ÿWPCC ûÿ2BÿÿVPÿÿZ¦ÿÿ#|x10cpiðÿÿ‰?xxx,Ûwôxþ6X@É“8Ç;X@þþþþþþþÿþÿÿÿþÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿHP LaserJet IIIHPLASIII.PRSÛx Œ @ɇÏ,\,ðÛbˆX@#|xûÿ2#: Z]X·ÿÿJCourier 10cpiCourier 10cpi (Bold)HP LaserJet IIIHPLASIII.PRSÛx Œ @ɇÏ,\,ðÛbˆX@ðÿÿ‰?xxx,Ãôxþ6X@É“8Ç;X@þþþþþþþÿþÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ¢ÿÿ‰?xxx,äÈôxÐ `É•BÇ;X€þþþþþþþÿÿÿÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ¢ÿÿØÿÿàÿÿ|ÿÿàÿÿ|ÿÿøÿÿ|ÿÿ6ÿÿ|ÿÿ’ÿÿÐÿÿÿÿ²ÿÿÿÿøÿÿÿÿÿÿ6ÿÿÿÿºÿÿºÿÿ\ºÿÿlÿÿ*€ŸÿÿŸ€ÿÿŸÿÿ ŸÿÿŸÿÿ€ŸMÿÿNŸÿÿŸ*€ÿÿ€ŸNÿÿ8ŸÿÿŸ*ûÿ2AÔ ‰? Ôà ÃÄ ÄÁà4ìÁTITLE 49, CODE OF FEDERAL REGULATIONS, CHAPTER IIIƒ Áàxì!Á(Oct. 1993 edition)ƒ PART 383 -- COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES Subpart A -- General Sec. 383.1 Purpose and scope. 383.3 Applicability. 383.5 Definitions. 383.7 Waiver provisions. Subpart B -- Single License Requirement 383.21 Number of drivers' licenses. 383.23 Commercial driver's license. Subpart C -- Notification Requirements and Employer Responsibilities 383.31 Notification of convictions for driver violations. 383.33 Notification of driver's license suspensions. 383.35 Notification of previous employment. 383.37 Employer responsibilities. Subpart D -- Driver Disqualifications and Penalties 383.51 Disqualification of drivers. 383.53 Penalties. Subpart E -- Testing and Licensing Procedures 383.71 Driver application procedures. 383.72 Implied consent to alcohol testing. 383.73 State procedures. 383.75 Third party testing. 383.77 Substitute for driving skills tests. Subpart F -- Vehicle Groups and Endorsements 383.91 Commercial motor vehicle groups. 383.93 Endorsements. 383.95 Air brake restrictions. Subpart G -- Required Knowledge and Skills 383.110 General requirement. 383.111 Required knowledge. 383.113 Required skills. 383.115 Requirements for double/triple trailers endorsement. 383.117 Requirements for passenger endorsement. 383.119 Requirements for tank vehicle endorsement. 383.121 Requirements for hazardous materials endorsement.Ôh)0*0*0*°°ÔŒ™Appendix to Subpart G -- Required Knowledge and Skills -- Sample Guidelines Subpart H -- Tests 383.131 Test procedures. 383.133 Testing methods. 383.135 Minimum passing scores. Subpart I -- [Reserved] Subpart J -- Commercial Driver's License Document 383.151 General. 383.153 Information on the document and application. 383.155 Tamperproofing requirements. Authority: 49 U.S.C. 3102; 49 U.S.C app. 12701 et seq; 49 CFR 1.48. Source: 52 FR 20587, June 1, 1987, unless otherwise noted. Subpart A -- General ÀÀ 383.1 Purpose and scope. (a) The purpose of this part is to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver's license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner. (b) This part: (1) Prohibits a commercial motor vehicle driver from having more than one commercial motor vehicle driver's license; (2) Requires a driver to notify the driver's current employer and the driver's State of domicile of certain convictions; (3) Requires that a driver provide previous employment information when applying for employment as an operator of a commercial motor vehicle; (4) Prohibits an employer from allowing a person with a suspended license to operate a commercial motor vehicle; (5) Establishes periods of disqualification and penalties for those persons convicted of certain criminal and other offenses and serious traffic violations, or subject to any suspensions, revocations, or cancellations of certain driving privileges; (6) Establishes testing and licensing requirements forÔh)0*0*0*°°Ô commercial motor vehicle operators; (7) Requires States to give knowledge and skills tests to all qualified applicants for commercial drivers' licenses which meet the Federal standard; (8) Sets forth commercial motor vehicle groups and endorsements; (9) Sets forth the knowledge and skills test requirements for the motor vehicle groups and endorsements; (10) Sets forth the Federal standards for procedures, methods, and minimum passing scores for States and others to use in testing and licensing commercial motor vehicle operators; and (11) Establishes requirements for the State issued commercial license documentation. [52 FR 20587, June 1, 1987, as amended at 53 FR 27648, July 21, 1988; 54 FR 40787, Oct. 3, 1989] ÀÀ 383.3 Applicability. The rules in this part apply to every person who operates a commercial motor vehicle in interstate, foreign, or intrastate commerce, and to all employers of such persons. ÀÀ 383.5 Definitions. As used in this part: Administrator means the Federal Highway Administrator, the chief executive of the Federal Highway Administration, an agency within the Department of Transportation. Alcohol or alcoholic beverage means: (a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (b) wine of not less than one-half of one per centum of alcohol by volume, or (c) distilled spirits as defined in section 5002(a)(8), of such Code. Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, andÔh)0*0*0*°°Ô transportation described in paragraph (a) of this definition. Commercial driver's license (CDL) means a license issued by a State or other jurisdiction, in accordance with the standards contained in 49 CFR part 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle. Commercial driver's license information system (CDLIS) means the CDLIS established by FHWA pursuant to section 12007 of the Commercial Motor Vehicle Safety Act of 1986. Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle -- (a) Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (b) Has a gross vehicle weight rating of 26,001 or more pounds; or (c) Is designed to transport 16 or more passengers, including the driver; or (d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F). Controlled substance has the meaning such term has under section 102(6), of the Controlled Substances Act (21 U.S.C. 802(6)) and includes all substances listed on schedules I through V of 21 CFR part 1308, as they may be revised from time to time. Schedule I substances are identified in appendix D of this subchapter and schedules II through V are identified in appendix E of this subchapter. Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.'' Disqualification means either: (a) The suspension, revocation, cancellation, or any other withdrawal by a State of a person's privileges to drive a commercial motor vehicle; orÔh)0*0*0*°°ÔŒ™ (b) A determination by the FHWA, under the rules of practice for motor carrier safety contained in part 386 of this title, that a person is no longer qualified to operate a commercial motor vehicle under part 391; or (c) The loss of qualification which automatically follows conviction of an offense listed in ÀÀ 383.51. Driver applicant means an individual who applies to a State to obtain, transfer, upgrade, or renew a CDL. Driver's license means a license issued by a State or other jurisdiction, to an individual which authorizes the individual to operate a motor vehicle on the highways. Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV: driving a CMV while the person's alcohol concentration is 0.04 percent or more; driving under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of ÀÀ 383.51(b)(2)(i)(A) or (B), or ÀÀ 392.5(a)(2). Employee means any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer. Employer means any person (including the United States, a State, District of Columbia or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle. Endorsement means an authorization to an individual's CDL required to permit the individual to operate certain types of commercial motor vehicles. Felony means an offense under State or Federal law that is punishable by death or imprisonment for a term exceeding 1 year. Foreign means outside the fifty United States and the District of Columbia. Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon. Ôh)0*0*0*°°ÔŒ™ Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle. Hazardous materials has the meaning such term has under section 103 of the Hazardous Materials Transportation Act. Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, semitrailer operated exclusively on a rail. Nonresident CDL means a CDL issued by a State to an individual domiciled in a foreign country. Representative vehicle means a motor vehicle which represents the type of motor vehicle that a driver applicant operates or expects to operate. Serious traffic violation means conviction, when operating a commercial motor vehicle, of: (a) Excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit; (b) Reckless driving, as defined by State or local law or regulation, including but not limited to offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property; (c) Improper or erratic traffic lane changes; (d) Following the vehicle ahead too closely; or (e) A violation, arising in connection with a fatal accident, of State or local law relating to motor vehicle traffic control (other than a parking violation). (Serious traffic violations exclude vehicle weight and defect violations.) State means a State of the United States and the District of Columbia. State of domicile means that State where a person has his/her true, fixed, and permanent home and principal residence and to which he/she has the intention of returning whenever he/she is absent. Tank vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in part 171 of thisÔh)0*0*0*°°Ô title. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons. United States the term United States means the 50 States and the District of Columbia. Vehicle means a motor vehicle unless otherwise specified. Vehicle group means a class or type of vehicle with certain operating characteristics. [52 FR 20587, June 1, 1987, as amended at 53 FR 27648, July 21, 1988; 53 FR 39050, Oct. 4, 1988; 54 FR 40787, Oct. 3, 1989] ÀÀ 383.7 Waiver provisions. (a) Any person subject to a requirement of this part may petition the Administrator for a waiver of compliance by a class of persons or a class of commercial motor vehicles with such requirement. (b) Each petition for a waiver under this section shall be made in writing, preferably in triplicate, and shall: (1) Include the name and complete address of petitioner; (2) Identify the requirement the petitioner wants waived and any information in support of the request; (3) Identify the class of persons or class of commercial motor vehicle for which the waiver is sought. (4) Identify the type of operation addressed in the petition. (5) Indicate what benefit would be derived from the issuance of a waiver. (6) Indicate why the petition, if granted, would not diminish the safe operation of commercial motor vehicles. (7) Include any other pertinent material the Administrator may require. (c) If the Administrator determines that the petition is without merit, the Administrator may deny the petition. Notice of the denial, with the reasons therefor, will be provided to the petitioner in writing. (d) If the Administrator determines that the petition may have merit, notice of the petition will be published in the Federal Register, and interested persons will be afforded an opportunity to comment thereon. After such notice and opportunity for comment, theÔh)0*0*0*°°Ô Administrator may grant or deny the petition. Notice of the disposition of the petition, with the reasons therefor, will be published in the Federal Register. Subpart B -- Single License Requirement ÀÀ 383.21 Number of drivers' licenses. (a) No person who operates a commercial motor vehicle shall at any time have more than one driver's license. (b) Exception: (1) During the 10-day period beginning on the date such person is issued a driver's license, a person may hold more than one driver's license. (2) A person may have more than one driver's license if a State law enacted before June 1, 1986, required the person to have more than one driver's license. After December 31, 1989, this exception shall not apply. ÀÀ 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) Effective April 1, 1992, except as provided in paragraph (b) of this section, no person shall operate a commercial motor vehicle 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. If a commercial motor vehicle operator is domiciled in a foreign jurisdiction which, as determined by the Administrator, does not test drivers and issue a CDL in accordance with, or similar to, the standards contained in subparts F, G, and H of this part, the person shall obtain a Nonresident CDL from a State which does comply with the testing and licensing standards contained in such subparts F, G, and H.\1\ (FOOTNOTE) (FOOTNOTE) \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 MexicanÔh)0*0*0*°°Ô States are in accordance with the standards of this part. Therefore, under the single license provision of ÀÀ 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. (c) Learner's permit. State learner's 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 time accompanied by the holder of a valid CDL; and (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 automobile drivers' licenses. [53 FR 27649, July 21, 1988, as amended at 54 FR 22285, May 23, 1989; 57 FR 31457, July 16, 1992] Subpart C -- Notification Requirements and Employer Responsibilities ÀÀ 383.31 Notification of convictions for driver violations. (a) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation) in a State or jurisdiction other than the one which issued his/her license, shall notify an official designated by the State or jurisdiction which issued such license, of such conviction. The notification must be made within 30 days after the date that the person has been convicted. (b) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation), shall notify his/her current employer of such conviction. The notification must be made within 30 days after the date that the person has been convicted. If the driver is not currently employed, he/she must notify the State or jurisdiction which issued the license according to ÀÀ 383.31(a). Ôh) 0*0*0*°°ÔŒ (c) Notification. The notification to the State official and employer must be made in writing and contain the following information: (1) Driver's full name; (2) Driver's license number; (3) Date of conviction; (4) The specific criminal or other offense(s), serious traffic violation(s), and other violation(s) of State or local law relating to motor vehicle traffic control, for which the person was convicted and any suspension, revocation, or cancellation of certain driving privileges which resulted from such conviction(s); (5) Indication whether the violation was in a commercial motor vehicle; (6) Location of offense; and (7) Driver's signature. [52 FR 20587, June 1, 1987, as amended at 54 FR 40787, Oct. 3, 1989] ÀÀ 383.33 Notification of driver's license suspensions. Each employee who has a driver's license suspended, revoked, or canceled by a State or jurisdiction, who loses the right to operate a commercial motor vehicle in a State or jurisdiction for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify his/her current employer of such suspension, revocation, cancellation, lost privilege, or disqualification. The notification must be made before the end of the business day following the day the employee received notice of the suspension, revocation, cancellation, lost privilege, or disqualification. [54 FR 40788, Oct. 3, 1989] ÀÀ 383.35 Notification of previous employment. (a) Any person applying for employment as an operator of a commercial motor vehicle shall provide at the time of application for employment, the information specified in paragraph (c) of this section. (b) All employers shall request the information specified in paragraph (c) of this section from all persons applying for employment as a commercial motor vehicle operator. The request shall be made at the time of application for employment.