Lisa Pate, CEM, FRSA Executive Director
Driving a Commercial Motor Vehicle (CMV) requires a higher level of knowledge, experience, skills, and physical abilities than that required to drive a non-commercial vehicle. In order to obtain a Commercial Driver’s License (CDL), an applicant must pass both skills and knowledge testing geared to these higher standards. Additionally, CDL holders are held to a higher standard when operating any type of motor vehicle on public roads. Serious traffic violations committed by
a CDL holder can affect their ability to maintain their CDL
certification.
Drivers have been required to have a commercial driver’s license in order to drive certain commercial motor vehicles since April 1, 1992. The types of vehicles and operations requiring a CDL are outlined below. The Federal Motor Carrier Safety Administration (FMCSA) has developed and issued standards for State testing and licensing of CDL holders. These standards require States to issue CDLs to certain CMV drivers only after the driver passes knowledge and skills tests administered by the State and related to the type of vehicle the driver expects to operate. Drivers are required to obtain and hold a CDL if they operate in interstate, intrastate, or
foreign commerce and drive a vehicle that meets one or more of the classifications of a CMV described below. Restrictions are placed on a CDL when a driver takes the Skills Test in a vehicle which lacks critical equipment present in particular types of CMVs. Examples of these restrictions are listed below. Therefore, to avoid restrictions, drivers should take the Skills Test in the same type of vehicle for which they are seeking a CDL to operate.
Driving a commercial motor vehicle is a big responsibility. It requires special skills and knowledge. Most drivers must obtain a commercial driver’s license through their home State (it is illegal to have a license from more than one State). In addition, special endorsements may be required if you or your company drivers will be driving any of the following vehicles:
■ a truck with double or triple trailers (triple trailers are illegal on Florida roads)
■ a truck with a tank
■ a truck carrying hazardous materials
■ a passenger vehicle.
Getting a CDL involves several steps. There are medical and residency requirements besides knowledge and skills requirements.
The first step is to get a copy of your state’s Commercial Driver’s Licensing Manual. The manual is available in their field locations, or can be downloaded from their website and printed. Each state has its own processes to obtain a CDL. The second step is to decide which type of vehicle and what kind of driving you want to get the license for.
There are three classes of CDLs with endorsements for specialized qualifications for vehicles like school buses, tank trucks, tractor trailers, etc. Each type of CDL and endorsement requires that you pass a skills test and, in some cases, a written test. It is important to make sure you pass all the required tests or you risk having restrictions on your license.
Once you’ve finished gathering information and make your type of vehicle and driving decisions, there are two basic steps to getting a CDL:
Step 1: Obtain the Commercial Learners Permit (CLP), a permit that only authorizes you to practice on public roads with a qualified CDL holder sitting next to you. Getting the permit involves more than just passing all the knowledge tests for the type of driving you want to do. To make sure that you are eligible, your driving record is checked for the last 10 years in all 50 states and the District of Columbia. You’ll need evidence that your state accepts to show that you are medically qualified. Most types of commercial driving
require a DOT medical card, which requires a DOT physical. Your state may require specific documents in order to prove your name and State of residency. There are fees for getting the CLP. Reading and following the instructions in your states CDL Manual streamlines the process.
Step 2: Get the Commercial Driver’s License. You are required to possess the CLP for 14 days before taking the Skills Test. Some states require the successful completion of CDL training prior to testing. Regardless, it is highly recommended that you practice the inspection tests and maneuvers in the CDL Manual that you will be tested on with a qualified individual before showing up for the test. You must pass all three parts of the Skills Test: the Vehicle Inspection Test, the Basic Controls Test, and the Road Test. Your state may even allow you to use their “training aid” to help you remember items on the vehicle inspection checklist. Taking the Skills test is no guarantee that you will pass.
Once you have passed the Skills Test, you need to submit the documentation for processing. Some states will give you the CDL that same day, while others send it to you in the mail. Regardless, make sure that everything is correct before you leave. It can be costly and embarrassing if you find a mistake later.
