Federal Register, Volume 75, Number 98, May 21, 2010, Pages 28463-28750 Page: 28,501
viii, 28749, iv p. ; 28 cm.View a full description of this periodical.
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Federal Register/Vol. 75, No. 98/Friday, May 21, 2010/Rules and Regulations
January 30, 2012. Any person applying
for a CDL prior to January 30, 2012,
must meet the requirements set forth in
paragraphs (a)(2) through (a)(9) of this
section, and make the following
applicable certification in paragraph
(a)(1)(i)(A) or (B) of this section:
(A) A person who operates or expects
to operate in interstate or foreign
commerce, or is otherwise subject to 49
CFR part 391, must certify that he/she
meets the qualification requirements
contained in part 391 of this title; or
(B) 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.
(ii) Initial Commercial Driver's
License applications submitted on or
after January 30, 2012. Any person
applying for a CDL on or after January
30, 2012, must meet the requirements
set forth in paragraphs (a)(2) through
(a)(9), and (h) of this section, and make
one of the following applicable
certifications in paragraph (a)(ii)(A), (B),
(C), or (D) of this section:
(A) Non-excepted interstate. A person
must certify that he or she operates or
expects to operate in interstate
commerce, is both subject to and meets
the qualification requirements under 49
CFR part 391, and is required to obtain
a medical examiner's certificate by
391.45 of this chapter;(B) Excepted interstate. A person
must certify that he or she operates or
expects to operate in interstate
commerce, but engages exclusively in
transportation or operations excepted
under 49 CFR 390.3(f), 391.2, 391.68 or
398.3 from all or parts of the
qualification requirements of 49 CFR
part 391, and is, therefore, not required
to obtain a medical examiner's
certificate by 49 CFR 391.45 of this
chapter;
(C) Non-excepted intrastate. A person
must certify that he or she operates only
in intrastate commerce and, therefore, is
subject to State driver qualification
requirements; or
(D) Excepted intrastate. A person
must certify that he or she operates in
intrastate commerce, but engages
exclusively in transportation or
operations excepted from all or parts of
the State driver qualification
requirements.
(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 testadministered 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 under 383.51, or
any license suspension, revocation, or
cancellation under State law, and that
he/she does not have a driver's license
from more than one State or
jurisdiction;
(7) Surrender the applicant's non-CDL
driver's licenses to the State; and
(8) Provide the names of all States
where the applicant was previously
licensed to drive any type of motor
vehicle during the previous 10 years.
(9) If applying for a hazardous
materials endorsement, comply with
Transportation Security Administration
requirements codified in 49 CFR Part
1572, and provide proof of citizenship
or immigration status as specified in
Table 1 to this section. A lawful
permanent resident of the United States
requesting a hazardous materials
endorsement must additionally provide
his or her Bureau of Citizenship and
Immigration Services (BCIS) Alien
registration number.TABLE 1 TO 383.71-LIST OF ACCEPTABLE PROOFS OF CITIZENSHIP OR IMMIGRATION
Status Proof of status
U.S. Citizen ......................................... ............. * U.S. Passport.
* Certificate of birth that bears an official seal and was issued by a State, county, municipal
authority, or outlying possession of the United States.
* Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545 or DS
1350).
* Certificate of Naturalization (Form N-550 or N-570).
* Certificate of U.S. Citizenship (Form N-560 or N-561).
Lawful Permanent Resident .............................. * Permanent Resident Card, Alien Registration Receipt Card (Form 1-551).
* Temporary 1-551 stamp in foreign passport.
* Temporary 1-551 stamp on Form 1-94, Arrival/Departure Record, with photograph of the
bearer.
* Reentry Permit (Form 1-327).* * * *
a 3. Revise 383.73(a)(5), (g), (j)(1)(iii)
introductory text, and (j)(1)(iii)(D) to
read as follows:
383.73 State procedures.
(a) * * *
(5) Beginning January 30, 2012, for
drivers who certified their type of
driving according to 383.71(a)(1)(ii)(A)
(non-excepted interstate) and, if the
driver submits a current medical
examiner's certificate, date-stamp themedical examiner's certificate, and post
all required information from the
medical examiner's certificate to the
CDLIS driver record in accordance with
paragraph (j) of this section.
* * * * *
(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 falsified information
contained in subpart J of this part, inany of the certifications required in
383.71(a) or (g), or in any of the
documents required to be submitted by
383.71(h), 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.
(1)
(j) * * *
(1) * * *28501
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 98, May 21, 2010, Pages 28463-28750, periodical, May 21, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52679/m1/47/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.