Commercial Driver's License Standards, Requirements and Penalties; Regulatory Guidance

Commercial Driver's License Standards, Requirements and Penalties; Regulatory Guidance

Commercial Driver's License Standards, Requirements and Penalties; Regulatory Guidance

Raymond P Martinez
Federal Motor Carrier Safety Administration
8 March 2019

[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Rules and Regulations]
[Pages 8464-8474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04180]

[[Page 8464]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 384

[Docket No. FMCSA-2016-0429]

Commercial Driver's License Standards, Requirements and
Penalties; Regulatory Guidance

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notification of updated regulatory guidance; request for
comments.

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SUMMARY: FMCSA revises certain regulatory guidance concerning the
``Commercial Driver's License Standards; Requirements and Penalties''
and ``State Compliance with Commercial Driver's License Program''
rules. FMCSA seeks comment specifically on the deletion of 47 FMCSA
guidance statements because: The rule is clear and further guidance is
not needed; the deleted guidance was unclear; the deleted guidance is
duplicative of other guidance statements; or the guidance is obsolete
due to rulemakings completed since the guidance was issued. In
addition, other guidance statements were revised for clarity and
reorganized so that like content is grouped together. While this
guidance is effective immediately, FMCSA is also seeking comments on
the revisions to this guidance regarding commercial driver's license
standards, requirements, and penalties and may issue additional changes
if comments demonstrate a need. It is noted, however, that the
Commercial Driver's License (CDL) regulations are not amended.

DATES: Effective Date: The updated guidance is effective on March 7,
2019.
Comment Date: Comments must be received on or before May 7, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0429 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov. Follow the
on-line instructions for submitting comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 0590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The on-line Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its guidance process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, CDL Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, phone (202) 366-0677, email
Selden.Fritschner@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

The Federal Motor Carrier Safety Regulations (FMCSRs) are located
in chapter III of subtitle B of title 49 of the Code of Federal
Regulations (49 CFR parts 350 through 399). FMCSA employs regulatory
guidance statements to explain how the Agency applies particular
regulations to specific facts. A guidance statement does not alter the
meaning of an FMCSR. Guidance statements are provided in question-and-
answer format; statements interpreting the same regulation are numbered
(e.g., ``Section 395.8, Question 7'').
The Agency notifies the public of regulatory guidance through
publication in the Federal Register. Over the years, the Federal
Highway Administration (FHWA), FMCSA's predecessor agency, and FMCSA
have published regulatory guidance on numerous occasions interpreting
many parts of the FMCSRs. In 1997, FHWA published a comprehensive
compilation of its regulatory guidance (62 FR 16370, April 4, 1997).
The Agency stated that regulatory guidance issued prior to that date
was superseded to the extent it was inconsistent with the compilation.
Agency guidance published since then has been limited to specific
topics that amend or supplement the 1997 document.
Section 5203 of the Fixing America's Surface Transportation Act
(Pub. L. 114-94, 129 Stat. 1312, 1535, Dec. 4, 2015) (FAST Act), titled
``Guidance,'' requires that each guidance document issued by FMCSA have
a date of issuance or a date of revision, as applicable, and include
the name and contact information of a point of contact at the Agency
who can respond to questions regarding the guidance. In addition, this
section of the FAST Act requires that each guidance document issued or
revised by FMCSA be published on a publicly accessible internet website
of the Department on the date of issuance or revision. As a result,
these interpretations will also be published on FMCSA's website at
www.fmcsa.dot.gov.
Further, Section 5203 requires that not later than 5 years after
the date on which a guidance document is published under paragraph
(a)(2) or during an applicable review under subsection (c), whichever
is earlier, the Secretary must revise regulations to incorporate the
guidance document to the extent practicable. FMCSA considered this
requirement in making deletions and edits to guidance where the
regulations themselves now fully address questions answered by the
guidance. For example, Question 4 under section 383.73 clarifies that
State Driver Licensing Agencies (SDLAs) may facilitate the commercial
learner's permit application process and to administer the commercial
driver's license general knowledge test to individuals who are not
domiciled in that State. FMCSA anticipates publishing a rulemaking to
incorporate the guidance document into the regulations. This question
would be removed from the guidance when that rulemaking is complete.
Section 5203 also requires that the Administrator publish in the
Federal Register a notice and request for comment that solicits input
from stakeholders on which guidance documents should be updated or
eliminated. Because improvement of guidance documents is a focus for
all

[[Page 8465]]

components of the Department (not just FMCSA), DOT will publish a
Federal Register document inviting public comments on which DOT
guidance (from any DOT operating administration) should be updated or
eliminated. In addition, FMCSA is also reviewing its interpretations
and guidance incrementally, starting with parts 383 and 384. This
document serves as a separate request for comments and input on
guidance for these specific parts.
In response to the FAST Act, FMCSA is also reviewing the guidance
statements for 49 CFR part 325 (Compliance with Interstate Motor
Carrier Noise Emission Standards) and the rest of the FMCSRs (49 CFR
parts 350-382 and 385-399). Any such revisions shall be the subject of
separate future Federal Register documents.
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\1\ See https://www.fmcsa.dot.gov/advisory-committees/mcsac/welcome-fmcsa-mcsac.
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The Agency also tasked its Motor Carrier Safety Advisory Committee
(MCSAC) \1\ with reviewing the existing guidance statements to obtain
stakeholders' views prior to making the preliminary decision concerning
the deletion, revision, and reorganization of guidance statements. The
MCSAC provided recommendations to FMCSA on November 21, 2016, which are
available in the docket listed at the beginning of this document. The
MCSAC recommendations included guidance statements for 49 CFR parts 383
and 384. FMCSA reviewed the MCSAC final report in the development of
these guidance changes. It should be noted that the guidance published
today does not include all of the deletions recommended by MCSAC
because the Agency believes some of the guidance still has value. In
other cases, FMCSA proposes to delete guidance not recommended for
deletion by MCSAC.

Regulatory Guidance Previously Deleted

Since the 1997 comprehensive publication, the guidance noted on the
table below was deleted pursuant to the cited Federal Register
documents. FMCSA restates those deletions in Table 1 of this document
as subsequent regulatory publications did not properly reflect those
deletions.

