Arkansas Administrative Code › Agency 130 - Arkansas State Police › Rule 130.00.07-002 - Commercial Driver's License Rules

Current through Register Vol. 49, No. 6, June, 2024
Rule
		  1.0 - ADOPTION; AUTHORITY
The Department of the Arkansas State Police ("Department" or
			 "Arkansas State Police") hereby adopts the following rules for the
			 implementation of the costs for testing and re-testing of the Commercial
			 Driver's License Program (program), as set forth in Act 241 of 1989, codified
			 as Ark. Code Ann. §§
								27-23-101,
			 et seq., as amended, including §
								27-23-108,
			 under Act 256 of 2007, and under the Director's additional authority in Ark.
			 Code Ann. §§
								25-15-201, et
			 seq., the Arkansas Administrative Procedure Act, and other applicable laws.
			 Additional authority is under the directive(s) of the Federal Motor Carrier
			 Safety Administration, U.S. Department of Transportation, to which the State of
			 Arkansas adheres for continuing eligibility for receipt of federal highway
			 administration funds. See the Commercial Motor Vehicle Safety Act of 1986; and
			 49 CFR
			 383.123; under subsection (a)(1), as to "S"
			 and "P" driver's license endorsements. The Department shall, from time to time,
			 make and enact other such rules as they become necessary for the effective
			 administration of the program.
Rule
		  2.0 - PURPOSE § PROCEDURES; COSTS; PERMITS; RENEWALS;
		  RE-TESTS
These rules will establish and set forth the cost of application
			 and testing for the Commercial Driver's License (CDL).
Rule 2.1 - The initial application for the
		  CDL, which includes written knowledge exams, and skill testing shall be fifty
		  dollars ($50); except as hereinafter set out.
Rule 2.2 - If an applicant fails to pass any
		  portion of the tests on three (3) separate dates during the testing process,
		  he/she will be required to purchase an additional fifty dollar ($50)
		  application prior to the resumption of testing. This section of the rules shall
		  apply any time an applicant accumulates three (3) failures on a single
		  application.
Rule 2.3 - CDL holders
		  wishing to obtain additional endorsements by knowledge testing must purchase a
		  ten dollar ($10) application per endorsement. This application is valid for one
		  (1) administration of the test. If the applicant fails the knowledge test,
		  he/she will be required to purchase an additional ten dollar ($10) application
		  prior to the resumption of testing. This procedure will apply any time an
		  applicant fails a knowledge test for an endorsement.
Rule 2.4 - Upon the renewal of the CDL, the
		  applicant with a Hazardous Materials endorsement is required to pass the
		  knowledge test for Hazardous Materials. The application fee is the same as
		  outlined in Rule 2.3.
Rule 2.5 -
		  Should a CDL holder elect to obtain a higher class of license, there will be an
		  additional skills test in the vehicle class, as well as other examinations set
		  forth by statute. This procedure will entail payment of a fifty dollar ($50)
		  application fee.
Rule 2.6 -
		  Instruction permits will be issued by the Arkansas State Police for a period of
		  six (6) months, with an allowance for one (1) renewal for up to one (1) year.
		  There will be no fee for instruction permits.
Rule 2.7 - In the event that the holder of a
		  CDL should have his/her driving privileges suspended or revoked for a period of
		  one (1) year or more, he/she must submit for full re-test for a CDL and pay the
		  application fee outlined in Rule
		  2.1.
Rule 2.8 - Applicants for a CDL to operate a
		  school bus, transit bus drivers who (whose operator is employed by or paid with
		  state or federal funds; who operates buses, vans and other similar vehicles for
		  the transportation of persons) or a church bus shall pay a reduced application
		  fee of twenty dollars ($20) in lieu of the application fee set out in Rule
		  2.1 above.
Rule 2.9. The twenty dollar ($20) application
		  fee is valid for four (4) knowledge tests: General Knowledge; Air Brakes;
		  Passenger and School Bus; and Skills. If an Applicant fails to pass any of the
		  tests on three (3) separate dates during the testing process, he/she will be
		  required to purchase an additional twenty dollar ($20) application prior to the
		  resumption of testing. This rule will apply to every third consecutive failure
		  thereafter any time an applicant accumulates three (3) failures on any
		  application.
Rule 2.10 - In the
		  event a person fails any knowledge section of the CDL test, and wishes to
		  re-test, there will be a one (1) day waiting period before
		  re-testing.
Rule 3.0 - WAITING
		  PERIODS BEFORE RE-TESTING; LIMITATIONS ON TESTING
In the event a person fails any section of a CDL skills test, and
			 wishes to re-test, there will be a five (5) day waiting period before
			 re-testing.
Rule 3.1 - All
		  Arkansas State Police CDL examiners, third party CDL examiners, part-time or
		  contract CDL examiners will be limited to a maximum of five (5) CDL skills
		  tests per day; and one (1) examiner will administer each section of the skills
		  test in full sequence until the applicant has successfully completed the skills
		  test, or until a failure occurs.
Rule
		  4.0 EFFECTIVE DATE
These Rules shall be effective on and after October 15, 2007. The
			 Rules shall apply to all payments made for CDL testing on or after October 15,
			 2007.
_______ SIGNED _________________________
COLONEL WINFORD E. PHILLIPS, DIRECTOR, DEPARTMENT OF ARKANSAS
			 STATE POLICE
_______ October 15, 2007 ______________
DATE