Ôh) 0*0*0*°°ÔŒ™ (c) The following employment history information for the 10 years preceding the date the application is submitted shall be presented to the prospective employer by the applicant: (1) A list of the names and addresses of the applicant's previous employers for which the applicant was an operator of a commercial motor vehicle; (2) The dates the applicant was employed by these employers; and (3) The reason for leaving such employment. (d) The applicant shall certify that all information furnished is true and complete. (e) An employer may require an applicant to provide additional information. (f) Before an application is submitted, the employer shall inform the applicant that the information he/she provides in accordance with paragraph (c) of this section may be used, and the applicant's previous employers may be contacted for the purpose of investigating the applicant's work history. ÀÀ 383.37 Employer responsibilities. No employer shall knowingly allow, require, permit, or authorize an employee to operate a commercial motor vehicle in the United States during any period -- (a) In which the employee has a commercial motor vehicle driver's license suspended, revoked, or canceled by a State, has lost the right to operate a commercial motor vehicle in a State, or has been disqualified from operating a commercial motor vehicle; or (b) In which the employee has more than one commercial motor vehicle driver's license, except during the 10-day period beginning on the date such employee is issued a driver's license and except, whenever a State law enacted on or before June 1, 1986, requires such employee to have more than one driver's license. The second exception shall not be effective after December 31, 1989. [52 FR 20587, June 1, 1987; 52 FR 32926, Sept. 1, 1987] Subpart D -- Driver Disqualifications and Penalties ÀÀ 383.51 Disqualification of drivers. (a) General. A driver who is disqualified shall not drive a commercial motor vehicle. An employer shall not knowingly allow,Ôh) 0*0*0*°°Ô require, permit, or authorize a driver who is disqualified to drive a commercial motor vehicle. (b) Disqualification for driving while under the influence, leaving the scene of an accident, or commission of a felony. (1) General rule. A driver who is convicted of a disqualifying offense specified in paragraph (b)(2) of this section, is disqualified for the period of time specified in paragraph (b)(3) of this section, if the offense was committed while operating a commercial motor vehicle. (2) Disqualifying offenses. The following offenses are disqualifying offenses: (i) Driving a commercial motor vehicle while under the influence of alcohol. This shall include: (A) Driving a commercial motor vehicle while the person's alcohol concentration is 0.04 percent or more; or (B) Driving under the influence of alcohol, as prescribed by State law; or (C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of ÀÀ 383.51(b)(2)(i)(A) or (B), or ÀÀ 392.5(a)(2). (ii) Driving a commercial motor vehicle while under the influence of a controlled substance as defined under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), including all substances listed in Schedules I through V of 21 CFR part 1308, as they may be amended from time to time. Schedule I substances are identified in appendix D of this subchapter and Schedules II through V are identified in appendix E of this subchapter. (iii) Leaving the scene of an accident involving a commercial motor vehicle; (iv) A felony involving the use of a commercial motor vehicle, other than a felony described in paragraph (b)(2)(v) of this section; or (v) The use of a commercial motor vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance when defined as any substance under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) including all substances listed in Schedules I through V of 21 CFR part 1308, as they may be amended from time to time. Schedule I substances are identified in appendix D of this subchapter and Schedules II through V are identified in appendix E of this subchapter. Ôh) 0*0*0*°°ÔŒ (3) Duration of disqualification for driving while under the influence, leaving the scene of an accident, or commission of a felony. (i) First offenders. A driver who is convicted of an offense described in paragraphs (b)(2)(i) through (b)(2)(iv) of this section, is disqualified for a period of one year provided the vehicle was not transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. App. 1801 - 1813). (ii) First offenders transporting hazardous materials. A driver who is convicted of an offense described in paragraphs (b)(2)(i) through (b)(2)(iv) of this section, is disqualified for a period of three years if the vehicle was transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. App. 1801 - 1813). (iii) First offenders of controlled substance felonies. A driver who is convicted of an offense described in paragraph (b)(2)(v) of this section, is disqualified for life. (iv) Subsequent Offenders. A driver who is convicted of an offense described in paragraphs (b)(2)(i) through (b)(2)(iv) of this section, is disqualified for life if the driver had been convicted once before in a separate incident of any offense described in paragraphs (b)(2)(i) through (b)(2)(iv) of this section. (v) Any driver disqualified for life under ÀÀ 383.51(b)(3)(iv) of this paragraph, who has both voluntarily enrolled in and successfully completed, an appropriate rehabilitation program which meets the standards of his/her State's driver licensing agency, may apply to the licensing agency for reinstatement of his/her commercial driver's license. Such applicants shall not be eligible for reinstatement from the State unless and until such time as he/she has first served a minimum disqualification period of 10 years and has fully met the licensing State's standards for reinstatement of commercial motor vehicle driving privileges. Should a reinstated driver be subsequently convicted of another disqualifying offense, as specified in paragraphs (b)(2)(i) through (b)(2)(iv) of this section, he/she shall be permanently disqualified for life, and shall be ineligible to again apply for a reduction of the lifetime disqualification. (c) Disqualification for serious traffic violations -- (1) General rule. A driver who is convicted of serious traffic violations is disqualified for the period of time specified in paragraph (c)(2) of this section, if the offenses were committed while operating a commercial motor vehicle. (2) Duration of disqualification for serious traffic violations -- (i) Second violation. A driver who, during any 3-year period, is convicted of two serious traffic violations in separateÔh) 0*0*0*°°Ô incidents, is disqualified for a period of 60 days. (ii) Third violation. A driver who, during any 3-year period, is convicted of three serious traffic violations in separate incidents, is disqualified for a period of 120 days. (d) Substantial compliance by States. (1) Nothing in this rule shall be construed to require a State to apply its criminal or other sanctions for driving under the influence to a person found to have operated a commercial motor vehicle with an alcohol concentration of 0.04 percent, except licensing sanctions including suspension, revocation, or cancellation. (2) A State that enacts and enforces through licensing sanctions the disqualifications prescribed in ÀÀ 383.51(b) at the 0.04 alcohol concentration level and gives full faith and credit to the disqualification of commercial motor vehicle drivers by other States shall be deemed in substantial compliance with section 12009(a)(3) of the Commercial Motor Vehicle Safety Act of 1986. [52 FR 20587, June 1, 1987, as amended at 53 FR 39050, Oct. 4, 1988; 54 FR 40788, Oct. 3, 1989; 55 FR 6727, Feb. 26, 1990; 57 FR 53295, Nov. 9, 1992] ÀÀ 383.53 Penalties. Any person who violates the rules set forth in subparts B and C may be subject to civil or criminal penalties as provided for in 49 U.S.C. 521(b), as amended by section 12012 of Public Law 99 - 570. Subpart E -- Testing and Licensing Procedures Source: 53 FR 27649, July 21, 1988, unless otherwise noted. ÀÀ 383.71 Driver application procedures. (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; Ôh)0*0*0*°°ÔŒ (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 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, suspension, revocation, or cancellation as contained in ÀÀ 383.51 and that he/she does not have a driver's license from more than one State or jurisdiction. (7) The applicant shall surrender his/her non-CDL driver's licenses to the State. (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 ÀÀ 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, comply with State requirements as specified in ÀÀ 383.73(b)(4); and (4) Surrender the CDL from the old State of domicile to the new State of domicile. (c) License renewal. When applying for a renewal of a CDL, all applicants shall: (1) Provide certification contained in ÀÀ 383.71(a)(1); Ôh)0*0*0*°°ÔŒ (2) Provide update information as specified in subpart J of this part; and (3) If