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Question 1: Must a new State of record accept the out-of-State driving record on CDL transfer applications and include this record as a permanent part of the new State’s file?
Guidance: Yes.
Question 2: May a State allow an applicant to keep his/her current valid State license when issued a FRSI-restricted CDL?
Guidance: No. That would violate the single-license requirement.
Question 3: Does the word “issuing” as used in §383.73(b) include both temporary 60-day CDLs and permanent CDLs?
Guidance: Yes, the word “issuing” applies to all CLPs/CDLs whether they are temporary or permanent.
Question 4: May States accept applications for a CLP from individuals who are not domiciled in the State but who receive CDL training within the State, and administer the knowledge test to these individuals?
Guidance: Yes. Section 383.73 does not prohibit States from accepting and processing CLP applications from Out-of-State applicants (e.g., individuals who are not domiciled in the State but who receive training there) and administering the knowledge test to such applicants, provided there is agreement between the testing State and the applicant’s State of domicile. In particular: (1) The testing State must administer the general knowledge test in accordance with part 383, subparts F, G, and H; (2) transmission of general knowledge test results and any other supporting documentation shall occur by a direct, secure, electronic means to the State of domicile; and (3) in accordance with §383.73(h), only the State of domicile may create the CDLIS record and issue the physical CLP. Ultimately, the responsibility for compliance with all requirements of §§383.71 and 383.73 remains with the State of domicile. Under §383.79, States of domicile are already required to accept skills test results from other States; this guidance clarifies that States of domicile may (but are not required to) accept knowledge test results from other States in the same manner. This guidance shall not be construed to allow a State to issue a CLP or CDL to an individual who is not domiciled in that State. Both the CLP and the CDL must be issued by the State of domicile, as required by 49 U.S.C. 31311(a)(12)(A).
Question 5: What is the specific role that the State Driver Licensing Agencies (SDLAs) will play as detailed in the entry-level driver training (ELDT) regulations?
Guidance: SDLAs must verify that an entry-level driver has completed the required training before allowing the driver to proceed with testing. The point at which the SDLA must verify completion of entry-level driver training depends on the type of license or endorsement the applicant is seeking.
Specifically, the State must:
- Initiate and complete a check of the applicant’s driving record to ensure that the person is not subject to any disqualification under §383.51, or any license disqualification under State law, does not have a driver’s license from more than one State or jurisdiction, and has completed the required training prescribed in subpart F of part 380;
- Check with CDLIS to determine whether the driver applicant already has been issued a CDL, whether the applicant’s license has been disqualified, or if the applicant has been disqualified from operating a commercial motor vehicle;
- Check before an applicant is issued a Class A or Class B CDL, or a passenger (P), school bus (S), or hazardous materials (H) endorsement, whether the applicant has completed the training required by subpart F of part 380 of this subchapter;
- Not conduct a skills test of an applicant for a Class A or Class B CDL, or a passenger (P) or school bus (S) endorsement until the State verifies electronically that the applicant completed the training prescribed in subpart F of part 380 of this subchapter.
- Not issue an upgrade to a Class A or Class B CDL, or a passenger (P), school bus (S), or hazardous materials (H) endorsement, unless the applicant has completed the training required by subpart F of part 380 of this subchapter.