[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: 49CFR383.71]
[Page 190-192]
TITLE 49--TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
PART 383_COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES--Table of Contents
Subpart E_Testing and Licensing Procedures
Sec. 383.71 Driver application procedures.
Source: 53 FR 27649, July 21, 1988, unless otherwise noted.
(a) Initial Commercial Driver's License. Prior to obtaining a CDL, a
person must meet the following requirements:
(1) A person who operates or expects to operate in interstate or
foreign commerce, or is otherwise subject to part 391 of this title,
shall certify that he/she meets the qualification requirements contained
in part 391 of this title. A person who operates or expects to operate
entirely in intrastate commerce and is not subject to part 391, is
subject to State driver qualification requirements and must certify that
he/she is not subject to part 391;
(2) Pass a knowledge test in accordance with the standards contained
in subparts G and H of this part for the type of motor vehicle the
person operates or expects to operate;
(3) Pass a driving or skills test in accordance with the standards
contained in subparts G and H of this part taken in a motor vehicle
which is representative of the type of motor vehicle the person operates
or expects to operate; or provide evidence that he/she has successfully
passed a driving test administered by an authorized third party;
(4) Certify that the motor vehicle in which the person takes the
driving
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skills test is representative of the type of motor vehicle that person
operates or expects to operate;
(5) Provide to the State of issuance the information required to be
included on the CDL as specified in subpart J of this part;
(6) Certify that he/she is not subject to any disqualification under
Sec. 383.51, or any license suspension, revocation, or cancellation
under State law, and that he/she does not have a driver's license from
more than one State or jurisdiction;
(7) Surrender the applicant's non-CDL driver's licenses to the
State; and
(8) Provide the names of all States where the applicant has
previously been licensed to drive any type of motor vehicle during the
previous 10 years.
(9) If applying for a hazardous materials endorsement, comply with
Transportation Security Administration requirements codified in 49 CFR
Part 1572, and provide proof of citizenship or immigration status as
specified in Table 1 to this section. A lawful permanent resident of the
United States requesting a hazardous materials endorsement must
additionally provide his or her Bureau of Citizenship and Immigration
Services (BCIS) Alien registration number.
Table 1 to Sec. 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)
------------------------------------------------------------------------
(b) License transfer. When applying to transfer a CDL from one State
of domicile to a new State domicile, an applicant shall apply for a CDL
from the new State of domicile within no more than 30 days after
establishing his/her new domicile. The applicant shall:
(1) Provide to the new State of domicile the certifications
contained in Sec. 383.71(a) (1) and (6):
(2) Provide to the new State of domicile updated information as
specified in subpart J of this part;
(3) If the applicant wishes to retain a hazardous materials
endorsement, he/she must comply with the requirements for such
endorsement specified in Sec. 383.71(a)(9) and State requirements as
specified in Sec. 383.73(b)(4);
(4) Surrender the CDL from the old State of domicile to the new
State of domicile; and
(5) Provide the names of all States where the applicant has
previously been licensed to drive any type of motor vehicle during the
previous 10 years.
(c) License renewal. When applying for a renewal of a CDL, all
applicants shall:
(1) Provide certification contained in Sec. 383.71(a)(1);
(2) Provide update information as specified in subpart J of this
part; and
(3) If a person wishes to retain a hazardous materials endorsement,
he/she must comply with the requirements specified in Sec. 383.71(a)(9)
and pass the test specified in Sec. 383.121 for such endorsement.
(4) Provide the names of all States where the applicant has
previously been licensed to drive any type of motor vehicle during the
previous 10 years.
(d) License upgrades. When applying to operate a commercial motor
vehicle in a different group or endorsement from the group or
endorsement in which the applicant already has a CDL, all persons shall:
(1) Provide the necessary certifications as specified in Sec.
383.71(a)(1) and (a)(4);
(2) Pass all tests specified in Sec. 383.71(a)(2) and (a)(3) for
the new vehicle group and/or different endorsements; and
[[Page 192]]
(3) To obtain a hazardous materials endorsement, comply with the
requirements for such endorsement specified in Sec. 383.71(a)(9).
(e) Nonresident CDL. When an applicant is domiciled in a foreign
jurisdiction, as defined in Sec. 383.5, where the commercial motor
vehicle operator testing and licensing standards do not meet the
standards contained in subparts G and H of this part, as determined by
the Administrator, such applicant shall obtain a Nonresident CDL from a
State which meets such standards. Such applicant shall:
(1) Complete the requirements to obtain a CDL contained in Sec.
383.71(a); and
(2) After receipt of the CDL, and for as long as it is valid, notify
the State which issued the CDL of any adverse action taken by any
jurisdiction or governmental agency, foreign or domestic, against his/
her driving privileges. Such adverse actions would include but not be
limited to license suspension or revocation, or disqualification from
operating a commercial motor vehicle for the convictions described in
Sec. 383.51. Notifications shall be made within the time periods
specified in Sec. 383.33.
(f) If a State uses the alternative method described in Sec.
383.73(i) to achieve the objectives of the certifications in Sec.
383.71(a), then the driver applicant shall satisfy such alternative
methods as are applicable to him/her with respect to initial licensing,
license transfer, license renewal, and license upgrades.
[53 FR 27649, July 21, 1988, as amended at 67 FR 49759, July 31, 2002;
68 FR 23849, May 5, 2003]