(1) shall prescribe minimum standards for written and driving tests of an individual operating a commercial motor vehicle;
(2) shall require an individual who operates or will operate a commercial motor vehicle to take a driving test in a vehicle representative of the type of vehicle the individual operates or will operate;
(3) shall prescribe minimum testing standards for the operation of a commercial motor vehicle and may prescribe different minimum testing standards for different classes of commercial motor vehicles;
(4) shall ensure that an individual taking the tests has a working knowledge of—
(A) regulations on the safe operation of a commercial motor vehicle prescribed by the Secretary and contained in title 49, Code of Federal Regulations; and
(B) safety systems of the vehicle;
(5) shall ensure that an individual who operates or will operate a commercial motor vehicle carrying a hazardous material—
(A) is qualified to operate the vehicle under regulations on motor vehicle transportation of hazardous material prescribed under chapter 51 of this title;
(B) has a working knowledge of—
(i) those regulations;
(ii) the handling of hazardous material;
(iii) the operation of emergency equipment used in response to emergencies arising out of the transportation of hazardous material; and
(iv) appropriate response procedures to follow in those emergencies; and
(C) is licensed by a State to operate the vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license.
(6) shall establish minimum scores for passing the tests;
(7) shall ensure that an individual taking the tests is qualified to operate a commercial motor vehicle under regulations prescribed by the Secretary and contained in title 49, Code of Federal Regulations, to the extent the regulations apply to the individual; and
(8) may require—
(A) issuance of a certification of fitness to operate a commercial motor vehicle to an individual passing the tests; and
(B) the individual to have a copy of the certification in the individual's possession when the individual is operating a commercial motor vehicle.
(2) The Secretary may prescribe regulations providing that an individual may operate a commercial motor vehicle for not more than 90 days if the individual—
(A) passes a driving test for operating a commercial motor vehicle that meets the minimum standards prescribed under subsection (a) of this section; and
(B) has a driver's license that is not suspended, revoked, or canceled.
(1) addressing the knowledge and skills that—
(A) are necessary for an individual operating a commercial motor vehicle to safely operate a commercial motor vehicle; and
(B) must be acquired before obtaining a commercial driver's license for the first time or upgrading from one class of commercial driver's license to another class;
(2) addressing the specific training needs of a commercial motor vehicle operator seeking passenger or hazardous materials endorsements;
(3) requiring effective instruction to acquire the knowledge, skills, and training referred to in paragraphs (1) and (2), including classroom and behind-the-wheel instruction;
(4) requiring certification that an individual operating a commercial motor vehicle meets the requirements established by the Secretary; and
(5) requiring a training provider (including a public or private driving school, motor carrier, or owner or operator of a commercial motor vehicle) that offers training that results in the issuance of a certification to an individual under paragraph (4) to demonstrate that the training meets the requirements of the regulations, through a process established by the Secretary.
(A) exempt a covered individual from all or a portion of a driving test if the covered individual had experience in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle;
(B) ensure that a covered individual may apply for an exemption under subparagraph (A) during, at least, the 1-year period beginning on the date on which such individual separates from service in the armed forces or reserve components; and
(C) credit the training and knowledge a covered individual received in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle for purposes of satisfying minimum standards for training and knowledge.
(i) a former member of the armed forces; or
(ii) a former member of the reserve components.
(i) the Army National Guard of the United States;
(ii) the Army Reserve;
(iii) the Navy Reserve;
(iv) the Marine Corps Reserve;
(v) the Air National Guard of the United States;
(vi) the Air Force Reserve; and
(vii) the Coast Guard Reserve.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1016; Pub. L. 106–159, title II, §201(d), Dec. 9, 1999, 113 Stat. 1760; Pub. L. 107–56, title X, §1012(b), Oct. 26, 2001, 115 Stat. 397; Pub. L. 112–141, div. C, title II, §32304(a), (c), July 6, 2012, 126 Stat. 791, 792; Pub. L. 114–94, div. A, title V, §5401(a), Dec. 4, 2015, 129 Stat. 1546.)
|Source (U.S. Code)||Source (Statutes at Large)|
|31305(a)||49 App.:2704(a).||Oct. 27, 1986, Pub. L. 99–570, §12005(a), (b), 100 Stat. 3207–171.|
In this section, the word "Federal" is omitted as unnecessary.
In subsection (a), before clause (1), the words "Not later than July 15, 1988" are omitted as obsolete. In clause (3), the words "if the Secretary considers appropriate to carry out the objectives of this title" are omitted as unnecessary.
