[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: 49CFR383.77]



[Page 194-195]

 

                        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. 383.77  Substitute for driving skills tests.



    At the discretion of a State, the driving skill test as specified in 

Sec. 383.113 may be waived for a CMV operator who is currently licensed 

at the time of his/her application for a CDL, and substituted with 

either an applicant's driving record and previous passage of an 

acceptable skills test, or an applicant's driving record in combination 

with certain driving experience. The State shall impose conditions and 

limitations to restrict the applicants from whom a State may accept 

alternative requirements for the skills test described in Sec. 383.113. 

Such conditions must require at least the following:

    (a) An applicant must certify that, during the two-year period 

immediately prior to applying for a CDL, he/she:

    (1) Has not had more than one license (except in the instances 

specified in Sec. 383.21(b));

    (2) Has not had any license suspended, revoked, or canceled;

    (3) Has not had any convictions for any type of motor vehicle for 

the disqualifying offenses contained in Sec. 383.51(b);

    (4) Has not had more than one conviction for any type of motor 

vehicle for serious traffic violations; and

    (5) Has not had any conviction for a violation of State or local law 

relating to motor vehicle traffic control (other than a parking 

violation) arising in connection with any traffic accident, and has no 

record of an accident in which he/she was at fault; and

    (b) An applicant must provide evidence and certify that:

    (1) He/she is regularly employed in a job requiring operation of a 

CMV, and that either:



[[Page 195]]



    (2) He/she has previously taken and passed a skills test given by a 

State with a classified licensing and testing system, and that the test 

was behind-the-wheel in a representative vehicle for that applicant's 

driver's license classification; or

    (3) He/she has operated, for at least 2 years immediately preceding 

application for a CDL, a vehicle representative of the commercial motor 

vehicle the driver applicant operates or expects to operate.



[53 FR 27649, July 21, 1988, as amended at 55 FR 25606, June 22, 1990; 

67 FR 49760, July 31, 2002]