Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.01.92-002 - Regulations for Commercial Driver's License Waiver for Farm-Related Businesses

Current through Register Vol. 49, No. 6, June, 2024
I
The Office of Driver Services of the Department of Finance &
			 Administration for this State may issue restricted commercial driver's licenses
			 (CDLs) to seasonal drivers for the following specific farm-related service
			 industries:
(a) ; farm retail outlets
		  and suppliers;
(b) agri-chemical
		  businesses;
(c) custom harvesters;
		  and
(d) livestock feeders. If
		  issued, such restricted CDLs shall be issued only in accordance with those
		  guidelines set out in the recently amended portion of 49 CFR 383, including,
		  but not limited to, the following:
A. Waived
		  drivers shall not be required to take or pass the CDL skills or knowledge tests
		  but shall be required to meet all other requirements of the CDL regulations
		  included in 49 CFR 383.
B. A waived
		  driver shall be issued only one license. That restricted CDL shall also
		  authorize the waived driver to drive any non-commercial vehicle for personal
		  use!
C. A restricted CDL shall not
		  be issued to an individual unless it is determined that such individual has a
		  "good driving record" and at least one year of driving experience in any type
		  of vehicle. The "good driving record" criteria set out in the recently amended
		  portion of 49 CFR 383 shall be utilized in making this determination.
D. A restricted CDL shall allow the driving
		  of automobiles by the holder of such a license as well as the driving of other
		  non-commercial motor vehicles throughout the same renewal cycle as is allowed
		  for regular CDLs by the laws and regulations of this State,
E. Validity of any restricted CDL issued for
		  commercial motor vehicle driving shall be limited to a seasonal period or
		  periods, as defined by rules and regulations to be made and promulgated by the
		  Office of Driver Services, in conformity with the guidelines contained in the
		  recently amended portion of 49 CFR 383, not to exceed a total of 180 days of
		  commercial validity in any 12-month period.
F. The Department of Finance &
		  Administration shall revalidate each restricted CDL for commercial use by means
		  of a confirmation of the holder's good driving record prior to each season, as
		  defined by rules and regulations to be made and promulgated by the Office of
		  Driver Services in conformity with the guidelines contained in the recently
		  amended portion of 49 CFR 383, in which the driver wishes to drive commercial
		  motor vehicles.
G. The Office of
		  Driver Services shall check the driver's record through the Commercial Driver's
		  License Information System (CDLIS) prior to issuing a restricted CDL to that
		  driver and shall enter each restricted CDL holder's record into the
		  CDLIS.
H. No such restricted CDL
		  shall be issued to any drivers, seasonal or otherwise, who intend to transport
		  any products of farm equipment suppliers, utilities, or cotton ginning
		  services.
I. Use of the restricted
		  CDL in activities not related to employment in the designated industries
		  enumerated in the first paragraph of Part
		  I of these regulations shall be
		  grounds for revocation of the restricted CDL and the Office of Driver Services
		  shall include this provision in substantially this same form in any rules and
		  regulations made and promulgated by that Office.