Provisions Final Rule Notes 1. Strengthen Legal Presence

Commercial Driver’s License Testing and Commercial Learner’s Permit Standards; Final Rule Published in Federal Register: May 9, 2011

Implementation & Compliance Date (ALL STATES): JULY 8, 2015!

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The format follows that of the Supplementary Information, III Discussion of Comments in the final rule. New/important information is in red font and CSTIMS info is in blue font. Please note the many ways that CSTIMS can enhance your processes, satisfy the electronic transmission of test results; and ensure compliance with the rule.

Provisions Final Rule Notes 1. Strengthen Legal Presence Requirement a. Required Forms/Documents

Proof of citizenship or legal presence is required.

383.71 - Driver Application & Certification Procedures 383.73 - State Procedures

The final rule adopts the appropriate documents from the most recent list that DHS adopted for proof of citizenship or legal presence under REAL ID.

A state is only required to check the proof of citizenship or legal presence specified for the initial issuance of a CLP or Non-domiciled CDL, transfer of CDL from O/S or for drivers renewing a CDL or Non-domiciled CDL for the first time after July 8, 2011, provided a notation is made on the record confirming the check of citizenship/legal presence was made and the date it was done.

FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/

Question: Can a State accept a passport card as proof of citizenship?

Answer: YES. The passport card is an official document issued by the US Department of State and requires all of the same proof of citizenship and identity as the passport.

Issue CLP/CDL only to: - US Citizen - Lawful permanent resident of

US

383.71- Driver Application & Certification Procedures

http://www.aamva.org/CDL-Program/



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Provisions Final Rule Notes b. Non-resident CDL

Issue “non-domiciled” CLP/CDL to persons who are: - Domiciled in another country

and are legally present in US - Domiciled in a jurisdiction

that is prohibited from issuing CLPs/CDLs in accordance with 384.405

383.5 - Definitions 383.23 - Commercial Driver’s License 383.71 - Driver Application & Certification Procedures 383.73 - State Procedures

The term “non-resident” has been changed to “non-domiciled” for both CLPs and CDLs. The change provides greater consistency with FMCSA’s authorizing statute, which bases jurisdictional authority to issue CDLs/CLPs on domicile, not residency. Additionally, this change will avoid confusion and eliminate conflicts with DHS’ immigration programs. The definition in 383.5 has been revised to reflect the change. FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/

Question: Must a State issue a Non‐domiciled CDL to a driver?

Answer: NO. A State may issue a non‐domiciled CDL to a driver, but is not required to do so. Question: Must a State explicitly follow FMCSA’s regulations mandating the words “non-domicile” label on the CLP/CDL, or should the State follow DHS’s requirement to put “limited term” on the CLP/CDL?

Answer A State may use “limited term” on its CLP/CDL credentials. FMCSA confirmed with DHS that “limited term” is comparable to FMCSA’s term “non‐domiciled”.




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Provisions Final Rule Notes b. Non-resident CDL (cont’d)

Proof of domicile in State is required

383.71 - Driver Application & Certification Procedures 383.73- State Procedures

Audit requirement - 384.212 State of domicile means that State where a person has his/her true, fixed, and permanent home and principal residence and to which he/she has the intention of returning whenever he/she is absent.

2. SSN Verification before issuing CLP or CDL

Prior to issuing a CLP or CDL, the State is required to verify Name, DOB & SSN provided by the applicant with the information on file with SSA.

383.73 - State Procedures

SSN verification is only required for initial issuance of CLP, transfer of CDL from another State; or for drivers renewing a CDL for the first time after July 8, 2011 who have not previously had their SSN information verified, provided a notation is made on the record confirming the verification was made and the date it was done.

State is prohibited from issuing, renewing, upgrading or transferring a CLP/CDL if the applicant provided data does not match SSA

383.73 - State Procedures



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Provisions Final Rule Notes 3. Surrender of CLP, CDL and Non-CDL Document a. Surrender of Documents

383.25 - Commercial Learner’s Permit 383.71 - Driver Application & Certification Procedures 383.73 - State Procedures

Audit requirement - 384.211 Surrender is required any time a CLP is upgraded or a CDL is being initially issued, upgraded or transferred. Exception to the surrender requirement: the word “VOID” must be punched in the card. FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/

Question: May a State void a CDL by simply clipping off the corner of the document?

