§383.93 — DOT Regulatory Guidance
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 §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 §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 §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 §383.91 that is designed to transport passengers in commerce. The driver is, therefore, required by §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.