a person wishes to retain a hazardous materials endorsement, pass the test for such endorsement as specified in ÀÀ 383.121. (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 ÀÀ 383.71(a) (1) and (4); and (2) Pass all tests specified in ÀÀ 383.71(a) (2) and (3) for the new vehicle group and/or different endorsements. (e) Nonresident CDL. When an applicant is domiciled in a foreign jurisdiction, as defined in ÀÀ 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 ÀÀ 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 ÀÀ 383.51. Notifications shall be made within the time periods specified in ÀÀ 383.33. (f) If a State uses the alternative method described in ÀÀ 383.73(i) to achieve the objectives of the certifications in ÀÀ 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. ÀÀ 383.72 Implied consent to alcohol testing. Any person who holds a CDL shall be deemed to have consented to such testing as is required of him/her by any State or jurisdiction in the enforcement of Ôh)0*0*0*°°ÔŒÀÀ 383.51(b)(2)(i) and ÀÀ 392.5(a)(2). Consent is implied by driving a commercial motor vehicle. [53 FR 39051, Oct. 4, 1988] ÀÀ 383.73 State procedures. (a) Initial licensure. Prior to issuing a CDL to a person, a State shall: (1) Require the driver applicant to certify, pass tests, and provide information as described in ÀÀ ÀÀ 383.71(a) (1) through (6); (2) Check that the vehicle in which the applicant takes his/her test is representative of the vehicle group the applicant has certified that he/she operates or expects to operate; (3) Initiate and complete a check of the applicant's driving record to ensure that the person is not subject to any disqualification, suspensions, revocations, or cancellations as contained in ÀÀ 383.51 and that the person does not have a driver's license from more than one State. The record check shall include but not be limited to the following: (i) A check of the applicant's driving record as maintained by his/her current State of licensure, if any; (ii) A check with the CDLIS to determine whether the driver applicant already has a CDL, whether the applicant's license has been suspended, revoked, or canceled, or if the applicant has been disqualified from operating a commercial motor vehicle; and (iii) A check with the National Driver Register (NDR), when it is determined to be operational by the National Highway Traffic Safety Administrator, to determine whether the driver applicant has: (A) Been disqualified from operating a motor vehicle (other than a commercial motor vehicle); (B) Had a license (other than CDL) suspended, revoked, or canceled for cause in the 3-year period ending on the date of application; or (C) Been convicted of any offenses contained in section 205(a)(3) of the National Drivers Register Act of 1982 (23 U.S.C. 401 note); and (4) Require the driver applicant, if he/she has moved from another State, to surrender his/her driver's license issued by another State.Ôh)0*0*0*°°ÔŒ™ (b) License transfers. Prior to issuing a CDL to a person who has a CDL from another State, a State shall: (1) Require the driver applicant to make the certifications contained in ÀÀ 383.71(a); (2) Complete a check of the driver applicant's record as contained in ÀÀ 383.73(a)(3); (3) Request and receive updates of information specified in subpart J of this part; (4) If such applicant wishes to retain a hazardous materials endorsement, ensure that the driver has, within the 2 years preceding the transfer, either: (i) Passed the test for such endorsement specified in ÀÀ 383.121; or (ii) Successfully completed a hazardous materials test or training that is given by a third party and that is deemed by the State to substantially cover the same knowledge base as that described in ÀÀ 383.121; and (5) Obtain the CDL issued by the applicant's previous State of domicile. (c) License Renewals. Prior to renewing any CDL a State shall: (1) Require the driver applicant to make the certifications contained in ÀÀ 383.71(a); (2) Complete a check of the driver applicant's record as contained in ÀÀ 383.73(a)(3); (3) Request and receive updates of information specified in subpart J of this part; and (4) If such applicant wishes to retain a hazardous materials endorsement, require the driver to pass the test for such endorsement specified in ÀÀ 383.121. (d) License upgrades. Prior to issuing an upgrade of a CDL, a State shall: (1) Require such driver applicant to provide certifications and pass tests as described in ÀÀ 383.71(d); and (2) Complete a check of the driver applicant's record as described in ÀÀ 383.73(a)(3). (e) Nonresident CDL. A State may issue a Nonresident CDL toÔh)0*0*0*°°Ô a person domiciled in a foreign country if the Administrator has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction of domicile do not meet the standards contained in this part. State procedures for the issuance of a nonresident CDL, for any modifications thereto, and for notifications to the CDLIS shall at a minimum be identical to those pertaining to any other CDL, with the following exceptions: (1) If the applicant is requesting a transfer of his/her Nonresident CDL, the State shall obtain the Nonresident CDL currently held by the applicant and issued by another State; (2) The State shall add the word ``Nonresident'' to the face of the CDL, in accordance with ÀÀ 383.153(b); and (3) The State shall have established, prior to issuing any Nonresident CDL, the practical capability of disqualifying the holder of any Nonresident CDL, by withdrawing, suspending, canceling, and revoking his/her Nonresident CDL as if the Nonresident CDL were a CDL issued to a resident of the State. (f) License issuance. After the State has completed the procedures described in ÀÀ 383.73 (a), (b), (c), (d) or (e), it may issue a CDL to the driver applicant. The State shall notify the operator of the CDLIS of such issuance, transfer, renewal, or upgrade within the 10-day period beginning on the date of license issuance. (g) Penalties for false information. If a State determines, in its check of an applicant's license status and record prior to issuing a CDL, or at any time after the CDL is issued, that the applicant has falsified information contained in subpart J of this part or any of the certifications required in ÀÀ 383.71(a), the State shall at a minimum suspend, cancel, or revoke the person's CDL or his/her pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least 60 consecutive days. (h) Reciprocity. A State shall allow any person who has a valid CDL which is not suspended, revoked, or canceled, and who is not disqualified from operating a commercial motor vehicle, to operate a commercial motor vehicle in the State. (i) Alternative procedures. A State may implement alternative procedures to the certification requirements of ÀÀ 383.71(a) (1), (4), and (6), provided those procedures ensure that the driver meets the requirements of those paragraphs. [53 FR 27649, July 21, 1988, as amended at 54 FR 40788, Oct. 3, 1989] ÀÀ 383.75 Third party testing. Ôh)0*0*0*°°ÔŒ™ (a) Third party tests. A State may authorize a person (including another State, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government) to administer the skills tests as specified in subparts G and H of this part, if the following conditions are met: (1) The tests given by the third party are the same as those which would otherwise be given by the State; and (2) The third party as an agreement with the State containing, at a minimum, provisions that: (i) Allow the FHWA, or its representative, and the State to conduct random examinations, inspections and audits without prior notice; (ii) Require the State to conduct on-site inspections at least annually; (iii) Require that all third party examiners meet the same qualification and training standards as State examiners, to the extent necessary to conduct skills tests in compliance with subparts G and H; (iv) Require that, at least on an annual basis, State employees take the tests actually administered by the third party as if the State employee were a test applicant, or that States test a sample of drivers who were examined by the third party to compare pass/fail results; and (v) Reserve unto the State the right to take prompt and appropriate remedial action against the third-party