) Before
endorsement. 33. Amend § 384.105(b) by revising issuing a CLP or CDL to any person, the
(11) Any additional jurisdictional the definition of issue and issuance to State must, within the period of time
restrictions that apply to the CLP read as follows: specified in § 384.232, check its own
driving privilege. driving record for such person in
* * * * *
(c) If the CLP or CDL is a Nonresident accordance with § 383.73(b)(3) of this
CLP or CDL, it must contain the § 384.105 Definitions. subchapter.
prominent statement that the license or * * * * * (2) Based on the findings of its own
permit is a ‘‘Nonresident Commercial (b) * * * State record check, the State shall issue
Driver’s License,’’ ‘‘Nonresident CDL,’’ Issue and issuance mean initial the license, or, in the case of adverse
‘‘Nonresident Commercial Learner’s issuance, transfer, renewal, or upgrade information, promptly implement the
Permit,’’ or ‘‘Nonresident CLP,’’ as of a CLP or CDL and Nonresident CLP disqualifications, licensing limitations,
appropriate. The word ‘‘Nonresident’’ or CDL, as described in § 383.73 of this denials, and/or penalties that are called
must be conspicuously and subchapter. for in any applicable section(s) of this
unmistakably displayed, but may be subpart.
* * * * *
noncontiguous with the words 34. Revise § 384.204 to read as (b) Other States’ records. (1) Before
‘‘Commercial Driver’s License,’’ ‘‘CDL,’’ follows: the initial or transfer issuance of a CLP
‘‘Commercial Learner’s Permit,’’ or or CDL to a person, and before renewing
‘‘CLP.’’ § 384.204 CLP or CDL issuance and or upgrading a CLP or CDL held by any
(d) If the State has issued the information. person, the issuing State must:
applicant an air brake restriction as (a) General rule. The State shall (i) Require the applicant to provide
specified in § 383.95, that restriction authorize a person to operate a CMV the names of all States where the
must be indicated on the CLP or CDL. only by issuance of a CLP or CDL, applicant has previously been licensed
(e) Except in the case of a Nonresident unless an exception in § 383.3(c) or (d) to operate any type of motor vehicle
CLP or CDL holder who is domiciled in applies, which contains, at a minimum, during the previous 10 years.
a foreign jurisdiction: the information specified in part 383, (ii) Within the time period specified
(1) A driver applicant must provide subpart J, of this subchapter. in § 384.232, request the complete
his/her Social Security Number on the (b) Exceptions—(1) Training. The driving record from all States where the
application of a CLP or CDL. State may authorize a person, who does applicant was licensed within the
(2) The State must provide the Social not hold a CDL valid for the type of previous 10 years to operate any type of
Security Number to the CDLIS. vehicle in which training occurs, to motor vehicle.
(3) The State is not required to undergo behind-the-wheel training in a (2) States receiving a request for the
include the Social Security Number on CMV only by means of a CLP issued and driving record of a person currently or
the CLP or CDL. used in accordance with § 383.25 of this previously licensed by the State must
(f) The State may issue a multipart subchapter. provide the information within 30 days.
CDL provided— (2) Confiscation of CLP or CDL (3) Based on the findings of the other
(1) Each document is explicitly tied to pending enforcement. A State may State record checks, the issuing State
the other document(s) and to a single allow a CLP or CDL holder whose CLP must, in the case of adverse information,
driver’s record. or CDL is held in trust by that State or promptly implement the
disqualifications, licensing limitations, (c) Any type of driver’s license held 45. Revise § 384.220 to read as
denials, and/or penalties that are called by such person is suspended, revoked, follows:
for in any applicable section(s) of this or canceled by the State where the
§ 384.220 Problem Driver Pointer System
subpart. driver is licensed for any State or local
information.
37. Amend § 384.207 by revising the law related to motor vehicle traffic
control (other than parking violations). Before issuing a CLP or CDL to any
introductory text and paragraph (a) to
41. Revise § 384.211 to read as person, the State must, within the
read as follows:
follows: period of time specified in § 384.232,
§ 384.207 Notification of licensing. perform the check of the Problem Driver
Within the period defined in § 384.211 Surrender of old licenses. Pointer System in accordance with
§ 383.73(h) of this subchapter, the State The State may not initially issue, § 383.73(b)(3)(iii) of this subchapter,
must: upgrade, or transfer a CDL to a person and, based on that information,
(a) Notify the operator of the CDLIS of unless such person first surrenders any promptly implement the
each CLP or CDL issuance; previously issued driver’s license and disqualifications, licensing limitations,
CLP. and/or penalties that are called for in
* * * * * any applicable section(s) of this subpart.
38. Amend § 384.208 by revising 42. Revise § 384.212 to read as
follows: 46. Amend § 384.225 by revising
paragraph (a) to read as follows: paragraphs (a) and (b) to read as follows:
§ 384.208 Notification of disqualification. § 384.212 Domicile requirement.
§ 384.225 Record of violations.
(a) No later than 10 days after (a) The State may issue CDLs or CLPs