Table 1--Deletions by Final Rule (Date and Federal Register Edition
Noted)
------------------------------------------------------------------------
Previous guidance Previously deleted
Section numbers by:
------------------------------------------------------------------------
383.5......................... 3 and 4.......... Final Rule titled
``Gross Combination
Weight Rating;
Definition'' dated
March 19, 2014 (79
FR 15245).
383.23........................ 1, 2, and 4...... Final Rule titled,
``Commercial
Driver's License
Testing and
Commercial Learner's
Permit Standards
dated May 9, 2011
(76 FR 26854).
383.73........................ 11............... Final Rule titled,
``Commercial
Driver's License
Testing and
Commercial Learner's
Permit Standards
dated May 9, 2011
(76 FR 26854).
383.95........................ 2 and 3.......... Final Rule titled,
``Commercial
Driver's License
Testing and
Commercial Learner's
Permit Standards
dated May 9, 2011
(76 FR 26854).
383.113....................... 1 and 2.......... Final Rule titled,
``Commercial
Driver's License
Testing and
Commercial Learner's
Permit Standards
dated May 9, 2011
(76 FR 26854).
383.131....................... 1................ Final Rule titled,
``Commercial
Driver's License
Testing and
Commercial Learner's
Permit Standards
dated May 9, 2011
(76 FR 26854).
383.133....................... 1, 2 and 3....... Final Rule titled,
``Commercial
Driver's License
Testing and
Commercial Learner's
Permit Standards
dated May 9, 2011
(76 FR 26854).
383.153....................... 1, 2, 3, 4, 5, 6 Final Rule titled,
and 7. ``Commercial
Driver's License
Testing and
Commercial Learner's
Permit Standards
dated May 9, 2011
(76 FR 26854).
------------------------------------------------------------------------

Regulatory Guidance Deleted by This Document

FMCSA deletes 47 regulatory guidance statements that interpret
sections in parts 383 and 384 of the CDL regulations as shown in Table
2.

Table 2--Deletions by Section and Question Number
----------------------------------------------------------------------------------------------------------------
49 CFR section Previous question numbers now deleted
----------------------------------------------------------------------------------------------------------------
383.3....................................... 3, 5, 7, 11, 14, 17, 18, 32.
383.5....................................... 6, 8, 10.
383.21...................................... 1.
383.23...................................... 3.
383.37...................................... 1, 2.
383.51 (General)............................ 7, 8.
383.51 (Alcohol)............................ 1, 4, 5.
383.71...................................... 1, 2, 3, 4.
383.73...................................... 1, 2, 3, 4, 6, 9, 10, 11.
383.77...................................... 1, 2.
383.93...................................... 1, 3, 5, 11, 12.
383.95...................................... 1.
Special Topics (Motorcoaches)............... 1.
Special Topics (State Reciprocity).......... 1, 2, 3.
Special Topics (International).............. 1.
384.209..................................... 1.
384.211..................................... 1.
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[[Page 8466]]

The reason for the particular deletion is set forth in Table 3
below:

Table 3--Reasons for Deletions
------------------------------------------------------------------------
Previous guidance
49 CFR section numbers Reason
------------------------------------------------------------------------
383.3......................... 3, 7, 14, 32..... Issue addressed in
deleted question is
more accurately
addressed in other,
retained guidance.
383.93........................ 1, 3.............
383.95........................ 1................
Special Topics (State 2................
Reciprocity).
383.3......................... 5, 11............ Language of the
regulation is clear
on the issue.
383.5......................... 10...............
383.23........................ 3................
383.37........................ 1, 2.............
383.73........................ 2, 11............
383.77........................ 2................
383.93........................ 12...............
383.3......................... 18............... Current regulation
makes these
questions obsolete.
383.5......................... 8................
383.21........................ 1................
383.51 (General).............. 7, 8.............
383.51 (Alcohol).............. 4, 5.............
383.71........................ 1................
383.73........................ 1, 6, 9, 10......
383.77........................ 1................
383.93........................ 5, 11............
Special Topics (Motorcoaches). 1................
Special Topics (State 1................
Reciprocity).
384.209....................... 1................
384.211....................... 1................
383.5......................... 6................ Either the question,
answer, or both were
unclear and the
regulation is clear
on the issue.
383.71........................ 2, 3.............
383.73........................ 4................
Special Topics (State 3................
Reciprocity).
383.51 (Alcohol).............. 1................ Irrelevant to any
regulatory language
within this part.
383.71........................ 4................
383.3......................... 17............... Restates the language
of the regulation,
and, therefore, does
not clarify the
rule.
Special Topics (International) 1................ Obsolete. On February
25, 2016, the
Government of Mexico
published an accord
that changed the
validity of the
Mexican licenses.
------------------------------------------------------------------------

Regulatory Guidance Added

FMCSA adds two regulatory guidance statements that interpret
sections in the part 383 CDL regulations. These new statements were
developed in response to requests for guidance from the States and
others. The new guidance statements are in Table 4.

Table 4--New Guidance Added
------------------------------------------------------------------------
New guidance
49 CFR section number
------------------------------------------------------------------------
383.91.................................................. 6
383.113................................................. 1
------------------------------------------------------------------------

Regulatory Guidance Revised/Renumbered

FMCSA revises 55 regulatory guidance statements that interpret
sections in parts 383 and 384 and makes number changes only to 24 other
guidance statements. Technical corrections are minor ministerial
changes, for example, changing references to ``FHWA'' to ``FMCSA,''
updating regulatory citations, or making minor grammatical changes. The
revised or renumbered guidance statements are in Table 5:

Table 5--Guidance Revised or Renumbered
----------------------------------------------------------------------------------------------------------------
Previous guidance
Section number Changes New guidance number
----------------------------------------------------------------------------------------------------------------
383.3.............................. 1..................... Technical correction....... 1.
383.3.............................. 2..................... Technical correction....... 2.
383.3.............................. 4..................... Number change only; no 3.
substantive change.
383.3.............................. 6..................... Text of guidance to 4.
previous Question 7 was
added to this guidance and
number change.
383.3.............................. 8..................... Technical correction and 5.
number change.
383.3.............................. 9..................... Technical correction and 6.
number change.
383.3.............................. 10.................... Technical correction and 7.
number change.
383.3.............................. 12.................... Number change only; no 8.
substantive change.
383.3.............................. 13.................... Technical correction and 9.
number change.

[[Page 8467]]