In subsection (b)(1), the words "taken and" are omitted as unnecessary. The text of 49 App.:2704(b)(3) is omitted as obsolete.
The date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (c), is the date of enactment of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012.
2015—Subsec. (d). Pub. L. 114–94 added subsec. (d).
2012—Pub. L. 112–141, §32304(c), substituted "General driver fitness, testing, and training" for "General driver fitness and testing" in section catchline.
Subsec. (c). Pub. L. 112–141, §32304(a), added subsec. (c).
2001—Subsec. (a)(5)(C). Pub. L. 107–56 added subpar. (C).
1999—Subsec. (b)(1). Pub. L. 106–159 struck out "to operate the vehicle" after "written and driving tests" and inserted "to operate the vehicle and has a commercial driver's license to operate the vehicle" before period at end.
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Pub. L. 114–94, div. A, title V, §5506, Dec. 4, 2015, 129 Stat. 1553, provided that: "Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], and each year thereafter, the Administrator of the Federal Motor Carrier Safety Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
"(1) describes, for each State, the status of skills testing for applicants for a commercial driver's license, including—
"(A) the average wait time from the date an applicant requests to take a skills test to the date the applicant has the opportunity to complete such test;
"(B) the average wait time from the date an applicant, upon failure of a skills test, requests a retest to the date the applicant has the opportunity to complete such retest;
"(C) the actual number of qualified commercial driver's license examiners available to test applicants; and
"(D) the number of testing sites available through the State department of motor vehicles and whether this number has increased or decreased from the previous year; and
"(2) describes specific steps that the Administrator is taking to address skills testing delays in States that have average skills test or retest wait times of more than 7 days from the date an applicant requests to test or retest to the date the applicant has the opportunity to complete such test or retest."
Pub. L. 114–94, div. A, title VII, §7208, Dec. 4, 2015, 129 Stat. 1593, provided that: "The Secretary [of Transportation] shall allow a State, at the discretion of the State, to waive the requirement for a holder of a Class A commercial driver's license to obtain a hazardous materials endorsement under part 383 of title 49, Code of Federal Regulations, if the license holder—
"(1) is acting within the scope of the license holder's employment as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and
"(2) is operating a service vehicle that is—
"(A) transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less; and
"(B) clearly marked with a 'flammable' or 'combustible' placard, as appropriate."
Pub. L. 113–45, §1, Oct. 15, 2013, 127 Stat. 557, provided that:
Pub. L. 109–59, title IV, §4129, Aug. 10, 2005, 119 Stat. 1742, provided that:
Pub. L. 106–159, title II, §214, Dec. 9, 1999, 113 Stat. 1766, provided that: "The Secretary shall conduct a rulemaking to establish a special commercial driver's license endorsement for drivers of school buses. The endorsement shall, at a minimum—
"(1) include a driving skills test in a school bus; and
"(2) address proper safety procedures for—
"(A) loading and unloading children;
"(B) using emergency exits; and
"(C) traversing highway rail grade crossings."
Pub. L. 106–159, title II, §215, Dec. 9, 1999, 113 Stat. 1767, provided that: "The Secretary shall initiate a rulemaking to provide for a Federal medical qualification certificate to be made a part of commercial driver's licenses."
Pub. L. 105–178, title IV, §4018, June 9, 1998, 112 Stat. 413, provided that:
"(1) consult with States that have developed and are implementing a screening process to identify individuals with insulin treated diabetes mellitus who may obtain waivers to drive commercial motor vehicles in intrastate commerce;
"(2) evaluate the Department's policy and actions to permit certain insulin treated diabetes mellitus individuals who meet selection criteria and who successfully comply with the approved monitoring protocol to operate in other modes of transportation;
"(3) assess the possible legal consequences of permitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce;
"(4) analyze available data on the safety performance of diabetic drivers of motor vehicles;
"(5) assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial motor vehicle operations; and
"(6) consult with interested groups knowledgeable about diabetes and related issues.
Pub. L. 105–178, title IV, §4019, June 9, 1998, 112 Stat. 414, provided that:
Pub. L. 105–178, title IV, §4021, June 9, 1998, 112 Stat. 414, provided that:
"(A) the degree to which the technology will be cost efficient;
"(B) the degree to which the technology can be effectively used in diverse climatic regions of the Nation; and
"(C) the degree to which the application of the technology will further emissions reductions, energy conservation, and other transportation goals.