Answer: NO. The State should deface the card in some manner to ensure that there is no question that the card is not valid as a single document. An example would be a “VOID” punch across the face of the driver, cutting the document in half, or punching a hole(s) in the document in such a way as to block some of the vital data, i.e. dates in the birth date, face of the picture, or numbers within the Driver’s License number. Please note, a VOID punch is not the only option for voiding a CDL.

b. Mailing of initial license FMCSA removed the requirement to mail the initial CLP and CDL.




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Provisions Final Rule Notes 4. CDL Testing Requirements for Out-of-State Driver Training School Students

CLP can only be issued by state of domicile

383.71- Driver Application & Certification Procedures

Audit Requirement - 384.212

Driver training may be taken in any state

383.79 - Skills Testing of Out-of-State Students

CSTIMS - provides the capability to schedule out-of-state Applicants

Skills test may be taken in the state in which training occurred


CSTIMS - provides capability to schedule out-of-state applicants - provides capability to enter test results for out-of-state

applicants, for state of domicile can access and issue CDL

State that conducted training must electronically transmit skills test results to the State of domicile


CSTIMS - while test results aren’t ‘electronically transmitted’, results are

available for electronic retrieval - email alerts will be sent to state of domicile (if on CSTIMS or

ROOSTR Lite) when results are available to view



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Provisions Final Rule Notes State of domicile must accept

the skills test results and issue the CDL

383.79 - Skills Testing of Out-of-State Students.

CSTIMS - state of domicile will be able to view test results to make licensing

decisions FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/

Question: May a State retest 100% of those whose skills test results are transferred in from out‐of‐State?

Answer: NO. The State may retest out of State transfers but should only do so at the rate it retests

its own drivers.

5. State Reciprocity for CDLs 384.214 - Reciprocity Added CLPs to this section. A CLP issued by the state of domicile must be accepted in any state provided it is valid and not disqualified.




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Provisions Final Rule Notes 6. Minimum Uniform Standards for Issuing a CLP a. Passing the General Knowledge Test to Obtain a CLP

Must Pass the General Knowledge Test To

obtain a CLP

383.25 - Commercial Learner’s Permit (CLP)

A driver holding a valid CDL who seeks an upgrade for which a skills test is required must also pass the appropriate knowledge test prior to obtaining a CLP. The CDL Examiner’s Manual contains information and standards related to CDL testing, endorsements & restrictions; and is available for download on the:

- CDL Coordinator SharePoint site. https://share.aamva.org/driver/cdl/cdlcoordinators/default.aspx

- Test Experts & Trainers SharePoint site

https://share.aamva.org/driver/dl/cdltrainers/default.aspx

b. CLP must be a Separate Document From the CDL or Non-CDL

383.25 - Commercial Learner’s Permit (CLP) 383.151 - General

Audit requirements 384.205, 384.206, 384.207 & 384.225 The CLP is a two-part license comprised of the CLP and underlying CDL or non-CDL together, and the CLP document must be presented with the underlying CDL or non-CDL to be valid.

https://share.aamva.org/driver/cdl/cdlcoordinators/default.aspx




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Provisions Final Rule Notes c. CLP Document Should Be Tamperproof

States must make the CLP and CDL tamperproof to the maximum extent practicable. At a minimum, a State must use the same tamperproof method used for noncommercial driver’s licenses

383.155 - Tamperproofing Requirements

FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/ Question: Can a State issue a CLP using paper instead of a plastic credential?

Answer YES. The regulation does not require plastic CLPs. The regulation requires that the CLP be as secure as the non‐commercial driver’s license. If the state issues a paper noncommercial license or non‐commercial permit, then the state may issue a paper CLP. Alternately, FMCSA will look for the State to be able to explain why it believes its CLP document is as secure as the non‐commercial driver’s license or permit.

d. Photograph on CLP

A CLP must not contain a photograph, digitized image or other visual representation of the driver

A CLP may, but is not required to, contain a digital color image or photograph or black and white laser engraved photograph

383.153 (b) (1) - Information on CLP and CDL Documents and Applications

A photograph, digitized image or other visual representation of the driver are prohibited on a CLP. FMCSA granted a petition to allow a photograph to appear on the CLP




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Provisions Final Rule Notes e. Recording the CLP in CDLIS

– States are required to create a CDLIS record for a CLP and are required to submit all CLP transactions to CDLIS.