383.3.............................. 14.................... Technical correction and Sec. 383.93,
number change. Question 1.
383.3.............................. 15.................... Technical correction and 10.
number change.
383.3.............................. 16.................... Technical correction and 11.
number change.
383.3.............................. 19.................... Number change only; no 12.
substantive change.
383.3.............................. 20.................... Number change only; no 14.
substantive change.
383.3.............................. 21.................... Number change only; no 13.
substantive change.
383.3.............................. 22.................... Number change only; no 16.
substantive change.
383.3.............................. 23.................... Number change only; no 17.
substantive change.
383.3.............................. 24.................... Number change only; no 18.
substantive change.
383.3.............................. 25.................... Technical correction and 19.
number change.
383.3.............................. 26.................... Technical correction and 15.
number change.
383.3.............................. 27.................... Technical correction and 20.
number change.
383.3.............................. 28.................... Technical correction and 21.
number change.
383.3.............................. 29.................... Edited to improve accuracy 22.
and number change.
383.3.............................. 30.................... Edited to improve accuracy 23.
and number change.
383.3.............................. 31.................... Edited to improve accuracy 24.
and number change.
383.3.............................. 33.................... Number change only; no 26.
substantive change.
383.5.............................. 1..................... Technical correction....... 1.
383.5.............................. 2..................... Number change only; no 6.
substantive change.
383.5.............................. 5..................... Technical correction and 2.
number change.
383.5.............................. 7..................... Technical correction and 3.
number change.
383.5.............................. 9..................... Technical correction and 4.
number change.
383.5.............................. 11.................... Technical correction and 5.
number change.
383.5.............................. 12.................... Technical correction and 7.
number change.
383.5.............................. 13.................... Number change only; no 8.
substantive change.
383.5.............................. 14.................... Number change only; no 9.
substantive change.
383.21............................. 2..................... Number change only; no 1.
substantive change.
383.23............................. 5..................... Technical correction and 1.
number change.
383.31............................. 1..................... Technical correction....... 1.
383.33............................. 1..................... Technical correction....... 1.
383.37............................. 3..................... Technical correction and 1.
number change.
383.37............................. 4..................... Updated pursuant to 67 FR 2.
49742, ``Commercial
Driver's License
Standards, Requirements,
and Penalties; Commercial
Driver's License Program
Improvement and
Noncommercial Motor
Vehicle Violations Final
Rule,'' July 31, 2002 and
number change.
383.51--General Questions.......... 1..................... Updated pursuant to 67 FR 1.
49742, ``Commercial
Driver's License
Standards, Requirements,
and Penalties; Commercial
Driver's License Program
Improvement and
Noncommercial Motor
Vehicle Violations Final
Rule,'' July 31, 2002.
383.51--General Questions.......... 2..................... Technical correction and 3.
number change.
383.51--General Questions.......... 3..................... Technical correction and 5.
number change.
383.51--General Questions.......... 4..................... No changes................. 4.
383.51--General Questions.......... 5..................... Technical correction and 2.
number change.
383.51--General Questions.......... 6..................... Updated pursuant to 67 FR 7.
49742, ``Commercial
Driver's License
Standards, Requirements,
and Penalties; Commercial
Driver's License Program
Improvement and
Noncommercial Motor
Vehicle Violations Final
Rule,'' July 31, 2002.
383.51--Alcohol Questions.......... 2..................... Technical correction and 1.
number change.
383.51--Alcohol Questions.......... 3..................... Technical correction and 2.
number change.
383.51--Alcohol Questions.......... 6..................... Updated pursuant to 67 FR Sec. 383.51, General
49742, ``Commercial Question 6.
Driver's License
Standards, Requirements,
and Penalties; Commercial
Driver's License Program
Improvement and
Noncommercial Motor
Vehicle Violations Final
Rule,'' July 31, 2002 and
number change.
383.51--Alcohol Questions.......... 7..................... Technical correction and Sec. 383.51, General
number change. Question 8.
383.51--Alcohol Questions.......... 8..................... Technical correction and Sec. 383.51, General
number change. Question 9.
383.71............................. 4..................... Technical correction and 1.
number change.
383.73............................. 5..................... Number change only; no 1.
substantive change.
383.73............................. 7..................... Technical correction and 2.
number change.
383.73............................. 8..................... Number change only; no 3.
substantive change.
383.73............................. NA-New as of August Assigned guidance number; 4.
11, 2017. See 82 FR no substantive change or
36101. technical corrections..
383.75............................. 1..................... Technical correction....... 1.

[[Page 8468]]

383.75............................. 2..................... Updated pursuant to 76 FR 2.
26854, ``Commercial
Driver's License Testing
and Commercial Learner's
Permit Standards Final
Rule,'' May 9, 2011..
383.75............................. 3..................... Technical correction....... 3.
383.91............................. 2..................... Technical correction....... 2.
383.91............................. 4..................... Technical correction....... 4.
383.91............................. 5..................... Technical correction....... 5.
383.93............................. 383.3, Question 14.... Technical correction and 1.
number change.
383.93............................. 2..................... Number change only; no 5.
substantive change.
383.93............................. 4..................... Technical correction and 2.
number change.
383.93............................. 7..................... Number change only; no 3.
substantive change.
383.93............................. 8..................... Number change only; no 7.
substantive change.
383.93............................. 9..................... Technical correction and 4.
number change.
383.93............................. 10.................... Number change only; no 8.
substantive change.
383.93............................. 13.................... Number change only; no 9.
substantive change.
383.93............................. 14.................... Technical correction and 10.
number change.
383.93............................. 15.................... Number change only; no 11.
substantive change.
383.93............................. 383.3, Question 34.... Technical correction and 12.
number change.
383.95............................. 4..................... Technical correction and 1.
number change.
383.153............................ 8..................... Technical correction and 1.
number change.
Special Topics--Motorcoaches and 2..................... Technical correction and 1.
CDL. number change.
384.209............................ 2..................... Number change only; no 1.
substantive change..
384.231............................ 1..................... Technical correction....... 1.
----------------------------------------------------------------------------------------------------------------

Current Guidance

The guidance published today in this document uses the following
abbreviations:

Commercial Driver's License--CDL
Commercial Motor Vehicle--CMV
Commercial Motor Vehicle Safety Act of 1986--CMVSA
Farm-Related Service Industries--FRSI
Federal Motor Carrier Safety Administration--FMCSA
Federal Motor Carrier Safety Regulations--FMCSRs
Gross Combination Weight Rating--GCWR
Gross Vehicle Weight--GVW
Gross Vehicle Weight Rating--GVWR
Hazardous Materials--HM