testers in the event that the third-party fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the third-party contract. (b) Proof of testing by a third party. A driver applicant who takes and passes driving tests administered by an authorized third party shall provide evidence to the State licensing agency that he/she has successfully passed the driving tests administered by the third party. ÀÀ 383.77 Substitute for driving skills tests. At the discretion of a State, the driving skill test as specified in ÀÀ 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 requirementsÔh)0*0*0*°°Ô for the skills test described in ÀÀ 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 ÀÀ 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 ÀÀ 383.51(b)(2); (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 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] Subpart F -- Vehicle Groups and Endorsements Source: 53 FR 27651, July 21, 1988, unless otherwise noted. ÀÀ 383.91 Commercial motor vehicle groups. (a) Vehicle group descriptions. Each driver applicant mustÔh)0*0*0*°°Ô possess and be tested on his/her knowledge and skills, described in subpart G of this part, for the commercial motor vehicle group(s) for which he/she desires a CDL. The commercial motor vehicle groups are as follows: (1) Combination vehicle (Group A) -- Any combination of vehicles with a Gross Combination Weight Rating (GCWR) of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds. (2) Heavy Straight Vehicle (Group B) -- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR. (3) Small Vehicle (Group C) -- Any single vehicle, or combination of vehicles, that meets neither the definition of Group A nor that of Group B as contained in this section, but that either is designed to transport 16 or more passengers including the driver, or is used in the transportation of materials found to be hazardous for the puposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F). (b) Representative vehicle. For purposes of taking the driving test in accordance with ÀÀ 383.113, a representative vehicle for a given vehicle group contained in ÀÀ 383.91(a), is any commercial motor vehicle which meets the definition of that vehicle group. (c) Relation between vehicle groups. Each driver applicant who desires to operate in a different commercial motor vehicle group from the one which his/her CDL authorizes shall be required to retake and pass all related tests, except the following: (1) A driver who has passed the knowledge and skills tests for a combination vehicle (Group A) may operate a heavy straight vehicle (Group B) or a small vehicle (Group C), provided that he/she possesses the requisite endorsement(s); and (2) A driver who has passed the knowledge and skills tests for a heavy straight vehicle (Group B) may operate any small vehicle (Group C), provided that he/she possesses the requisite endorsement(s). (d) Vehicle group illustration. Figure 1 illustrates typical vehicles within each of the vehicle groups defined in this section. Insert illustration 0 479 [53 FR 27651, July 21, 1988, as amended at 54 FR 47989, Nov. 20, 1989] Ôh)0*0*0*°°ÔŒ™ÀÀ 383.93 Endorsements. (a) General. In addition to taking and passing the knowledge and skills tests described in subpart G of this part, all persons who operate or expect to operate the type(s) of motor vehicles described in paragraph (b) of this section shall take and pass specialized tests to obtain each endorsement. The State shall issue CDL endorsements only to drivers who successfully complete the tests. (b) Endorsement descriptions. An operator must obtain State-issued endorsements to his/her CDL to operate commercial motor vehicles which are: (1) Double/triple trailers; (2) Passenger vehicles; (3) Tank vehicles; or (4) Required to be placarded for hazardous materials. (c) Endorsement testing requirements. The following tests are required for the endorsements contained in paragraph (b) of this section: (1) Double/Triple Trailers -- a knowledge test; (2) Passenger -- a knowledge and a skills test; (3) Tank vehicle -- a knowledge test; and (4) Hazardous Materials -- a knowledge test. ÀÀ 383.95 Air brake restrictions. (a) If an applicant either fails the air brake component of the knowledge test, or performs the skills test in a vehicle not equipped with air brakes, the State shall indicate on the CDL, if issued, that the person is restricted from operating a CMV equipped with air brakes. (b) For the purposes of the skills test and the restriction, air brakes shall include any braking system operating fully or partially on the air brake principle. Subpart G -- Required Knowledge and Skills Source: 53 FR 27654, July 21, 1988, unless otherwise noted. ÀÀ 383.110 General requirement. Ôh)0*0*0*°°ÔŒ All drivers of commercial motor vehicles shall have knowledge and skills necessary to operate a commercial motor vehicle safely as contained in this subpart. A sample of the specific types of items which a State may wish to include in the knowledge and skills tests that it administers to CDL applicants is included in the appendix to this subpart G. ÀÀ 383.111 Required knowledge. All commercial motor vehicle operators must have knowledge of the following general areas: (a) Safe operations regulations. Driver-related elements of the regulations contained in 49 CFR parts 391, 392, 393, 395, 396, and 397, such as: Motor vehicle inspection, repair, and maintenance requirements; procedures for safe vehicle operations; the effects of fatigue, poor vision, hearing, and general health upon safe commercial motor vehicle operation; the types of motor vehicles and cargoes subject to the requirements; and the effects of alcohol and drug use upon safe commercial motor vehicle operations. (b) Commercial motor vehicle safety control systems. Proper use of the motor vehicle's safety system, including lights, horns, side and rear-view mirrors, proper mirror adjustments, fire extinguishers, symptoms of improper operation revealed through instruments, motor vehicle operation characteristics, and diagnosing malfunctions. Commercial motor vehicle drivers shall have knowledge on the correct procedures needed to use these safety systems in an emergency situation, e.g., skids and loss of brakes. (c) Safe vehicle control -- (1) Control systems.T1 The purpose and function of the controls and instruments commonly found on commercial motor vehicles. (2) Basic control. The proper procedures for performing various basic maneuvers. (3) Shifting. The basic shifting rules and terms, as well as shift patterns and procedures for common transmissions. (4) Backing. The procedures and rules for various backing maneuvers. (5) Visual search. The importance of proper visual search, and proper visual search methods. (6) Communication. The principles and procedures for proper communications and the hazards of failure to signal properly. (7) Speed Management. The importance of understanding the effects of speed. (8) Space management. The procedures and techniques forÔh)0*0*0*°°Ô controlling the space around the vehicle. (9) Night operation. Preparations and procedures for night driving. (10) Extreme driving conditions. The basic information on operating in extreme driving conditions and the hazards that are encountered in extreme conditions. (11) Hazard perceptions. The basic information on hazard perception and clues for recognition of hazards. (12) Emergency maneuvers. The basic information concerning when and how to make emergency maneuvers. (13) Skid control and recovery. The information on the causes and major types of skids, as well as the procedures for recovering from skids. (d) Relationship of cargo to vehicle control. The principles and procedures for the proper handling of cargo. (e) Vehicle inspections: The objectives and proper procedures for performing vehicle safety inspections, as follows: (1) The importance of periodic inspection and repair to vehicle safety. (2) The effect of undiscovered malfunctions upon safety. (3) What safety-related parts to look for when inspecting vehicles. (4) Pre-trip/enroute/post-trip inspection procedures. (5) Reporting findings. (f) Hazardous materials knowledge, such as: What constitutes hazardous material requiring an endorsement to transport; classes of hazardous materials; labeling/placarding