only to those persons for whom such * * * * *
disqualifying a CLP or CDL holder (a) CLP or CDL holders. Record and
licensed by another State, or revoking, State is the State of domicile as defined
maintain as part of the driver history all
suspending, or canceling an out-of-State in § 383.5 of this subchapter; except that
convictions, disqualifications and other
CLP or CDL holder’s privilege to operate the State may issue a nonresident CLP
licensing actions for violations of any
a commercial motor vehicle for at least or CDL under the conditions specified
State or local law relating to motor
60 days, the State must notify the State in §§ 383.23(b), 383.71(f), and 383.73(f)
vehicle traffic control (other than a
that issued the license of the of this subchapter.
parking violation) committed in any
disqualification, revocation, suspension, (b) The State must require any person
type of vehicle.
or cancellation. holding a CLP or CDL issued by another
(b) A person required to have a CLP
State to apply for a transfer CLP or CDL
* * * * * or CDL. Record and maintain as part of
from the State within 30 days after
39. Amend § 384.209 by revising the driver history all convictions,
establishing domicile in the State, as
paragraph (a) to read as follows: disqualifications and other licensing
specified in § 383.71(c) of this
actions for violations of any State or
§ 384.209 Notification of traffic violations. subchapter.
local law relating to motor vehicle
43. Revise § 384.214 to read as
(a) Required notification with respect traffic control (other than a parking
follows:
to CLP or CDL holders. Whenever a violation) committed while the driver
person who holds a CLP or CDL from § 384.214 Reciprocity. was operating a CMV.
another State is convicted of a violation The State must allow any person to * * * * *
of any State or local law relating to operate a CMV in the State who is not 47. Revise § 384.226 to read as
motor vehicle traffic control (other than disqualified from operating a CMV and follows:
a parking violation), in any type of who holds a CLP or CDL that is—
vehicle, the licensing entity of the State § 384.226 Prohibition on masking
(a) Issued to him or her by his or her convictions.
in which the conviction occurs must State or jurisdiction of domicile in
notify the licensing entity in the State The State must not mask, defer
accordance with part 383 of this imposition of judgment, or allow an
where the driver is licensed of this subchapter;
conviction within the time period individual to enter into a diversion
(b) Not suspended, revoked, or program that would prevent a CLP or
established in paragraph (c) of this canceled; and
section. CDL driver’s conviction for any
(c) Valid, under the terms of part 383, violation, in any type of motor vehicle,
* * * * * subpart F, of this subchapter, for the of a State or local traffic control law
40. Revise § 384.210 to read as type of vehicle being driven. (except a parking violation) from
follows: 44. Revise § 384.217 to read as appearing on the driver’s record,
follows: whether the driver was convicted for an
§ 384.210 Limitation on licensing.
A State must not knowingly issue a § 384.217 Drug offenses. offense committed in the State where
CLP, a CDL, or a commercial special The State must disqualify from the driver is licensed or another State.
48. Add § 384.227 to read as follows:
license or permit (including a operating a CMV for life any person who
provisional or temporary license) is convicted, as defined in § 383.5 of § 384.227 Record of digital color image or
permitting a person to drive a CMV this subchapter, in any State or photograph.
during a period in which: jurisdiction of a first offense of using a The State must:
(a) A person is disqualified from CMV (or, in the case of a CDL holder, (a) Record the digital color image or
operating a CMV, as disqualification is a non-CMV) in the commission of a photograph that is captured as part of
defined in § 383.5 of this subchapter, or felony described in item (9) of Table 1 the application process and placed on
under the provisions of § 383.73(j) or to § 383.51 of this subchapter. The State the licensing document of every person
§ 384.231(b)(2) of this subchapter; shall not apply the special rule in who is issued a CLP or CDL, as required
(b) The CLP or CDL holder’s § 384.216(b) to lifetime disqualifications under § 383.153. The digital color image
noncommercial driving privilege has imposed for controlled substance or photograph must either be made part
been revoked, suspended, or canceled; felonies as detailed in item (9) of Table of the driver history or be linked to the
or 1 to § 383.51 of this subchapter. driver history in a separate file.
(b) Check the digital color image or (c) Require all third party skills test performed by State and third party CDL
photograph on record whenever the CLP examiners to successfully complete a skills test examiners;
or CDL is renewed, upgraded, or formal CDL test examiner training (c) Establish and maintain a database
transferred and when a duplicate CLP or course and examination before to track pass/fail rates of applicants
CDL is issued. certifying them to administer CDL skills tested by each State and third party CDL
49. Add § 384.228 to read as follows: tests. The training course must cover at skills test examiner, in order to focus
least the six units of instruction in covert and overt monitoring on