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

Regulatory Guidance for 49 CFR 383.3 Applicability

Question 1: Is a school or church bus driver required to obtain a
CDL?
Guidance: Yes, if the driver operates a vehicle designed to
transport 16 or more people (including the driver) or that has a GVWR
or GVW, whichever is higher, of 26,001 pounds or more.
Question 2: Do mechanics, shop help, and other occasional drivers
need a CDL?
Guidance: Yes, if the vehicle is a CMV and is operated or test-
driven on a public highway.
Question 3: Does part 383 apply to drivers of vehicles used in
``van pools''?
Guidance: Yes, if the vehicle is designed to transport 16 or more
people (including the driver) or has a GVWR or GVW, whichever is
higher, of 26,001 pounds or more.
Question 4: Does off-road motorized construction equipment meet the
definitions of ``motor vehicle'' and ``commercial motor vehicle'' as
used in Sec. 383.5 and 49 CFR 390.5?
Guidance: No. Off-road motorized construction equipment is outside
the scope of these definitions when (1) operated at construction sites;
or (2) operated on a public road open to unrestricted public travel,
provided the equipment is not used in furtherance of a transportation
purpose. Occasionally driving such equipment on a public road to reach
or leave a construction site does not amount to furtherance of a
transportation purpose. The definition of off-road motorized
construction equipment is to be narrowly construed and limited to
equipment which, by its design and function is obviously not intended
for use, nor is it used on a public road in furtherance of a
transportation purpose. Examples of such equipment include motor
scrapers, backhoes, motor graders, compactors, tractors, trenchers,
bulldozers and railroad track maintenance cranes.
Question 5: Do operators of motorized cranes and vehicles used to
pump cement at construction sites have to meet the testing and
licensing requirements of the CDL program?
Guidance: Yes, because such vehicles are designed to be operated on
the public highways, they do not qualify as off-road construction
equipment.
Question 6: May a State require persons operating recreational
vehicles or other CMVs used by groups of people, including family
members, for non-business purposes to have a CDL?
Guidance: Yes. States may extend the CDL requirements to drivers of
recreational vehicles and other vehicles used for non-business
purposes.
Question 7: Does a driver of either a tractor trailer or a straight
truck that is converted into a mobile office need a CDL?
Guidance: Yes, if the vehicle meets the definition of a CMV in
Sec. 383.5.
Question 8: Are State, county and municipal workers operating CMVs
required to obtain CDLs?
Guidance: Yes, unless they are waived by the State under the
firefighting and emergency equipment exemption in Sec. 383.3(d).
Question 9: Do the regulations require that a person driving an
empty school bus from the manufacturer to the local distributor obtain
a CDL?
Guidance: Yes. Any driver of a bus that is designed to transport 16
or more persons, or that has a GVWR of 26,001 pounds or more, is
required to obtain a CDL in the applicable class with a passenger
endorsement. This includes

[[Page 8469]]

drivers transporting empty school buses on a public highway.
Question 10: Are public transit employees known as ``hostlers,''
who maintain and park transit buses on transit system property, subject
to CDL requirements?
Guidance: No, as long as they do not operate on public highways.
Question 11: Are drivers of non-military amphibious landing craft
that are usually used in water but occasionally used on a public
highway, such as those used for sightseeing tours, subject to the CDL
requirements?
Guidance: Yes, if they are designed to transport 16 or more
passengers including the driver or have a GVWR or GVW, whichever is
higher, of 26,001 pounds or more.
Question 12: Must a civilian operator of a CMV, as defined in Sec.
383.5, who operates wholly within a military facility open to public
travel, have a CDL?
Guidance: Yes, a civilian operator of a CMV, who operates wholly
within a military facility open to public travel, must have a CDL. The
CDL requirement applies to every person who operates a CMV in
interstate, foreign or intrastate commerce. If the road, whether on
military or other private property, is open to public travel, vehicles
traveling upon it are operating in interstate, foreign or intrastate
commerce.
Question 13: Are police officers who operate buses and vans which
are designed to transport 16 or more passengers, including the driver,
and are used to transport police officers during demonstrations and
other crowd control activities required to obtain a CDL?
Guidance: Not necessarily. A State may, in its discretion, under
Sec. 383.3(d), exempt persons who operate CMVs necessary for the
preservation of life or property or the execution of emergency
governmental functions. These vehicles must be equipped with audible
and visual signals and may include Special Weapons and Tactics (SWAT)
team vehicles and other vehicles used in response to emergencies.
Question 14: Does the FMCSA include the Space Cargo Transportation
System (SCTS) off-road motorized military equipment under the
definitions of ``motor vehicle'' and ``commercial motor vehicle'' as
used in Sec. 383.5?
Guidance: No. Although the SCTS has vehicular aspects (it is
mechanically propelled on wheels), the SCTS is obviously incompatible
with highway traffic and is found only at locations adjacent to
military bases in California and Florida, and is operated by skilled
technicians. The SCTS is moved to and from its point of manufacture to
its launch site by ``driving'' the ``vehicles'' short distances on
public roads at speeds of five miles per hour or less. This is only
incidental to their primary functions; the SCTS is not designed to
operate in traffic; and its mechanical manipulation often requires a
different set of knowledge and skills. In most instances, the SCTS has
to be specially marked, escorted, and attended by numerous observers.
Question 15: Do active duty military personnel, not wearing
military uniforms, qualify for a waiver from the CDL requirements if
the CMVs are rental trucks or leased buses from the General Services
Administration?
Guidance: Yes. The drivers in question do not need to be in
military uniforms to qualify for the waivers if they are on active duty
and performing a military function.
Question 16: May fuel be considered ``farm supplies'' as used in
Sec. 383.3(d)(1)?
Guidance: Yes. The decision to grant the waiver is left to each
individual State.
Question 17: Is the transportation of seed-cotton modules from the
cotton field to the gin by a module transport vehicle considered a form
of custom harvesting activity that may be included under the FRSI
waiver (Sec. 383.3(f))?
Guidance: Yes. The transportation of seed-cotton modules from field
to gin may, at the State's discretion, be considered as custom
harvesting and therefore eligible for the FRSI waiver. However, cotton
ginning operations as an industry, and specifically the transport of
cotton from the gin, are not eligible activities under the FRSI waiver
because these activities are not considered appropriate elements of
custom harvesting.
Question 18: May a State (1) require an applicant for a CDL farmer
waiver (Sec. 383.3(d)) to take HM training as a condition for being
granted a waiver; and (2) reduce the 150-mile provision in the waiver
to 50 miles if the driver is transporting HM?
Guidance: Yes. The Federal farm waiver is permissive, not
mandatory.
Question 19: Are custom harvesters who harvest trees for tree
farmers eligible to be considered ``custom harvesters'' for purposes of
the FRSI waiver from selected CDL requirements?
Guidance: Yes, if the State considers a business that harvests
trees for tree farmers to be a custom harvesting operation, then its
employees could qualify for the FRSI-restricted CDLs, subject to the
limitations of the waiver provisions in Sec. 383.3(f).
Question 20: May a farmer who meets all of the conditions for a
farm waiver be waived from the CDL requirements when transporting
another farmer's products absent any written or verbal contract?
Guidance: No. If a farmer is transporting another farmer's products
and being paid for doing so, directly or indirectly, he or she is
acting as a for-hire carrier and does not meet the conditions for a
farm waiver. The existence of contract, written or verbal, is not
relevant to the CDL waiver provisions.
Question 21: May a State exempt CMV drivers employed by a
partnership, corporation or an association engaged in farming from the
CDL requirements under the farmer waiver (Sec. 383.3(d)) or is the
waiver only available to drivers employed by a family-owned farm?
Guidance: Yes. Since farming partnerships, corporations, and
associations are legal ``persons,'' States may exempt drivers working
for these organizations from the CDL requirements, provided they can
operate within the waiver conditions.
Question 22: May a State exempt CMV drivers employed by farm
cooperatives from the CDL requirements under the farmer waiver (Sec.
383.3(d))?
Guidance: No. The waiver covers only operators of farm vehicles
which are controlled and operated by ``farmers'' as defined in 49 CFR
390.5. The waiver does not extend to ancillary businesses, like
cooperatives, that provide farm-related services to members.
Question 23: Is a person who grows sod as a business considered a
farmer and eligible for the farmer waiver?
Guidance: Yes, the State has the discretion to recognize the
growing of sod as a farming activity and to provide an exemption under
the farmer waiver in Sec. 383.3.
Question 24: Would a tillerman, a person exercising control over
the steerable rear axle(s) on a CMV, be considered a driver or a person
who operates a CMV and be subject to applicable CDL regulations?
Guidance: Yes. A person physically located on the rear of a manned
CMV who controls a steerable rear axle while the CMV is moving at
highway speeds would be considered a person who operates a CMV, and
would, therefore, be subject to the applicable CDL regulations in part
383. A person walking beside a CMV or riding in an escort car while
controlling a steerable rear axle at slow speeds would not be
considered a person who operates a CMV, and, therefore, would not be
subject to applicable CDL regulations.

