[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR383.23]

[Page 194]
 
                        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]

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