Question 1: May a State grandfather drivers from skills testing under §383.77?

Guidance: Yes, provided the applicant meets all the eligibility conditions under §383.77, including current operation of a CMV (§383.77(b)(1)). Therefore, the pool of applicants eligible for grandfathering is limited to drivers with current CMV operating experience under a CDL waiver (e.g., farm, FRSI, firefighting, emergency and military vehicles).

Question 2: May a driver applicant be ‘‘grandfathered’’ from any CDL knowledge test?

Guidance: No. ‘‘Grandfathering’’ of CDL basic or endorsement knowledge testing is not permitted by part 383.