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(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States. |
(b) The exceptions contained in §390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in §390.3(f) must comply with the requirements of this part, unless otherwise provided in this section. |
(c) Exception for certain military drivers. Each State must exempt from the requirements of this part individuals who operate CMVs for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians. |
(d) Exception for farmers, firefighters, emergency response vehicle drivers, and drivers removing snow and ice. A State may, at its discretion, exempt individuals identified in paragraphs (d)(1), (d)(2), and (d)(3) of this section from the requirements of this part. The use of this waiver is limited to the driver's home State unless there is a reciprocity agreement with adjoining States. (1) Operators of a farm vehicle which is: (i) Controlled and operated by a farmer, including operation by employees or family members; |
(ii) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm; |
(iii) Not used in the operations of a for-hire motor carrier, except for an exempt motor carrier as defined in §390.5 of this subchapter; and |
(iv) Used within 241 kilometers (150 miles) of the farmer's farm. |
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(2) Firefighters and other persons who operate CMVs which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies. |
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[B] The employing governmental entity determines that a snow or ice emergency exists that requires additional assistance. |
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(ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles. |
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(e) Restricted commercial drivers license (CDL) for certain drivers in the State of Alaska. (1) The State of Alaska may, at its discretion, waive only the following requirements of this part and issue a CDL to each driver that meets the conditions set forth in paragraphs (e) (2) and (3) of this section: (i) The knowledge tests standards for testing procedures and methods of subpart H, but must continue to administer knowledge tests that fulfill the content requirements of subpart G for all applicants; |
(ii) All the skills test requirements; and |
(iii) The requirement under §383.153(a)(4) to have a photograph on the license document. |
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(2) Drivers of CMVs in the State of Alaska must operate exclusively over roads that meet both of the following criteria to be eligible for the exception in paragraph (e)(1) of this section: (i) Such roads are not connected by land highway or vehicular way to the land-connected State highway system; and |
(ii) Such roads are not connected to any highway or vehicular way with an average daily traffic volume greater than 499. |
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(3) Any CDL issued under the terms of this paragraph must carry two restrictions: (i) Holders may not operate CMVs over roads other than those specified in paragraph (e)(2) of this section; and |
(ii) The license is not valid for CMV operation outside the State of Alaska. |
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(f) Restricted CDL for certain drivers in farm-related service industries. (1) A State may, at its discretion, waive the required knowledge and skills tests of subpart H of this part and issue restricted CDLs to employees of these designated farm-related service industries: (i) Agri-chemical businesses; |
(iii) Farm retail outlets and suppliers; |
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(2) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except subpart H of this part. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs. |
(3) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows: (i) Applicants must have a good driving record as defined in this paragraph. Drivers who have not held any motor vehicle operator's license for at least one year shall not be eligible for this CDL. Drivers who have between one and two years of driving experience must demonstrate a good driving record for their entire driving history. Drivers with more than two years of driving experience must have a good driving record for the two most recent years. For the purposes of this paragraph, the term good driving record means that an applicant: [A] Has not had more than one license; |
[B] Has not had any license suspended, revoked, or canceled; |
[C] Has not had any conviction for any type of motor vehicle for the disqualifying offenses contained in §383.51(b); |
[D] Has not had any conviction for any type of motor vehicle for serious traffic violations; and |
[E] Has not had any conviction for a violation of State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he/she was at fault. |
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(ii) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs but shall be limited to the seasonal period or periods as defined by the State of licensure, provided that the total number of days in any calendar year for which the restricted CDL is valid does not exceed 210. If a State elects to provide for more than one seasonal period, the restricted CDL is valid for commercial motor vehicle operation only during the currently approved season, and must be revalidated for each successive season. Only one seasonal period of validity may appear on the license document at a time. The good driving record must be confirmed prior to any renewal or revalidation. |
(iii) Restricted CDL holders are limited to operating Group B and C vehicles, as described in subpart F of this part. |
(iv) Restricted CDLs shall not be issued with any endorsements on the license document. Only the limited tank vehicle and hazardous materials endorsement privileges that the restricted CDL automatically confers and are described in paragraph (f)(3)(v) of this section are permitted. |
(v) Restricted CDL holders may not drive vehicles carrying any placardable quantities of hazardous materials, except for diesel fuel in quantities of 3,785 liters (1,000 gallons) or less; liquid fertilizers (i.e., plant nutrients) in vehicles or implements of husbandry in total quantities of 11,355 liters (3,000 gallons) or less; and solid fertilizers (i.e., solid plant nutrients) that are not transported with any organic substance. |
(vi) Restricted CDL holders may not hold an unrestricted CDL at the same time. |
(vii) Restricted CDL holders may not operate a commercial motor vehicle beyond 241 kilometers (150 miles) from the place of business or the farm currently being served. |
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(g) Restricted CDL for certain drivers in the pyrotechnic industry. (1) A State may, at its discretion, waive the required hazardous materials knowledge tests of subpart H of this part and issue restricted CDLs to part-time drivers operating commercial motor vehicles transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives. |
(2) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows: (i) The GVWR of the vehicle to be operated must be less than 4,537 kilograms (10,001 pounds); |
(ii) If a State believes, at its discretion, that the training required by §172.704 of this title adequately prepares part-time drivers meeting the other requirements of this paragraph to deal with fireworks and the other potential dangers posed by fireworks transportation and use, the State may waive the hazardous materials knowledge tests of subpart H of this part. The State may impose any requirements it believes is necessary to ensure itself that a driver is properly trained pursuant to §172.704 of this title. |
(iii) A restricted CDL document issued pursuant to this paragraph shall have a statement clearly imprinted on the face of the document that is substantially similar as follows: "For use as a CDL only during the period from June 30 through July 6 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds). |
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(3) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except those specifically identified. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs. |
(4) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs, but shall be limited to the seasonal period of June 30 through July 6 of each year or a lesser period as defined by the State of licensure. |
(5) Persons who operate commercial motor vehicles during the period from July 7 through June 29 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds) and who also operate such vehicles for the same purposes during the period June 30 through July 6 shall not be issued a restricted CDL pursuant to this paragraph. |
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(h) Exception for drivers of "covered farm vehicles." The rules in this part do not apply to a driver of a "covered farm vehicle," as defined in §390.5 of this chapter. |
(i) Hazardous materials endorsement exemption for certain drivers transporting diesel. A State may waive the requirement for a holder of a Class A commercial driver's license to obtain a hazardous materials endorsement under this part, if the license holder is: (1) Acting within the scope of the license holder's employment, and within the State of domicile (or another State with a hazardous materials endorsement exemption) as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and |
(2) Operating a service vehicle that is: (i) Transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less; and |
(ii) Clearly marked with a "flammable" or "combustible" placard, as appropriate. |
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[61 FR 9564, Mar. 8, 1996, as amended at 61 FR 14679, Apr. 3, 1996; 62 FR 1296, Jan. 9, 1997; 67 FR 49755, July 31, 2002; 67 FR 61821, Oct. 2, 2002; 78 FR 16194, Mar. 14, 2013; 78 FR 58479, Sept. 24, 2013; 81 FR 47720, July 22, 2016; 81 FR 68346, Oct. 4, 2016; 81 FR 71016, Oct. 14, 2016] §383.3 — DOT Regulatory Guidance 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 §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 §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 §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 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 §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 §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 §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 §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 (§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.
(1) require an applicant for a CDL farmer waiver (§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 §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 (§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 (§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 §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.
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