§ 383.77 Substitute for knowledge and driving skills tests for drivers with military CMV experience. ( a ) *Knowledge test waivers for certain current or former military service members applying for a CLP or CDL* — ( 1 ) *In general.* For current or former military service members, as defined in § 383.5, who meet the conditions and limitations set forth in paragraph (a)(2) of this section, a State may waive the requirements in §§ 383.23(a)(1) and 383.25(a)(3) that a person must pass a knowledge test for a CLP or CDL.
( 2 ) *Conditions and limitations.* A current or former military service member applying for waiver of the knowledge test described in paragraph (a)(1) of this section must certify and provide evidence that, during the 1-year period immediately prior to the application, he/she: ( i ) Is or was regularly employed and designated as a: ( A ) Motor Transport Operator—88M (Army);
( B ) PATRIOT Launching Station Operator—14T (Army);
( C ) Fueler—92F (Army);
( D ) Vehicle Operator—2T1 (Air Force);
( E ) Fueler—2F0 (Air Force);
( F ) Pavement and Construction Equipment Operator—3E2 (Air Force);
( G ) Motor Vehicle Operator—3531 (Marine Corps); or
( H ) Equipment Operator—E.O. (Navy).
( ii ) Is operating a vehicle representative of the CMV type the driver applicant expects to operate upon separation from the military, or operated such a vehicle type immediately preceding separation from the military;
( iii ) Has not simultaneously held more than one civilian license (in addition to a military license);
( iv ) Has not had any license suspended, revoked, or cancelled;
( v ) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b);
( vi ) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c); and
( vii ) Has not had any conviction for a violation of military, 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.
( b ) *Driving skills test waivers for certain current or former military service members applying for a CDL* — ( 1 ) *In general.* At the discretion of a State, the driving skills test required by § 383.23(a)(1), and as specified in § 383.113, may be waived for a CMV driver with military CMV experience who is currently licensed at the time of his/her application for a CDL and substituted with an applicant's driving record in combination with certain driving experience.
( 2 ) *Conditions and limitations.* The State shall impose conditions and limitations to restrict the applicants from whom a State may accept alternative requirements for the driving skills test described in § 383.113. Such conditions must require at least the following: ( i ) An applicant must provide evidence and certify that he/she: ( A ) Is regularly employed or was regularly employed within the last year in a military position requiring operation of a CMV;
( B ) Was exempted from the CDL requirements in § 383.3(c); and
( C ) Was operating a vehicle representative of the CMV type the driver applicant operates or expects to operate, for at least the 2 years immediately preceding separation from the military.
( ii ) An applicant must certify that, during the 2-year period immediately prior to applying for a CDL, he/she: ( A ) Has not simultaneously held more than one civilian license (in addition to a military license);
( B ) Has not had any license suspended, revoked, or cancelled;
( C ) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b);
( D ) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c); and
( E ) Has not had any conviction for a violation of military, State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic crash, and has no record of a crash in which he/she was at fault.
( c ) *Endorsement waivers for certain current or former military service members applying for a CLP or a CDL* — ( 1 ) *Passenger.* For current or former military service members, as defined in § 383.5, who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in § 383.25(a)(5)(i), § 383.93(a) and (c)(2) that an applicant must pass a driving skills test and a specialized knowledge test, described in § 383.117, for a passenger (P) endorsement.
( 2 ) *Tank vehicle.* For current or former military service members, as defined in § 383.5, who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in §§ 383.25(a)(5)(iii) and 383.93(a) and (c)(3) that an applicant must pass a specialized knowledge test, described in § 383.119, for a tank vehicle (N) endorsement.
( 3 ) *Hazardous materials.* For current or former military service members, as defined in § 383.5, who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in § 383.93(a)(1) and (c)(4) that an applicant must pass a specialized knowledge test, described in § 383.121, for a hazardous materials (H) endorsement. States must continue to meet the requirements for a hazardous materials endorsement in subpart I of this part.
( 4 ) *Conditions and limitations.* A current or former military service member applying for waiver of the driving skills test or the specialized knowledge test for a passenger carrier endorsement, the knowledge test for the tank vehicle endorsement, or the knowledge test for the hazardous materials endorsement, must certify and provide evidence that, during the 1-year period immediately prior to the application, he/she: ( i ) Is or was regularly employed in a military position requiring operation of a passenger CMV, if the applicant is requesting a waiver of the knowledge and driving skills test for a passenger endorsement; operation of a tank vehicle, if the applicant is requesting a waiver of the knowledge test for a tank vehicle endorsement; or transportation of hazardous materials, if the applicant is requesting a waiver of the knowledge test for a hazardous materials endorsement;
( ii ) Has not simultaneously held more than one civilian license (in addition to a military license);
( iii ) Has not had any license suspended, revoked, or cancelled;
( iv ) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b);
( v ) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c); and
( vi ) Has not had any conviction for a violation of military, State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic crash, and has no record of a crash in which he/she was at fault.
[83 FR 48975, Sept. 28, 2018]