§ 384.228 Examiner training and record examiners who have unusually high
paragraph (b) of this section.
checks.
(d) Require State and third party CDL pass or failure rates;
For all State and third party CDL test test examiners to successfully complete (d) Establish and maintain a database
examiners, the State must meet the a refresher training course and of all third party testers and examiners,
following 8 requirements: examination every four years to which at a minimum tracks the dates
(a) Establish examiner training maintain their CDL test examiner and results of audits and monitoring
standards for initial and refresher certification. The refresher training actions by the State, the dates third
training that provides CDL test course must cover at least the following: party testers were certified by the State,
examiners with a fundamental (1) The six units of training described and name and identification number
understanding of the objectives of the in paragraph (b) of this section. each third party CDL skills test
CDL testing program, and with all of the (2) Any State specific material and examiner;
knowledge and skills necessary to serve information related to administering (e) Establish and maintain a database
as a CDL test examiner and assist CDL knowledge and skills tests. of all State CDL skills examiners, which
jurisdictions in meeting the Federal CDL (3) Any new Federal CDL regulations, at a minimum tracks the dates and
testing requirements. updates to administering the tests, and results of monitoring action by the State,
(b) Require all State knowledge and new safety related equipment on the and the name and identification number
skills test examiners to successfully vehicles. of each State CDL skills examiner; and
complete a formal CDL test examiner (e) Complete criminal background (f) Establish and maintain a database
training course and examination before checks of all skills test examiners prior that tracks skills tests administered by
certifying them to administer CDL to certifying them to administer CDL each State and third party CDL skills
knowledge and skills tests. The training skills tests. test examiner’s name and identification
course must cover at least the following (f) Complete an annual criminal number.
six units of instruction: background check of all test examiners. 51. Amend § 384.231 by revising
(1) Introduction to CDL Licensing (g) Maintain a record of the results of paragraph (b) to read as follows:
System: criminal background checks and CDL
(i) The Commercial Motor Vehicle § 384.231 Satisfaction of State
examiner test training and certification
Safety Act of 1986. disqualification requirement.
of all CDL test examiners.
(ii) Drivers covered by CDL program. (h) Rescind the certification to * * * * *
(iii) CDL vehicle classification. administer CDL tests of all test (b) Required action—(1) CLP or CDL
(iv) CDL endorsements and examiners who: holders. A State must satisfy the
restrictions. (1) Do not successfully complete the requirement of this subpart that the
(2) Overview of the CDL tests: required annual refresher training; or State disqualify a person who holds a
(i) CDL test, classifications, and (2) Do not pass annual criminal CLP or a CDL by, at a minimum,
endorsements. background checks. Criteria for not suspending, revoking, or canceling the
(ii) Different examinations. passing the criminal background check person’s CLP or CDL for the applicable
(iii) Representative vehicles. must include at least the following: period of disqualification.
(iv) Validity and reliability. (i) Any felony conviction within the (2) A person required to have a CLP
(v) Test maintenance. last 10 years; or or CDL. A State must satisfy the
(3) Knowledge tests: (ii) Any conviction involving requirement of this subpart that the
(i) General knowledge tests. fraudulent activities. State disqualify a person required to
(ii) Specialized knowledge tests. (i) The six units of training described have a CLP or CDL who is convicted of
(iii) Selecting the appropriate tests in paragraph (b) of this section may be an offense or offenses necessitating
and test forms. supplemented with State specific disqualification under § 383.51 of this
(iv) Knowledge test administration. material and information related to subchapter. At a minimum, the State
(4) Vehicle inspection test: administering CDL knowledge and skills must implement the limitation on
(i) Test overview. tests. licensing provisions of § 384.210 and
(ii) Description of safety rules. 50. Add § 384.229 to read as follows: the timing and recordkeeping
(iii) Test scoring procedures. requirements of paragraphs (c) and (d)
(iv) Scoring standards. § 384.229 Skills test examiner auditing and of this section so as to prevent such a
(v) Calculating final score. monitoring. person from legally obtaining a CLP or
(5) Basic control skills testing: To ensure the integrity of the CDL CDL from any State during the
(i) Setting up the basic control skills skills testing program, the State must: applicable disqualification period(s)
course. (a) At least annually, conduct specified in this subpart.
(ii) Description of safety rules. unannounced on-site inspections of * * * * *
(iii) General scoring procedures. third party testers’ and examiners’ 52. Amend § 384.301 by revising
(iv) Administering the test. records, including comparison of the
paragraph (c) to read as follows:

(v) Calculating the score. CDL skills test results of CDL applicants
(6) Road test: who are issued CDLs with the CDL § 384.301 Substantial compliance—
(i) Setting up the road test. scoring sheets that are maintained in the general requirements.
(ii) Required maneuvers. third party testers’ files; * * * * *
(iii) Administering the road test. (b) At least annually, conduct covert (c) A State must come into substantial
(iv) Calculating the score. and overt monitoring of examinations compliance with the requirements of
subpart B of this part in effect as of (c) Standard for considering (g) State’s right to judicial review. Any
[effective date of final rule] as soon as deficiencies. The deficiencies described State aggrieved by an adverse decision
practical but, unless otherwise in paragraph (b) of this section must under this section may seek judicial
specifically provided in this part, not affect a substantial number of either CLP review under 5 U.S.C. Chapter 7.
later than [3 years after effective date of and CDL applicants or drivers. (h) Validity of previously issued CLPs
final rule]. (d) Decertification: preliminary or CDLs. A CLP or CDL issued by a State
53. Revise § 384.405 to read as determination. If the Administrator prior to the date the State is prohibited
follows: finds that a State is in substantial
from issuing CLPs or CDLs in
noncompliance with subpart B of this
§ 384.405 Decertification of State CDL accordance with provisions of
part, as indicated by the factors
program. paragraph (a) of this section, will remain
specified in paragraph (b) of this
(a) Prohibition on CLP or CDL valid until its stated expiration date.
section, among other things, the FMCSA
transactions. The Administrator may will inform the State that it has made a PART 385—SAFETY FITNESS
prohibit a State found to be in preliminary determination of PROCEDURES
substantial noncompliance from noncompliance and that the State’s CDL
performing any of the following CLP or program may therefore be decertified. 54. The authority citation for part 385
CDL transactions: Any response from the State, including continues to read as follows:
(1) Initial issuance. factual or legal arguments or a plan to
(2) Renewal. Authority: 49 U.S.C. 113, 504, 521(b),
correct the noncompliance, must be
(3) Transfer. 5105(e), 5109, 5113, 13901–13905, 31136,
submitted within 30 calendar days after 31144, 31148, and 31502; Sec. 350 of Pub. L.
(4) Upgrade. receipt of the preliminary 107–87; and 49 CFR 1.73.
(b) Conditions considered in making determination.
decertification determination. The (e) Decertification: final 55. Amend appendix B to part 385,
Administrator will consider, but is not determination. If, after considering all section VII, List of Acute and Critical
limited to, the following five conditions material submitted by the State in Regulations, by redesignating the entries
in determining whether the CDL response to the FMCSA preliminary for §§ 383.37(a) and 383.37(b) as
program of a State in substantial determination, the Administrator §§ 383.37(b) and 383.37(c) and adding a
noncompliance should be decertified: decides that substantial noncompliance new entry for § 383.37(a) to read as
(1) The State computer system does exists which warrants decertification of follows:
not check the Commercial Driver’s the CDL program, he or she will issue
License Information System (CDLIS) a decertification order prohibiting the Appendix B to Part 385—Explanation
and/or National Driver Registry Problem State from issuing CLPs and CDLs until of Safety Rating Process
Driver Pointer System (PDPS) as such time as the Administrator * * * * *
required by § 383.73 of this subchapter determines that the condition(s) causing
when issuing, renewing, transferring, or VII. LIST OF ACUTE AND CRITICAL
the decertification has (have) been REGULATIONS
upgrading a CLP or CDL. corrected.
(2) The State does not disqualify (f) Recertification of a State. The * * * * *
drivers convicted of disqualifying Governor of the decertified State or his § 383.37(a) Knowingly allowing, requiring,
permitting, or authorizing an employee who
offenses in commercial motor vehicles. or her designated representative must
does not have a current CLP or CDL, who
(3) The State does not transmit submit a certification and does not have a CLP or CDL with the proper
convictions for out of State drivers to documentation that the condition class or endorsements, or who operates a
the State where the driver is licensed. causing the decertification has been CMV in violation of any restriction on the
(4) The State does not properly corrected. If the FMCSA determines that CLP or CDL to operate a CMV (acute).
administer knowledge and/or skills tests the condition causing the decertification * * * * *
to CLP or CDL applicants or drivers. has been satisfactorily corrected, the Issued on: March 31, 2008.
(5) The State fails to submit a Administrator will issue a
John H. Hill,
corrective action plan for a substantial recertification order, including any
compliance deficiency or fails to conditions that must be met in order to Administrator.
implement a corrective action plan begin issuing CLPs and CDLs in the [FR Doc. E8–7070 Filed 4–8–08; 8:45 am]
within the agreed upon time frame. State. BILLING CODE 4910–EX–P