All applicants for a Commercial Driver License are required to have an Operator’s License and pass the vision requirements. Applicants must be at least 18 years of age. If they are under 21, they will be restricted to intrastate operation only.
Oral exams may be given in English and Spanish with the exception of Skills Test or Hazmat exams. Interpreters cannot be used during the administration of CDL oral exams or during any portions of the CDL skill exams. Be sure to study the handbook.
To operate trucks or truck combinations weighing 26,001lbs. or more, and towing a vehicle/unit over 10,000 lbs., a Class A license is needed. The following tests are required: General Knowledge test, Combinations vehicle test, Air Brakes, Pre-Trip, Basic Skills, CDL Road Test, and Applicable exams for desired endorsements.
To operate straight trucks and buses 26,001 lbs. or more, a Class B license is needed. The following tests are required: General Knowledge test, Air Brakes (if applicable), Pre-Trip, Basic Skills, CDL Road Test, and Applicable exams for desired endorsements.
To operate vehicles transporting placarded amounts of hazardous materials, or vehicles designed to transport more than 15 persons including the driver with Gross Vehicle Weight Rating of less than 26,001 lbs., or is transporting material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or is transporting any quantity of a material listed as a select agent or toxin in 42 CFR Part 73, a Class C license is needed. The following tests are required: General Knowledge test, Air Brakes (if applicable), Pre-Trip, Basic Skills, CDL Road Test, and Applicable exams for desired endorsements.
Florida will reciprocate an out of state or a Canadian commercial driver license. However, an out of state applicant with a hazmat endorsement will have to reapply for a hazmat endorsement, which will include a background check, appropriate exams and fees.
Military or prior military customers requesting to be issued a CDL due to qualifications of experience while serving on military duty must: Pass all required knowledge and endorsement exams for the CDL license class and endorsements they are applying to obtain, Present the Certification for Waiver of Skill Test for Military Personnel form completed by their commanding officer or designee while on active duty or within 90 days of separation from the service.
Military personnel are only exempt from taking the skills exams. The process must be completed and the CDL issued within 120 days of separation from service. The Certification for Waiver of Skill Test form for Military Personnel can be provided to the customer.
“Endorsement” means a special authorization, which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers. The following endorsements can be placed on Class A, B, or C commercial driver licenses.
H. (Placard Hazmat) – Issued to those who have passed the required written and skills tests and who will transport placarded hazardous materials.
N. (Tank Vehicles) – Issued to those who have passed the required written and skills tests and who will drive tank vehicles.
P. (Passengers) – Issued to those who have passed the required written and skills tests and who will drive passenger vehicles.
T. (Double/Triple Trailers) – Issued to those who have passed the required written and skills tests and who will drive double or triple tractor-trailer vehicles. Triple trailers are not allowed on Florida roads.
X. (Placarded Hazmat & Tank Vehicles) – Issued to those who qualify for the H and N endorsements.
While FMCSA sets the minimum standard that States must meet regarding CDLs and Commercial Learner’s Permits (CLP), administration and issuance of the license itself remains the exclusive function of the States, along with the application process, license fee, license renewal cycle and procedures and reinstatement requirements after a disqualification, provided that the Federal standards and criteria are met. States may exceed the Federal requirements for certain criteria, such a medical, fitness, and other driver qualifications.
States may issue commercial learner’s permits for the purposes of behind-the-wheel training on public highways as long as the learner’s permit holder is required to be accompanied by someone with a valid CDL appropriate for the class and type of vehicle operated. Further, the learner’s permit can only be issued for limited time periods. The permit holder cannot operate a commercial motor vehicle transporting hazardous materials as defined in §383.5. The permit holder must have a valid operator (non-CDL) driver’s license, and have passed such vision, sign/symbol, and knowledge tests as the State issuing the learner’s permit ordinarily administers to applicants for operator driver’s licenses.