[[Page 8470]]

Regulatory Guidance for 49 CFR 383.5 Definition

Question 1:
a. Does ``designed to transport'' as used in the definition of a
CMV in Sec. 383.5 mean original design or current design when a number
of seats are removed?
b. If all of the seats except the driver's seat are removed from a
vehicle originally designed to transport only passengers to convert it
to a cargo-carrying vehicle, does this vehicle meet the definition of a
CMV in Sec. 383.5?
Guidance:
a. ``Designed to transport'' means the original design. Removal of
seats does not change the design capacity of the CMV so long as it
still transports passengers.
b. No, unless this modified vehicle has a GVWR or GVW, whichever is
higher, of 26,001 pounds or more, or is used to transport placarded HM.
This vehicle shall not transport passengers. Only the driver may occupy
this converted vehicle.
Question 2: When a State agency contracts with private parties for
services involving the operation of CMVs, is the State agency or
contractor considered the employer?
Guidance: For the purposes of part 383, if the contractor employs
individuals and assigns and monitors their driving tasks, the
contractor is considered the employer. If the State agency assigns and
monitors driving tasks, then the State agency is the employer.
Question 3: Does the definition of a CMV in Sec. 383.5 of the CDL
requirements include parking lot and/or street sweeping vehicles and is
a driver of such a vehicle required to have a CDL?
Guidance: If the GVWR of a parking lot or street sweeping vehicle
is 26,001 pounds or more, it is a CMV under Sec. 383.5. If the vehicle
is operated on a public highway, the driver would need a CDL.
Question 4: One definition of CMV is a vehicle ``designed to
transport'' 16 or more passengers, including the driver. Does that
include standing passengers if the vehicle was specifically designed to
accommodate standees?
Guidance: No. ``Designed to transport'' refers only to the number
of designated seats; it does not include areas suitable, or even
designed, for standing passengers.
Question 5: Must operators of motor graders or motor scrapers
obtain CDLs and be subject to controlled substances and alcohol testing
if they operate the equipment on public roads?
Guidance: No.
Question 6: Are rubberized collapsible containers or ``bladder
bags'' attached to a trailer considered a tank vehicle, thus requiring
operators to obtain a CDL with a tank vehicle endorsement?
Guidance: Yes.
Question 7: A driver operates a combination vehicle with a GCWR of
26,001 pounds or more. The tractor is towing a semitrailer and a full
trailer, each with a GVWR of less than 10,000 pounds. Is this
combination a Group A vehicle that requires a driver with a Class A
CDL?
Guidance: Yes. The GVWR for multiple towed units are added to
determine whether the 10,000 pound GVWR threshold has been met. If the
total GVWR for the two trailers is more than 10,000 pounds, and the
tractor's GVWR is sufficient to produce a GCWR of at least 26,001
pounds, the combination is a Group A vehicle requiring a driver with a
Class A CDL with a double/triple trailers endorsement.
For example, a combination vehicle with a GCWR of 36,000 pounds
includes a semitrailer and a trailer, each of which has a GVWR of 6,000
pounds. This is a Group A vehicle having a Gross GCWR of 36,000 pounds
inclusive of two towed units having a combined GVWR of 12,000 pounds.
Question 8: On May 9, 2011, FMCSA revised the definition of ``tank
vehicle'' to include any CMV that is designed to transport any liquid
or gaseous materials within a tank or tanks having an individual rated
capacity of more than 119 gallons or more that is either permanently or
temporarily attached to the vehicle or the chassis. Does the new
definition include loaded Intermediate Bulk Containers (IBCs) or their
tanks temporarily attached to a CMV?
Guidance: Yes. The new definition is intended to cover (1) a
vehicle transporting an IBC or other tank used for any liquid or
gaseous materials with an individual rated capacity of 1,000 gallons or
more that is either permanently or temporarily attached to the vehicle
or chassis; or (2) a vehicle used to transport multiple IBCs or other
tanks having an individual rated capacity of more than 119 gallons and
an aggregate rated capacity of 1,000 gallons or more that are
permanently or temporarily attached to the vehicle or the chassis.
Question 9: On May 9, 2011, FMCSA revised the definition of ``tank
vehicle.'' Does the new definition cover the transportation of empty
Intermediate Bulk Containers (IBCs) or other tanks, or empty storage
tanks?
Guidance: No. The definition of ``tank vehicle'' does not cover the
transportation of empty IBCs or other tanks, or empty tanks when these
containers are manifested either as empty or as residue on a bill of
lading, and are actually empty or contain only residue. Furthermore,
the definition of tank vehicle does not cover the transportation of
empty storage tanks that are not designed for transportation and have a
rated capacity of 1,000 gallons or more, that are temporarily attached
to a flatbed vehicle.

Regulatory Guidance for 49 CFR 383.21--Number of Drivers' Licenses

Question 1: Is a person from Puerto Rico required to surrender his
or her driver's license in order to obtain a non-domiciled CDL?
Guidance: No. Since Puerto Rico and the U.S. Territories are not
included in the definition of a State in section 12016 of the CMVSA (49
U.S.C. 31301(14)), they must be considered foreign countries for
purposes of the CDL requirements. Under part 383, a person domiciled in
a foreign country is not required to surrender his or her foreign
license in order to obtain a non-domiciled CDL. There are two reasons
for permitting this dual licensing to a person domiciled in Puerto
Rico: (a) There is no reciprocal agreement with Puerto Rico recognizing
its CMV testing and licensing standards as equivalent to the standards
in part 383, and (b) the non-domiciled CDL may not be recognized as a
valid license to drive in Puerto Rico.