requirements; and the need for specialized training as a prerequisite to receiving the endorsement and transporting hazardous cargoes. (g) Air brake knowledge as follows: (1) Air brake system nomenclature; (2) The dangers of contaminated air supply; (3) Implications of severed or disconnected air lines between the power unit and the trailer(s); (4) Implications of low air pressure readings; Ôh)0*0*0*°°ÔŒ™ (5) Procedures to conduct safe and accurate pre-trip inspections. (6) Procedures for conducting enroute and post-trip inspections of air actuated brake systems, including ability to detect defects which may cause the system to fail. (h) Operators for the combination vehicle group shall also have knowledge of: (1) Coupling and uncoupling -- The procedures for proper coupling and uncoupling a tractor to semi-trailer. (2) Vehicle inspection -- The objectives and proper procedures that are unique for performing vehicle safety inspections on combination vehicles. ÀÀ 383.113 Required skills. (a) Basic vehicle control skills. All applicants for a CDL must possess and demonstrate basic motor vehicle control skills for each vehicle group which the driver operates or expects to operate. These skills should include the ability to start, to stop, and to move the vehicle forward and backward in a safe manner. (b) Safe driving skills. All applicants for a CDL must possess and demonstrate the safe driving skills for their vehicle group. These skills should include proper visual search methods, appropriate use of signals, speed control for weather and traffic conditions, and ability to position the motor vehicle correctly when changing lanes or turning. (c) Air brake skills. Except as provided in ÀÀ 393.95, all applicants shall demonstrate the following skills with respect to inspection and operation of air brakes: (1) Pre-trip inspection skills. Applicants shall demonstrate the skills necessary to conduct a pre-trip inspection which includes the ability to: (i) Locate and verbally identify air brake operating controls and monitoring devices; (ii) Determine the motor vehicle's brake system condition for proper adjustments and that air system connections between motor vehicles have been properly made and secured; (iii) Inspect the low pressure warning device(s) to ensure that they will activate in emergency situations; (iv) Ascertain, with the engine running, that the system maintains an adequate supply of compressed air; Ôh)0*0*0*°°ÔŒ (v) Determine that required minimum air pressure build up time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level; and (vi) Operationally check the brake system for proper performance. (2) Driving skills. Applicants shall successfully complete the skills tests contained in ÀÀ 383.113 in a representative vehicle equipped with air brakes. (d) Test area. Skills tests shall be conducted in on-street conditions or under a combination of on-street and off-street conditions. (e) Simulation technology. A State may utilize simulators to perform skills testing, but under no circumstances as a substitute for the required testing in on-street conditions. ÀÀ 383.115 Requirements for double/triple trailers endorsement. In order to obtain a Double/Triple Trailers endorsement each applicant must have knowledge covering: (a) Procedures for assembly and hookup of the units; (b) Proper placement of heaviest trailer; (c) Handling and stability characteristics including off-tracking, response to steering, sensory feedback, braking, oscillatory sway, rollover in steady turns, yaw stability in steady turns; and (d) Potential problems in traffic operations, including problems the motor vehicle creates for other motorists due to slower speeds on steep grades, longer passing times, possibility for blocking entry of other motor vehicles on freeways, splash and spray impacts, aerodynamic buffeting, view blockages, and lateral placement. ÀÀ 383.117 Requirements for passenger endorsement. An applicant for the passenger endorsement must satisfy both of the following additional knowledge and skills test requirements. (a) Knowledge test. All applicants for the passenger endorsement must have knowledge covering at least the following topics: (1) Proper procedures for loading/unloading passengers; Ôh)0*0*0*°°ÔŒ™ (2) Proper use of emergency exits, including push-out windows; (3) Proper responses to such emergency situations as fires and unruly passengers; (4) Proper procedures at railroad crossings and drawbridges; and (5) Proper braking procedures. (b) Skills test. To obtain a passenger endorsement applicable to a specific vehicle group, an applicant must take his/her skills test in a passenger vehicle satisfying the requirements of that group as defined in ÀÀ 383.91. ÀÀ 383.119 Requirements for tank vehicle endorsement. In order to obtain a Tank Vehicle Endorsement, each applicant must have knowledge covering the following: (a) Causes, prevention, and effects of cargo surge on motor vehicle handling; (b) Proper braking procedures for the motor vehicle when it is empty, full and partially full; (c) Differences in handling of baffled/compartmental tank interiors versus non-baffled motor vehicles; (d) Differences in tank vehicle type and construction; (e) Differences in cargo surge for liquids of varying product densities; (f) Effects of road grade and curvature on motor vehicle handling with filled, half-filled and empty tanks; (g) Proper use of emergency systems; and (h) For drivers of DOT specification tank vehicles, retest and marking requirements. ÀÀ 383.121 Requirements for hazardous materials endorsement. In order to obtain a Hazardous Material Endorsement each applicant must have such knowledge as is required of a driver of a hazardous materials laden vehicle, from information contained in 49 CFR parts 171, 172, 173, 177, 178, and 397 on the following: (a) Hazardous materials regulations including: Ôh)0*0*0*°°ÔŒ™ (1) Hazardous materials table; (2) Shipping paper requirements; (3) Marking; (4) Labeling; (5) Placarding requirements; (6) Hazardous materials packaging; (7) Hazardous materials definitions and preparation; (8) Other regulated material (e.g., ORM - D); (9) Reporting hazardous materials accidents; and (10) Tunnels and railroad crossings. (b) Hazardous materials handling including: (1) Forbidden Materials and Packages; (2) Loading and Unloading Materials; (3) Cargo Segregation; (4) Passenger Carrying Buses and Hazardous Materials; (5) Attendance of Motor Vehicles; (6) Parking; (7) Routes; (8) Cargo Tanks; and (9) ``Safe Havens.'' (c) Operation of emergency equipment including: (1) Use of equipment to protect the public; (2) Special precautions for equipment to be used in fires; (3) Special precautions for use of emergency equipment when loading or unloading a hazardous materials laden motor vehicle; and (4) Use of emergency equipment for tank vehicles. (d) Emergency response procedures including: Ôh)0*0*0*°°ÔŒ (1) Special care and precautions for different types of accidents; (2) Special precautions for driving near a fire and carrying hazardous materials, and smoking and carrying hazardous materials; (3) Emergency procedures; and (4) Existence of special requirements for transporting Class A and B explosives. Pt. 383, Subpt. G, App. Appendix to Subpart G -- Required Knowledge and Skills -- Sample Guidelines The following is a sample of the specific types of items which a State may wish to include in the knowledge and skills tests that it administers to CDL applicants. This appendix closely follows the framework of ÀÀÀÀ 383.111 and 383.113. It is intended to provide more specific guidance and suggestion to States. Additional detail in this appendix is not binding and States may depart from it at their discretion provided their CDL program tests for the general areas of knowledge and skill specified in ÀÀÀÀ 383.111 and 383.113. Examples of specific knowledge elements (a) Safe operations regulations. Driver-related elements of the following regulations: (1) Motor vehicle inspection, repair, and maintenance requirements as contained in parts 393 and 396 of this title; (2) Procedures for safe vehicle operations as contained in part 392 of this title; (3) The effects of fatigue, poor vision, hearing, and general health upon safe commercial motor vehicle