In certain circumstances, States are permitted to issue a CDL to an individual who is not domiciled within its jurisdiction. The word “Non-domiciled” must be prominently displayed on the CDL, but does not have to be contiguous with the words “Commercial Driver’s License,” “CDL,” or “Commercial Learner’s Permit,” or “CLP.”
Non-domiciled CDL means a CDL issued by a State under either of the following two conditions:
■ To an individual domiciled in a foreign country, other than Mexico and Canada, if the person obtained the license from a State, which complies with the testing and licensing standards required for CDL drivers.
■ To an individual domiciled in another State while that State is prohibited from issuing CDLs, if the person obtained the license from any State which elected to issue non-domiciled CDLs and which complies with the testing and licensing standards required for CDL drivers.
A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $2,500 for a first conviction and not less than $5,000 for a second or subsequent conviction, in addition to disqualification under §353.51(e).
An employer who is convicted of a violation of an out-of-service order shall be subject to a civil penalty of not less than $2,750 nor more than $25,000.
An employer who is convicted of a violation of a Federal, State, or local law or regulation, pertaining to railroad-highway grade crossing shall be subject to a civil penalty of not more than $10,000.
States must be connected to the Commercial Driver’s License Information System (CDLIS) and the National Driver Register (NDR) in order to exchange information about CDL drivers, traffic convictions, and disqualifications. A State must use both the CDLIS and NDR to check a driver’s record, and the CDLIS to make certain that the applicant does not already have a CDL or is disqualified. The State shall notify the operator of the CDLIS of the issuance, transfer, renewal, or upgrade of a license within the 10-day period beginning
on the date of the license issuance.
The FMCSA has established 0.04 percent as the blood alcohol concentration (BAC) level at or above which a CDL commercial motor vehicle operator who is required to have a CDL, and is operating a commercial motor vehicle, is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the Federal regulations. Most States have established a level of 0.08 percent as the level at or above which a person operating a non-commercial vehicle is deemed to be driving under the influence of alcohol. Sanctions for alcohol-related driving violations may affect the driver’s qualifications and eligibility for both commercial and non-commercial licenses.
Within 30 days of a conviction for any traffic violation, except parking violations, a driver must notify his employer, regardless of the nature of the violation or the type of vehicle which was driven at the time.
A CMV driver must notify his employer if the driver’s license is suspended, revoked, cancelled, or if he/she is disqualified from driving. The notification must be made by the end of the next business day following receipt of the notice of the suspension, revocation, cancellation, lost privilege or disqualification.
Employers may not knowingly use a driver who has more than one license or whose license is suspended, revoked, cancelled, or is disqualified from driving. Violation of this requirement may result in civil or criminal penalties.
All employers shall request and all person’s applying for employment as a commercial motor vehicle operator shall provide, employment history as a commercial motor vehicle operator for the 10 years preceding the date the application is submitted. The request shall be made at the time of application for employment.
■ Being under the influence of alcohol as prescribed by State law.
■ Being under the influence of a controlled substance.
■ Having an alcohol concentration of 0.04 percent or greater while operating a CMV.
■ Refusing to take an alcohol test as required by State law or jurisdiction under its implied consent laws or regulations.
■ Leaving the scene of an accident.
■ Using the vehicle to commit a felony other than a felony described above.
■ Driving a CMV when, as a result of prior violation committed operating a CMV, the driver’s CDL is revoked, suspended, or cancelled, or the driver is disqualified from operating a CMV.
■ Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
■ Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance.
■ Speeding excessively, involving any speed of 15 mph or more above the posted speed limit.
■ Driving recklessly, as defined by State or local law or regulation, including but not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property.
■ Making improper or erratic traffic lane changes.
■ Following the vehicle ahead too closely.
■ Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident.
■ Driving a CMV without obtaining a CDL.
■ Driving a CMV without a CDL in the driver’s possession.
■ Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
For more information, visit www.fmcsa.dot.gov.
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