Regulatory Guidance for 49 CFR 383.23--Commercial Driver's License

Question 1: May a foreign driver with an employment authorization
document obtain a CDL to operate a CMV in the United States?
Guidance: Yes. A foreign driver holding an employment authorization
document or an unexpired foreign passport accompanied by an approved
Customs and Border Protection (CBP) I-94 Arrival/Departure Record may
obtain a non-domiciled CDL. However, drivers who are citizens of Canada
and Mexico are not eligible for non-domiciled CDLs because FMCSA has
determined that commercial licenses issued by Canadian provinces and
territories, and the United Mexican States, are in accordance with the
standards established by our rules. Therefore, all Mexican and Canadian
drivers must have an appropriate commercial license from his or her
home country. Finally, a foreign driver who is in this country on an
employment authorization document or an unexpired foreign

[[Page 8471]]

passport accompanied by an approved CBP I-94 Arrival/Departure Record
may not obtain a resident CDL since he or she is not ``domiciled'' in a
U.S. State, as defined in Sec. 383.5 (``State of domicile'').

Regulatory Guidance for 49 CFR 383.31--Notification of Convictions for
Driver Violations

Question 1: Must an operator of a CMV (as defined in Sec. 383.5),
who holds a CDL, notify his/her current employer of a conviction for
violating a State or local (non-parking) traffic law in any type of
motor vehicle, as required by Sec. 383.31(b), even though the
conviction is under appeal?
Guidance: Yes. The taking of an appeal does not vacate or annul the
conviction, nor does it stay the notification requirements of Sec.
383.31. The driver must notify his/her employer within 30 days of the
date of the conviction.

Regulatory Guidance for 49 CFR 383.33--Notification of Driver's License
Suspensions

Question 1: When a driver (a) receives an Administrative Order of
Suspension due to a blood alcohol reading in excess of the legal limit
with notice that the suspension is not to be effective until 45 days
after the notice or after an administrative hearing, and (b) a hearing
is subsequently held, in effect suspending the license, what is the
effective date of suspension for purposes of notifying the employer
under Sec. 383.33?
Guidance: The effective date of the suspension is the date given
the employee in the Administrative Order of Suspension. For the purpose
of notifying the employer, the employee must notify his or her employer
by the end of the next business day of receiving the Administrative
Order of Suspension.

Regulatory Guidance for 49 CFR 383.37--Employer Responsibilities

Question 1: If an individual driver had two convictions for serious
traffic violations while driving a CMV, and neither the FMCSA nor his/
her State licensing agency took any disqualification action, does the
motor carrier have any obligation under FMCSA regulations to refrain
from using the driver for 60 days? If so, when does that time period
begin?
Guidance: No. The motor carrier's responsibility under Sec.
383.37(a) to refrain from using the driver begins only when it learns
of a disqualification action imposed by FMCSA or the State agency and
continues until the disqualification period set by the State or FMCSA
is completed.
Question 2: Is a driver who has a CDL and has been convicted of a
felony disqualified from operating a CMV under the FMCSRs?
Guidance: Not necessarily. The FMCSRs do not prohibit a driver who
has been convicted of a felony from operating a CMV unless the offense
involved the use of a motor vehicle, either a CMV or a non-CMV. (Table
1 to Sec. 383.51(b))

Regulatory Guidance for 49 CFR 383.51--Disqualification of Drivers-
General Questions

Question 1:
a. If a CDL holder was convicted of one ``excessive speeding'' (15
or more miles over the speed limit) violation in a CMV and the same
violation in his/her personal vehicle, would the driver be
disqualified? Or,
b. If a CDL holder was convicted of two separate ``excessive
speeding'' (15 or more miles over the speed limit) violations in his/
her personal passenger vehicle, would the driver be disqualified?
Guidance: Yes, in both cases, if the second offense was within 3
years of the first. Whether the vehicle is a CMV is irrelevant.
Question 2: If a State disqualifies a driver for two convictions
for serious traffic violations under Sec. 383.51 and that driver is
then reinstated and commits a third serious violation, what additional
period of disqualification must be imposed on that driver?
Guidance: If the third violation for a serious violation occurs
within 3 years of the original violation and the driver is convicted of
the third violation, then the driver must be disqualified for an
additional 120 days.
Question 3: Section 383.51 of the FMCSRs disqualifies a driver if
certain offenses were committed while operating a CMV. Will the States
be required to identify on the motor vehicle driver's record the class
of vehicle being operated when a violation occurs?
Guidance: No, the State must only identify whether the violation
occurred in a CMV, not the specific class of CMV. The only other
indication that is required is if the vehicle was carrying HM as
defined in Sec. 383.5.
Question 4: What is meant by leaving the scene of an accident
involving a CMV?
Guidance: As used in part 383, the disqualifying offense of
``leaving the scene of an accident involving a CMV'' is all-inclusive
and covers the entire range of situations where the driver of the CMV
is required by State law to stop after an accident and either give
information to the other party, render aid, or attempt to locate and
notify the operator or owner of other vehicles involved in the
accident.
Question 5: If a CDL holder commits an offense that would normally
be disqualifying, but the CDL holder is driving under the farm waiver
in Sec. 383.3(d)(1), must the conviction result in a disqualification
and action against the CDL holder?
Guidance: Yes. A CDL holder is subject to the disqualification
requirements, even if the CDL holder is not operating a CMV or a
vehicle requiring the CDL when the offense occurs.
Question 6: Is a driver who possesses a valid CDL issued by his/her
State of domicile, but who is suspended by another State for reasons
unrelated to the violation of a motor vehicle traffic control law,
disqualified from operating a CMV?
Guidance: No. Section 383.5 defines the term ``Disqualification''
for CDL holders and limits the basis of out-of-State disqualifications
to those resulting from a conviction for a violation of State or local
law relating to motor vehicle traffic control (other than parking,
vehicle weight or vehicle defect violations).
Question 7: May a State issue a ``conditional,'' ``occupational''
or ``hardship'' license that includes CDL driving privileges when a CDL
holder loses driving privileges to operate a private passenger vehicle
(non-CMV)?
Guidance: No. Under 49 CFR 384.210, a State may not knowingly issue
a CLP, CDL, or a commercial special license or permit (including a
provisional or temporary license) permitting a person to drive a CMV
during a period in which the CLP or CDL holder's noncommercial driving
privilege has been disqualified.
Question 8: Must the State use the date of conviction, rather than
the offense date, to calculate the starting and ending dates for the
driver disqualification period specified in Sec. 383.51?
Guidance: Yes, the State must use the date of conviction or a later
date, rather than the offense date, as the basis for calculating the
starting and ending dates for the driver disqualification period. The
use of the conviction date or a later date ensures that the driver
receives due process of law but still serves the full disqualification
required.
Question 9: Must the State use the offense date or the conviction
date to determine if two or more serious traffic

[[Page 8472]]

convictions occurred within a 3-year period?
Guidance: The State must use the offense dates to determine if two
or more serious traffic convictions fall within the 3-year period
specified in Sec. 383.51, Table 2.