operation as contained in parts 391, 392, and 395 of this title; (4) The types of motor vehicles and cargoes subject to the requirements contained in part 397 of this title; and (5) The effects of alcohol and drug use upon safe commercial motor vehicle operations as contained in parts 391 and 395 of this title. (b) Commercial motor vehicle safety control systems. Proper use of the motor vehicle's safety system, including lights, horns, side and rear-view mirrors, proper mirror adjustments, fire extinguishers, symptoms of improper operation revealed through instruments, motor vehicle operation characteristics, andÔh)0*0*0*°°Ô diagnosing malfunctions. Commercial motor vehicle drivers shall have knowledge on the correct procedures needed to use these safety systems in an emergency situation, e.g., skids and loss of brakes. (c) Safe vehicle control -- (1) Control systems. The purpose and function of the controls and instruments commonly found on commercial motor vehicles. (2) Basic control. The proper procedures for performing various basic maneuvers, including: (i) Starting, warming up, and shutting down the engine; (ii) Putting the vehicle in motion and stopping; (iii) Backing in a straight line; and (iv) Turning the vehicle, e.g., basic rules, off-tracking, right/left turns and right curves. (3) Shifting. The basic shifting rules and terms, as well as shift patterns and procedures for common transmissions, including: (i) Key elements of shifting, e.g., controls, when to shift and double clutching; (ii) Shift patterns and procedures; and (iii) Consequences of improper shifting. (4) Backing. The procedures and rules for various backing maneuvers, including: (i) Backing principles and rules; and (ii) Basic backing maneuvers, e.g., straight-line backing, and backing on a curved path. (5) Visual search. The importance of proper visual search, and proper visual search methods, including: (i) Seeing ahead and to the sides; (ii) Use of mirrors; and (iii) Seeing to the rear. (6) Communication. The principles and procedures for proper communications and the hazards of failure to signal properly, including: (i) Signaling intent, e.g., signaling when changing speed or direction in traffic;Ôh)0*0*0*°°ÔŒ™ (ii) Communicating presence, e.g., using horn or lights to signal presence; and (iii) Misuse of communications. (7) Speed management. The importance of understanding the effects of speed, including: (i) Speed and stopping distance; (ii) Speed and surface conditions; (iii) Speed and the shape of the road; (iv) Speed and visibility; and (v) Speed and traffic flow. (8) Space management. The procedures and techniques for controlling the space around the vehicle, including: (i) The importance of space management; (ii) Space cushions, e.g., controlling space ahead/to the rear; (iii) Space to the sides; and (iv) Space for traffic gaps. (9) Night operation. Preparations and procedures for night driving, including: (i) Night driving factors, e.g., driver factors, (vision, glare, fatigue, inexperience), roadway factors, (low illumination, variation in illumination, familiarity with roads, other road users, especially drivers exhibiting erratic or improper driving), vehicle factors (headlights, auxiliary lights, turn signals, windshields and mirrors); and (ii) Night driving procedures, e.g., preparing to drive at night and driving at night. (10) Extreme driving conditions. The basic information on operating in extreme driving conditions and the hazards that are encountered in extreme conditions, including: (i) Adverse weather; (ii) Hot weather; and (iii) Mountain driving. (11) Hazard perceptions. The basic information on hazardÔh) 0*0*0*°°Ô perception and clues for recognition of hazards, including: (i) Importance of hazards recognition; (ii) Road characteristics; and (iii) Road user activities. (12) Emergency maneuvers. The basic information concerning when and how to make emergency maneuvers, including: (i) Evasive steering; (ii) Emergency stop; (iii) Off-road recovery; (iv) Brake failure; and (v) Blowouts. (13) Skid control and recovery. The information on the causes and major types of skids, as well as the procedures for recovering from skids. (d) Relationship of cargo to vehicle control. The principles and procedures for the proper handling of cargo, including: (1) The importance of proper cargo handling, e.g., consequences of improperly secured cargo, drivers' responsibilities, Federal/State and local regulations. (2) Principles of weight distribution. (3) Principles and methods of cargo securement. (e) Vehicle inspections: The objectives and proper procedures for performing vehicle safety inspections, as follows: (1) The importance of periodic inspection and repair to vehicle safety and to prevention of enroute breakdowns. (2) The effect of undiscovered malfunctions upon safety. (3) What safety-related parts to look for when inspecting vehicles, e.g., fluid leaks, interference with visibility, bad tires, wheel and rim defects, braking system defects, steering system defects, suspension system defects, exhaust system defects, coupling system defects, and cargo problems. (4) Pre-trip/enroute/post-trip inspection procedures. (5) Reporting findings.Ôh)!0*0*0*°°ÔŒ™ (f) Hazardous materials knowledge, as follows: (1) What constitutes hazardous material requiring an endorsement to transport; and (2) Classes of hazardous materials, labeling/placarding requirements, and the need for specialized training as a prerequisite to receiving the endorsement and transporting hazardous cargoes. (g) Air brake knowledge as follows: (1) General air brake system nomenclature; (2) The dangers of contaminated air (dirt, moisture and oil) supply; (3) Implications of severed or disconnected air lines between the power unit and the trailer(s); (4) Implications of low air pressure readings; (5) Procedures to conduct safe and accurate pre-trip inspections, including knowledge about: (i) Automatic fail-safe devices; (ii) System monitoring devices; and (iii) Low pressure warning alarms. (6) Procedures for conducting enroute and post-trip inspections of air actuated brake systems, including ability to detect defects which may cause the system to fail, including: (i) Tests which indicate the amount of air loss from the braking system within a specified period, with and without the engine running; and (ii) Tests which indicate the pressure levels at which the low air pressure warning devices and the tractor protection valve should activate. (h) Operators for the combination vehicle group shall also have knowledge of: (1) Coupling and uncoupling. The procedures for proper coupling and uncoupling a tractor to semi-trailer. (2) Vehicle inspection -- The objectives and proper procedures that are unique for performing vehicle safety inspections on combination vehicles. Examples of Specific Skills ElementsÔh)"0*0*0*°°ÔŒ™ These examples relate to paragraphs (a) and (b) of ÀÀ 383.113 only. (a) Basic vehicle control skills. All applicants for a CDL must possess and demonstrate the following basic motor vehicle control skills for each vehicle group which the driver operates or expects to operate. These skills shall include: (1) Ability to start, warm-up, and shut down the engine; (2) Ability to put the motor vehicle in motion and accelerate smoothly, forward and backward; (3) Ability to bring the motor vehicle to a smooth stop; (4) Ability to back the motor vehicle in a straight line, and check path and clearance while backing; (5) Ability to position the motor vehicle to negotiate and then make left and right turns; (6) Ability to shift as required and select appropriate gear for speed and highway conditions; (7) Ability to back along a curved path; and (8) Ability to observe the road and the behavior of other motor vehicles, particularly before changing speed and direction. (b) Safe driving skills. All applicants for a CDL must possess and demonstrate the following safe driving skills for any vehicle group. These skills shall include: (1) Ability to use proper visual search methods. (2) Ability to signal appropriately when changing speed or direction in traffic. (3) Ability to adjust speed to the configuration and condition of the roadway, weather and visibility conditions, traffic conditions, and motor vehicle, cargo and driver