[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: 49CFR383.23]



[Page 184]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 383_COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 

PENALTIES--Table of Contents

 

                  Subpart B_Single License Requirement

 

Sec. 383.23  Commercial driver's license.



    (a) General rule. (1) Effective April 1, 1992, no person shall 

operate a commercial motor vehicle unless such person has taken and 

passed written and driving tests which meet the Federal standards 

contained in subparts F, G, and H of this part for the commercial motor 

vehicle that person operates or expects to operate.

    (2) Except as provided in paragraph (b) of this section, no person 

may legally operate a CMV unless such person possesses a CDL which meets 

the standards contained in subpart J of this part, issued by his/her 

State or jurisdiction of domicile.

    (b) Exception. (1) If a CMV operator is not domiciled in a foreign 

jurisdiction which the Administrator has determined tests drivers and 

issues CDLs in accordance with, or under standards similar to, the 

standards contained in subparts F, G, and H of this part, the person may 

obtain a Nonresident CDL from a State which does comply with the testing 

and licensing standards contained in such subparts F, G, and H of this 

part.\1\

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    \1\ Effective December 29, 1988, the Administrator determined that 

commercial drivers' licensees issued by Canadian Provinces and 

Territories in conformity with the Canadian National Safety Code are in 

accordance with the standards of this part. Effective November 21, 1991, 

the Administrator determined that the new Licencias Federales de 

Conductor issued by the United Mexican States are in accordance with the 

standards of this part. Therefore, under the single license provision of 

Sec. 383.21, a driver holding a commercial driver's license issued 

under the Canadian National Safety Code or a new Licencia Federal de 

Conductor issued by Mexico is prohibited from obtaining nonresident CDL, 

or any other type of driver's license, from a State or other 

jurisdiction in the United States.

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    (2) If an individual is domiciled in a State while that State is 

prohibited from issuing CDLs in accordance with Sec. 384.405 of this 

subchapter, that individual is eligible to obtain a Nonresident CDL from 

any State that elects to issue a Nonresident CDL and which complies with 

the testing and licensing standards contained in subparts F, G, and H of 

this part.

    (c) Learner's permit. State learners' permits, issued for limited 

time periods according to State requirements, shall be considered valid 

commercial drivers' licenses for purposes of behind-the-wheel training 

on public roads or highways, if the following minimum conditions are 

met:

    (1) The learner's permit holder is at all times accompanied by the 

holder of a valid CDL;

    (2) He/she either holds a valid automobile driver's license, or has 

passed such vision, sign/symbol, and knowledge tests as the State 

issuing the learner's permit ordinarily administers to applicants for 

automotive drivers' licenses; and

    (3) He/she does not operate a commercial motor vehicle transporting 

hazardous materials as defined in Sec. 383.5.



[53 FR 27649, July 21, 1988, as amended at 54 FR 22285, May 23, 1989; 57 

FR 31457, July 16, 1992; 67 FR 49756, July 31, 2002; 68 FR 23849, May 5, 

2003]