Regulatory Guidance for 49 CFR 383.51--Disqualification of Drivers--
Alcohol Questions

Question 1: Is a driver disqualified for driving a CMV while off-
duty with a blood alcohol concentration over 0.04 percent?
Guidance: Yes. Any person driving a CMV, as defined in Sec. 383.5,
regardless of the person's duty status, must be disqualified if
convicted of driving with a blood alcohol concentration over 0.04
percent.
Question 2:
a. Does a receipt to drive issued pursuant to the administrative
license revocation (ALR) procedure authorize the continued operation of
a CMV when the license surrendered is a CDL?
b. Does the acceptance of a receipt to drive place the CDL holder
in violation of the one driver's license requirement?
Guidance:
a. Yes. The ALR procedure of taking possession of the driver's CDL
and issuing a receipt to drive or other ``temporary license'' is valid
under part 383. The CDL that is being held by the State is still valid
until the ALR period begins.
b. The driver violates no CDL requirements for accepting the
receipt which may be used to the extent authorized.

Regulatory Guidance for 49 CFR 383.71--Driver Application Procedures

Question 1: May a CDL skills test examiner conduct a driving skills
test administered in accordance with part 383 before a person subject
to 49 CFR part 382 is tested for alcohol and controlled substances?
Guidance: Yes. A CDL skills test examiner, including a third party
examiner, may administer a driving skills test to a person subject to
49 CFR part 382 without first testing him/her for alcohol and
controlled substances. The sole purpose of the CDL driving skills test
is to assess a person's ability to operate a CMV.

Regulatory Guidance for 49 CFR 383.73--State Procedures

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 Sec. 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 Sec. 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 Sec. Sec.
383.71 and 383.73 remains with the State of domicile. Under Sec.
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).

Regulatory Guidance for 49 CFR 383.75--Third Party Testing

Question 1: May the CDL knowledge test be administered by a third
party?
Guidance: No. The third party testing provision found in Sec.
383.75 applies only to the skills portion of the testing procedure.
However, if an employee of the State who is authorized to supervise
knowledge testing is present during the testing, then FMCSA regards it
as being administered by the State and not by a third party.
Question 2: Do third party skills test examiners have to meet all
the requirements of State-employed examiners--i.e., all the State's
qualification and training standards?
Guidance: Yes. Section 384.228 requires third party skills
examiners to meet the same qualification and training standards as
State examiners to conduct skills tests.
Question 3: Do third party skills test examiners have to be
qualified to administer skills tests in all types of CMVs?
Guidance: No, but they may administer skills tests only in those
types of CMVs for which they are qualified.

Regulatory Guidance for 49 CFR 383.91--Commercial Motor Vehicle Groups

Question 1: May a State expand a vehicle group to include vehicles
that do not meet the Federal definition of the group?
Guidance: Yes, if (a) A person who tests in a vehicle that does not
meet the Federal standard for the Group(s) for which the issued CDL
would otherwise be valid, is restricted to vehicles not meeting the
Federal definition of such Group(s); and (b) The restriction is fully
explained on the license.
Question 2: Is a driver of a combination vehicle with a GCWR of
less than 26,001 pounds required to obtain a CDL, if the trailer's GVWR
is more than 10,000 pounds?
Guidance: No, because the GCWR is less than 26,001 pounds. However,
the driver would need a CDL if the vehicle is transporting HM, as
defined in Sec. 383.5, or if it is designed to transport 16 or more
people, including the driver.
Question 3: Can a State which expands the vehicle group
descriptions in Sec. 383.91 enforce those expansions on out-of-State
CMV drivers by requiring them to have a CDL?
Guidance: No. They must recognize out-of-State licenses that have
been validly issued in accordance with the Federal standards and
operative licensing compacts.
Question 4: What CMV group is a driver of an articulated motorcoach
(bus) with a GVWR of 26,001 pounds or more required to possess?
Guidance: A driver of an articulated bus with a GVWR of 26,001
pounds or more is required to possess a Class B CDL with the proper
endorsement(s).
Question 5: Do tow truck operators need CDLs? If so, in what
vehicle group(s)?

[[Page 8473]]

Guidance: For CDL purposes, the tow truck and its towed vehicle are
treated the same as any other powered unit towing a non-powered unit.
If the GCWR of the tow truck is 26,001 pounds or more and
the towed vehicle alone exceeds 10,000 pounds GVWR, then the driver
needs a Class A CDL.
If the GVWR of the tow truck alone is 26,001 pounds or
more, and the driver either (a) drives the tow truck without a vehicle
in tow, or (b) drives the tow truck with a towed vehicle of 10,000
pounds or less GVWR, then the driver needs a Class B CDL.
A driver of a tow truck or towing configuration that does
not fit either configuration description above requires a Class C CDL
only if he or she tows a vehicle required to be placarded for HM on a
``subsequent move,'' i.e., after the initial movement of the disabled
vehicle to the nearest storage or repair facility.
Question 6: May a truck tractor (as defined in 49 CFR 390.5) be
driven on public roads by a driver with a Class B CDL?
Guidance: Yes, but only if the truck tractor is not pulling a towed
unit (trailer) that is in excess of 10,000 pounds.