conditions; (4) Ability to choose a safe gap for changing lanes, passing other vehicles, as well as for crossing or entering traffic; (5) Ability to position the motor vehicle correctly before and during a turn to prevent other vehicles from passing on the wrong side as well as to prevent problems caused by off-tracking; (6) Ability to maintain a safe following distance depending on the condition of the road, on visibility, and on vehicle weight; and Ôh)#0*0*0*°°ÔŒ (7) Ability to adjust operation of the motor vehicle to prevailing weather conditions including speed selection, braking, direction changes and following distance to maintain control. Subpart H -- Tests Source: 53 FR 27657, July 21, 1988, unless otherwise noted. ÀÀ 383.131 Test procedures. (a) Driver information manuals. Information on how to obtain a CDL and endorsements shall be included in manuals and made available by States to CDL applicants. All information provided to the applicant shall include the following: (1) Information on the requirements described in ÀÀ 383.71, the implied consent to alcohol testing described in ÀÀ 383.72, the procedures and penalties, contained in ÀÀ 383.51(b) to which a CDL holder is exposed for refusal to comply with such alcohol testing, State procedures described in ÀÀ 383.73, and other appropriate driver information contained in subpart E of this part; (2) Information on vehicle groups and endorsements as specified in subpart F of this part; (3) The substance of the knowledge and skills which drivers shall have as outlined in subpart G of this part for the different vehicle groups and endorsements; (4) Details of testing procedures, including the purpose of the tests, how to respond, any time limits for taking the test, and any other special procedures determined by the State of issuance; and (5) Directions for taking the tests. (b) Examiner procedures. A State shall provide to test examiners details on testing and any other State-imposed requirements in the examiner's manual, and shall ensure that examiners are qualified to administer tests on the basis of training and/or other experience. States shall provide standardized scoring sheets for the skills tests, as well as standardized driving instructions for the applicants. Such examiners' manuals shall contain the following: (1) Information on driver application procedures contained in ÀÀ 383.71, State procedures described in ÀÀ 383.73, and other appropriate driver information contained in subpart E of this part; (2) Details on information which must be given to the applicant; Ôh)$0*0*0*°°ÔŒ (3) Details on how to conduct the tests; (4) Scoring procedures and minimum passing scores; (5) Information for selecting driving test routes; (6) List of the skills to be tested; (7) Instructions on where and how the skills will be tested; (8) How performance of the skills will be scored; and (9) Causes for automatic failure of skills tests. [53 FR 27657, July 21, 1988, as amended at 53 FR 39051, Oct. 4, 1988] ÀÀ 383.133 Testing methods. (a) All tests shall be constructed in such a way as to determine if the applicant possesses the required knowledge and skills contained in subpart G of this part for the type of motor vehicle or endorsement the applicant wishes to obtain. (b) States shall develop their own specifications for the tests for each vehicle group and endorsement which must be at least as stringent as the Federal standards. (c) States shall determine specific methods for scoring the knowledge and skills tests. (d) Passing scores must meet those standards contained in ÀÀ 383.135. (e) Knowledge and skills tests shall be based solely on the information contained in the driver manuals referred to in ÀÀ 383.131(a). (f) Each knowledge test shall be valid and reliable so as to assure that driver applicants possess the knowledge required under ÀÀ 383.111. (g) Each basic knowledge test, i.e., the test covering the areas referred to in ÀÀ 383.111 for the applicable vehicle group, shall contain at least 30 items, exclusive of the number of items testing air brake knowledge. Each endorsement knowledge test, and the air brake component of the basic knowledge test as described in ÀÀ 383.111(g), shall contain a number of questions that is sufficient to test the driver applicant's knowledge of the required subject matter with validity and reliability. (h) The skills tests shall have administrative procedures,Ôh)%0*0*0*°°Ô designed to achieve interexaminer reliability, that are sufficient to ensure fairness of pass/fail rates. ÀÀ 383.135 Minimum passing scores. (a) The driver applicant must correctly answer at least 80 percent of the questions on each knowledge test in order to achieve a passing score on such knowledge test. (b) To achieve a passing score on the skills test, the driver applicant must demonstrate that he/she can successfully perform all of the skills listed in ÀÀ 383.113. (c) If the driver applicant does not obey traffic laws, or causes an accident during the test, he/she shall automatically fail the test. (d) The scoring of the basic knowledge and skills tests shall be adjusted as follows to allow for the air brake restriction (ÀÀ 383.95): (1) If the applicant scores less than 80 percent on the air brake component of the basic knowledge test as described in ÀÀ 383.111(g), the driver will have failed the air brake component and, if the driver is issued a CDL, an air brake restriction shall be indicated on the license; and (2) If the applicant performs the skills test in a vehicle not equipped with air brakes, the driver will have omitted the air brake component as described in ÀÀ 383.113(c) and, if the driver is issued a CDL, the air brake restriction shall be indicated on the license. Subpart I -- [Reserved] Subpart J -- Commercial Driver's License Document Source: 53 FR 27657, July 21, 1988, unless otherwise noted. ÀÀ 383.151 General. The CDL shall be a document that is easy to recognize as a CDL. At a minimum, the document shall contain information specified in ÀÀ 383.153. ÀÀ 383.153 Information on the document and application. (a) All CDLs shall contain the following information: (1) The prominent statement that the license is aÔh)&0*0*0*°°Ô ``Commercial Driver's License'' or ``CDL,'' except as specified in ÀÀ 383.153(b). (2) The full name, signature, and mailing address of the person to whom such license is issued; (3) Physical and other information to identify and describe such person including date of birth (month, day, and year), sex, and height; (4) Color photograph of the driver; (5) The driver's State license number; (6) The name of the State which issued the license; (7) The date of issuance and the date of expiration of the license; (8) The group or groups of commercial motor vehicle(s) that the driver is authorized to operate, indicated as follows: (i) A for Combination Vehicle; (ii) B for Heavy Straight Vehicle; and (iii) C for Small Vehicle. (9) The endorsement(s) for which the driver has qualified, if any, indicated as follows: (i) T for double/triple trailers; Œ (ii) P for passenger; (iii) N for tank vehicle; (iv) H for hazardous materials; (v) X for a combination of the tank vehicle and hazardous materials endorsements; and (vi) At the discretion of the State, additional codes for additional groupings of endorsements, as long as each such discretionary code is fully explained on the front or back of the CDL document. (b) If the CDL is a Nonresident CDL, it shall contain the prominent statement that the license is a ``Nonresident Commercial Driver's License'' or ``Nonresident CDL.'' The word ``Nonresident'' must be conspicuously and unmistakably displayed, but may be noncontiguous with the words ``Commercial Driver's License'' or ``CDL.'' (c) If the State has issued the applicant an air brake restriction as specified in ÀÀ 383.95, that restriction must be indicated on the license. (d) Except in the case of a Nonresident CDL: (1) A driver applicant must provide his/her Social Security Number on the application of a CDL; and (2) The State must provide the Social Security Number to the CDLIS. ÀÀ 383.155 Tamperproofing requirements. States shall make the CDL tamperproof to the maximum extent practicable. At a minimum, a State shall use the same tamperproof method used for noncommercial drivers' licenses.