Proposed Rule: Commercial Driver&#39;s License Testing and Commercial Learner&#39;s Permit Standards

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Wednesday,

49 CFR Parts 383, 384, and 385

9. Preconditions To Taking the CDL Skills on Masking Convictions; 384.231,

the REAL ID rule and the differences

his or her State of domicile to obtain a 5. State Reciprocity for CLPs

persons, and to all States.

endorsement, that is, both a ‘‘P’’ and an

TABLE 1.—COSTS OF RULE

Skills Test Training ...... 280,000 0 0 0 560,000 560,000 1,400,000

Total ...................... 12,423,150 1,943,150 1,943,150 1,943,150 2,503,150 10,275,750 31,031,500

TABLE 1.—COSTS OF RULE—Continued

TABLE 2.—COST PER DRIVER OF OUT-OF-STATE TRAINING ALTERNATIVES

Driver’s License Costs ..................................................................................................... $22.10 N/A N/A

Total Cost to Driver .................................................................................................. 129.28 78.91 62.03

TABLE 3.—TOTAL COST SAVINGS FOR ALTERNATIVES

Number of licensing transactions .................................................................................... 4 3 2

Total .......................................................................................................................... 24,888,000 16,463,900 12,125,580

Cost Savings over baseline ...................................................................................... NA 8,424,100 12,762,420

TABLE 4.—COMPARISON OF TOTAL BENEFITS AND COSTS

Net Benefit ................................................................................................................................................ 37,472,698 70,076,180

driver safety. However, this rule should

* * * * * 3 to § 383.51 contains a list of the or CDL is disqualified, when the driver

* * * * * contains a list of the offenses and disqualified when the driver is

TABLE 1 TO § 383.71.—LIST OF ACCEPTABLE PROOFS OF CITIZENSHIP OR IMMIGRATION

U.S. Citizen .......................... • U.S. Passport.

year and the past two calendar years;

(ii) Air brakes. vehicle to negotiate and then make left

paragraph (c) to read as follows:

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Proposed Rule: Commercial Driver's License Testing and Commercial Learner's Permit Standards

Proposed Rule: Commercial Driver's License Testing and Commercial Learner's Permit Standards