Part 383: Commercial driver's license standards; requirements and penalties

(a)(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;

(a)(3) Initiate and complete a check of the applicant’s driving record to ensure that the person is not subject to any disqualification under §383.51, or any license suspension, revocation, or cancellation under State law, and that the person does not have a driver’s license from more than one State or jurisdiction. The record check must include, but is not limited to, the following:

(a)(3)(i) A check of the applicant’s driving record as maintained by his/her current State of licensure, if any;

(a)(3)(ii) A check with the CDLIS to determine whether the driver applicant already has been issued 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;

(a)(3)(iii) A check with the National Driver Register (NDR) to determine whether the driver applicant has:

(a)(3)(iii)(A) Been disqualified from operating a motor vehicle (other than a commercial motor vehicle);

(a)(3)(iii)(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

(a)(3)(iii)(C) Been convicted of any offenses contained in section 205(a)(3) of the National Driver Register Act of 1982 (23 U.S.C. 401 note); and

(a)(3)(iv) A request for the applicant’s complete driving record from all States where the applicant was previously licensed over the last 10 years to drive any type of motor vehicle. Exception: A State is only required to make the driving record check specified in this paragraph (a)(3) for drivers renewing a CDL for the first time after September 30, 2002, provided a notation is made on the driver’s record confirming that the driver record check required by this paragraph (a)(3) has been made and noting the date it was done; and

(a)(4) Require the driver applicant to surrender his/her driver’s license issued by another State, if he/she has moved from another State.

(a)(5) For persons applying for a hazardous materials endorsement, require compliance with the standards for such endorsement specified in §383.71(a)(9).

(b) License transfers. Prior to issuing a CDL to a person who has a CDL from another State, a State shall:

(b)(1) Require the driver applicant to make the certifications contained in §383.71(a);

(b)(2) Complete a check of the driver applicant’s record as contained in §383.73(a)(3);

(b)(3) Request and receive updates of information specified in Subpart J of this part;

(b)(4) If such applicant wishes to retain a hazardous materials endorsement, require compliance with standards for such endorsement specified in §383.71(a)(9) and ensure that the driver has, within the 2 years preceding the transfer, either:

(b)(4)(i) Passed the test for such endorsement specified in §383.121; or

(b)(4)(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 §383.121; and

(b)(5) Obtain the CDL issued by the applicant’s previous State of domicile.

(c)(1) Require the driver applicant to make the certifications contained in §383.71(a);

(c)(2) Complete a check of the driver applicant’s record as contained in §383.73(a)(3);

(c)(3) Request and receive updates of information specified in Subpart J of this part; and

(c)(4) If such applicant wishes to retain a hazardous materials endorsement, require the driver to pass the test specified in §383.121 and comply with the standards specified in §383.71(a)(9) for such endorsement.

(d) License upgrades. Prior to issuing an upgrade of a CDL, a State shall:

(d)(1) Require such driver applicant to provide certifications, pass tests, and meet applicable hazardous materials standards specified in §383.71(d); and

(d)(2) Complete a check of the driver applicant’s record as described in §383.73(a)(3).

(e) Nonresident CDL. A State may issue a Nonresident CDL to 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:

(e)(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;

(e)(2) The State shall add the word “Nonresident” to the face of the CDL, in accordance with §383.153(b); and

(e)(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 §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 §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 §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; 67 FR 49760, July 31, 2002; 68 FR 23850, May 5, 2003]