[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: 49CFR383.77]

[Page 204-205]
 
                        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:
    (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

[[Page 205]]

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]