Regulatory Guidance for 49 CFR 383.93--Endorsements

Question 1: Are employees of a governmental agency who drive
emergency response vehicles that transport HM in quantities requiring
placarding subject to the CDL regulations?
Guidance: No, if the vehicle is being operated under the provisions
of Sec. 383.3(d)(2).
Question 2: Would the driver in the following scenarios be required
to have a CDL with an HM endorsement?
a. A driver transports 1,001 or more pounds of Division 1.4 (Class
C explosive) materials in a vehicle with a GVWR of less than 26,001
pounds?
b. A driver transports less than 1,001 pounds of Division 1.4
materials in a vehicle with a GVWR of less than 26,001 pounds?
c. The driver transports any quantity of Division 1.1, 1.2 or 1.3
(Class A or B explosive) materials in any vehicle?
Guidance:
a. Yes; unless the explosive is a 1.4S explosive, which never
requires placarding.
b. No.
c. Yes.
Question 3: Must all drivers of vehicles required to be placarded
have CDLs containing the HM endorsement?
Guidance: Yes, unless waived by the State, as allowed by the
provisions of Sec. 383.3.
Question 4: Do persons transporting battery-powered forklifts need
to obtain an HM endorsement?
Guidance: No, battery powered vehicles and equipment are not
required to be placarded for transportation.
Question 5: Are drivers of double and triple saddle mount
combinations required to have the double/triple trailers endorsement on
their CDLs?
Guidance: Yes, if the following conditions apply:
There is more than one point of articulation in the
combination;
The GCWR is 26,001 pounds or more; and
The combined GVWR of the vehicle(s) being towed is in
excess of 10,000 pounds.
Question 6: Does an unattached tote or portable tank with a cargo
capacity of 1,000 gallons or more meet the definition of ``portable
tank'' requiring a tank vehicle endorsement on the driver's CDL?
Guidance: Yes.
Question 7: Is a driver who operates a truck tractor pulling a
heavy-haul trailer attached to the tractor by means of a ``jeep,'' that
meets the definition of a CMV under part 383 required to have a CDL
with a double/triple trailer endorsement?
Guidance: Yes. The ``jeep,'' also referred to as a load divider, is
a short frame-type trailer complete with upper coupler, fifth wheel and
undercarriage assembly and designed in such a manner that when coupled
to a semitrailer and tractor it carries a portion of the trailer
kingpin load while transferring the remainder to the tractor's fifth
wheel.
Question 8: Do tow truck operators who hold a CDL require
endorsements to tow ``endorsable'' vehicles?
Guidance: For CDL endorsement purposes, the nature of the tow truck
operations determines the need for endorsements:
If the driver's towing operations are restricted to
emergency ``first moves'' from the site of a breakdown or crash to the
nearest appropriate repair facility, then no CDL endorsement of any
kind is required.
If the driver's towing operations include any ``subsequent
moves'' from one repair or disposal facility to another, then
endorsements requisite to the vehicles being towed are required.
Exception: Tow truck operators need not obtain a passenger or school
bus endorsement.
Question 9: Does a driver who operates a straight truck equipped
with a pintle hook towing a full trailer (a semitrailer equipped with a
converter dolly) need a doubles/triples endorsement on his or her CDL?
Guidance: No. This combination is a truck towing a single trailer.
This configuration does not require a driver to have a doubles/triples
endorsement on a CDL.
Question 10: Are drivers required to have both the ``P'' passenger
and ``S'' school bus endorsement if they are not transporting students
when operating a ``school bus,'' as defined in Sec. 383.5?
Guidance: No. Only drivers actually transporting pre-primary,
primary, or secondary school students from home to school, from school
to home, or to and from school sponsored events in a school bus are
required to have both the ``P'' and ``S'' endorsements. Only a ``P''
endorsement is required by drivers delivering school buses from the
manufacturer, by mechanics and other drivers operating empty school
buses, and by drivers transporting students and/or adults to and from
events that are not sponsored by the school.
Question 11: Is a person who operates a custom motorcoach in
commerce with a GVWR or GVW greater than 26,001 pounds required to have
a passenger endorsement for his or her CDL if the vehicle is designed
or used to transport fewer than 16 passengers, including the driver?
Guidance: Yes. The motorcoach is a Heavy Straight Vehicle (Group B)
under Sec. 383.91 that is designed to transport passengers in
commerce. The driver is, therefore, required by Sec. 383.93(b)(2) to
have a passenger endorsement.
Question 12: Must the driver of an empty tank vehicle that is being
transported from the manufacturer to a local distributor or purchaser
have a tank endorsement on his or her CDL?
Guidance: The vehicle described meets the definition of a tank
vehicle and, therefore, the driver would need a tank endorsement,
unless the driver is (1) transporting an empty tank and has in his or
her possession a manifest that states that the tank is empty or
contains only a residue, or (2) the driver is transporting empty
storage tanks that are not designed for transportation and have a rated
capacity of 1,000 gallons or more, that are temporarily attached to a
flatbed vehicle. The driver does not need a manifest stating that the
storage tanks are empty or contain only residue.

Regulatory Guidance for 49 CFR 383.95--Air Brake Restrictions

Question 1: May a driver with an air brake restriction on his or
her CDL operate a CMV equipped with a hydraulic braking system that has
an air-assisted parking brake release?

[[Page 8474]]

Guidance: Yes. The air brake restriction applies only to the
principal braking system used to stop the vehicle. Section 383.95(a) is
not applicable to an air-assisted mechanism to release the parking
brake.

Regulatory Guidance for 49 CFR 383.113--Required Skills

Question 1: May a driver use a truck tractor (as defined in 49 CFR
390.5) as a representative vehicle for purposes of completing the
skills tests for a Class B CDL?
Guidance: Yes, but only if the truck tractor has a GVWR of 26,001
pounds or more.

Regulatory Guidance for 49 CFR 383.153--Information on the Document and
Application

Question 1: May a State issue a CDL without a color photograph?
Guidance: Yes, if requiring a photograph (whether in color or black
and white) would violate a driver's religious beliefs. The issuing
State must determine whether a driver's objection to a photograph has a
genuine religious basis.

Regulatory Guidance for 49 CFR 383 Special Topics CDL Requirements

Question 1: What skills test and restrictions are required for a
CDL holder seeking to add a passenger endorsement?
Guidance: The adding of an endorsement is considered a license
upgrade and is regulated by Sec. Sec. 383.71(e) and 383.73(e). The
additional knowledge and skills testing requirements for passenger
endorsements are found at Sec. 383.117. Three scenarios may arise when
a CDL holder applies for a passenger endorsement:
a. The skills test is taken in a passenger vehicle that is in the
same vehicle Class as the current CDL. In this scenario, the CDL holder
retains the preexisting class of CDL and the passenger endorsement is
added.
b. The skills test is taken in a passenger vehicle that is in a
higher vehicle Class than that of the current CDL. In this scenario,
the CDL holder is issued a higher class CDL with the passenger
endorsement.
c. The skills test is taken in a passenger vehicle that is in a
lower vehicle class than the current CDL. In this scenario, the CDL
holder retains the vehicle class of the current CDL, but is restricted
to driving passenger vehicles in the class in which the passenger
skills test was taken, or any lower class.

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

Regulatory Guidance for 49 CFR 384.209 Notification of Traffic
Violations

Question 1: Must the licensing agency establish a commercial driver
record, including a CDLIS pointer record, for a person holding a non-
commercial license issued by that jurisdiction upon receiving
notification of a conviction of any offense committed while (illegally)
operating a CMV?
Guidance: Yes.

Regulatory Guidance for 49 CFR 384.231 Satisfaction of State
Disqualification Requirement

Question 1: When accepting an applicant transferring from another
State whose record reveals a disqualifying conviction for which the
originating State did not take a disqualifying action, is the
transferee State required to take the disqualifying action?
Guidance: Yes. Section 384.206(b)(1) requires a State, including a
transferee State, to check the applicant's driving record for the past
10 years in every State where he/she was licensed. If adverse
information is discovered, Sec. 384.206(b)(3) requires a State,
including a transferee State, to ``promptly implement the
disqualifications . . . that are called for in any applicable
section(s) of this subpart.'' Section 384.231(a) makes the requirements
of Sec. 384.206(b) applicable to the ``State of licensure''--which
includes a transferee State under Sec. Sec. 384.206(b)(1) and
384.231(b) then requires disqualifying action against a CDL holder who
has been convicted of a disqualifying offense committed after the
Federal compliance date for disqualification for that offense, but has
not yet served the disqualification.

Issued on: March 1, 2019.
Raymond P Martinez,
Administrator.
[FR Doc. 2019-04180 Filed 3-7-19; 8:45 am]
BILLING CODE 4910-EX-P