LCV grandfather clause

Scope

The grandfathering provision only applies to those who applied for grandfathering between June 1, 2004, and June 1, 2005.

Regulatory citations

• 49 CFR 380.111 — Substitute for driver training

Key definitions

• Longer combination vehicle (LCV): Any combination of a truck-tractor and two or more trailers or semi-trailers, which operate on the National System of Interstate and Defense Highways with a gross vehicle weight greater than 80,000 pounds.

Summary of requirements

Certificate of grandfathering. In order to be grandfathered, individuals must certify that, during the two-year period immediately preceding the date of application for a Certificate of Grandfathering, they had:

• A valid Class A commercial driver’s license (CDL) with a double/triple trailers endorsement;
• No more than one driver’s license;
• No suspension, revocation, or cancellation of their CDL;
• No convictions for a major offense while operating a commercial motor vehicle (CMV) (383.51(b));
• No convictions for a railroad-highway grade crossing offense while operating a CMV (383.51(d));
• No convictions for violating an out-of-service order (383.51(e));
• No more than one conviction for a serious traffic violation, as defined in 383.5 while operating a CMV; and
• No convictions for a violation of state or local law relating to motor vehicle traffic control arising in connection with any traffic crash while operating a CMV.

Individuals must certify and provide evidence that they:

• Are regularly employed in a job requiring the operation of a CMV that requires a CDL with a double/triple trailers endorsement; and
• Have operated, during the two years immediately preceding the date of application for a Certificate of Grandfathering, vehicles representative of the type of LCV that they seek to continue operating.

A motor carrier must issue a Certificate of Grandfathering to a person who meets the requirements and a copy must be kept in the individual’s driver qualification file.