[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR380.111]



[Page 144-145]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 380_SPECIAL TRAINING REQUIREMENTS--Table of Contents

 

 Subpart A_Longer Combination Vehicle (LCV) Driver-Training and Driver-

                     Instructor Requirements_General

 

Sec. 380.111  Substitute for driver training.



    (a) Grandfather clause. The LCV driver-training requirements 

specified in subpart B of this part do not apply to an individual who 

meets the conditions set forth in paragraphs (b), (c), and (d) of this 

section. A motor carrier must ensure that an individual claiming 

eligibility to operate an LCV on the basis of this section meets these 

conditions before allowing him/her to operate an LCV.

    (b) An individual must certify that, during the 2-year period 

immediately preceding the date of application for a Certificate of 

Grandfathering, he/she had:

    (1) A valid Class A CDL with a ``double/triple trailers'' 

endorsement;

    (2) No more than one driver's license;

    (3) No suspension, revocation, or cancellation of his/her CDL;

    (4) No convictions for a major offense while operating a CMV as 

defined in Sec. 383.51(b) of this subchapter;

    (5) No convictions for a railroad-highway grade crossing offense 

while operating a CMV as defined in Sec. 383.51(d) of this subchapter;

    (6) No convictions for violating an out-of-service order as defined 

in Sec. 383.51(e) of this subchapter;

    (7) No more than one conviction for a serious traffic violation, as 

defined in Sec. 383.5 of this subchapter, while operating a CMV; and

    (8) No convictions for a violation of State or local law relating to 

motor vehicle traffic control arising in connection with any traffic 

crash while operating a CMV.

    (c) An individual must certify and provide evidence that he/she:

    (1) Is regularly employed in a job requiring the operation of a CMV 

that requires a CDL with a double/triple trailers endorsement; and

    (2) Has operated, during the 2 years immediately preceding the date 

of application for a Certificate of Grandfathering, vehicles 

representative of the type of LCV that he/she seeks to continue 

operating.

    (d) A motor carrier must issue a Certificate of Grandfathering to a 

person who meets the requirements of this section and must maintain a 

copy of the certificate in the individual's Driver Qualification file.



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    (e) An applicant may be grandfathered under this section only during 

the year following June 1, 2004.