384.225 - CDLIS Driver Record Keeping 383.71 - Driver Application & Certification Procedures 383.73(h) - State Procedures

Audit Requirement 384.205, 384.206, 384.207 & 384.225 Required by Congress in SAFETEA-LU

7. Maximum Initial Validity and Renewal Periods for CLP and CDL a. Initial Validity and Renewal Periods for CLP

- Cannot be valid for more than 180 days from date of issuance

- May be renewed for an additional 180 days without retesting for general and/or endorsement knowledge tests

383.25 - Commercial Learner’s Permit (CLP) 383.71 - Driver Application & Certification Procedures

Final rule allows the renewal of a permit for an addition 180 days (rather than 90 days) CSTIMS is enhanced to check validity periods for permits FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/

Question: May the SDLA issue another 180‐day permit if there is a gap between the expiration of the initial issuance and the renewal of the CLP?

Answer: YES. It is up to the State to decide whether or not it wants to renew a CLP if there is a gap between the expiration of the initial issuance and the renewal of the CLP.

b. Initial Validity and Renewal Periods for a CDL

- CDL may not be valid for more than 8 years from date of issuance

383.73 - State Procedures CSTIMS will be modified to check valid periods for CDLs (requires modification to include issue and expiration date)




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Provisions Final Rule Notes 8. Establish a Minimum Age for CLP

Minimum age for CLP is 18 years - Not eligible to operate

CMV in Intrastate commerce before 18 (350.341 (f))

- Not eligible to operate CMV in Interstate commerce before age 21 (391.11 (b)(1)) with some exceptions

383.25 - Commercial Learner’s Permit (CLP) 383.71 - Driver Application & Certification Procedures

CSTIMS does include a check for Applicant age (not specific to intra/interstate or exceptions in §391)

9. Preconditions to taking the CDL Skills Test a. CLP Prerequisite for CDL

The issuance of a CLP is a precondition of the upgrade of a CDL if the upgrade requires a skills test


FMCSA modified the final rule to state that, with respect to upgrades, a CLP is a precondition to the issuance only if the upgrade requires a skills test (as opposed to the knowledge test). CSTIMS requires entry of CLP information when creating an applicant for a skills test (if business rule is selected by jurisdiction)



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Provisions Final Rule Notes b. CLP Holder Accompanied by CDL Holder

The CLP holder is at all times accompanied by the holder of a valid CDL who has the proper CDL group and endorsement(s) necessary to operate the CMV. The CDL holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation and direct supervision.


The CLP holder must be accompanied by the holder of a valid CDL who has the proper CDL Group and endorsement(s) necessary to operate the CMV. The CDL Holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or in the case of a passenger vehicle, directly behind or in the first row directly behind the driver and must have the CLP holder under observation and direct supervision.

c. Waiting Period to Take Skills Test

CLP holder is not eligible to take the Skills Test in the first 14 days after initial issuance of the CLP


FMCSA amended the final rule to change the waiting period from 30 days to 14 days.

CSTIMS - checks to ensure no test is scheduled within 14 days of initial CLP

issuance; requires entry of CLP information - CSTIMS has a flag for renewed CLP, in which case it will not

enforce 14 days wait period



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Provisions Final Rule Notes d. Relationship to Entry Level Driver Training Rulemaking

The proposed rule would require both classroom and behind-the-wheel training for drivers seeking a CDL for the first time.


The final rule for Entry Level Driver Training is still under development. FMCSA will ensure that any future requirements for driver training are completely compatible with the requirements of this rule.

10. Limit Endorsements on CLP to Passenger (P) Only

FMCSA expanded the endorsements permitted on a CLP to include School Bus (S) and Tanker (N) in addition to the Passenger (P)

383.25 - Commercial Learner’s Permit (CLP) 383.93 - Endorsements

CSTIMS - includes the capability to test for the ‘S’ endorsement and is ‘class

specific’ - only allows entry of School Bus (S), Tanker (N), and Passenger (P)

endorsements as part of an applicant’s CLP The CDL Examiner’s Manual contains information and standards related to CDL testing, endorsements & restrictions; and is available for download on the:


- Test Experts & Trainers SharePoint site https://share.aamva.org/driver/dl/cdltrainers/default.aspx

A CLP holder with a P and/or S endorsement is prohibited from operating a CMV with passengers


A “No passenger” restriction must be imposed on all CLPs issued with a P and/or S endorsement. The final rule clarifies that the “no passenger” restriction on the P and S endorsements does not apply to instructors, examiners, other trainees or Federal/State auditors/inspectors.





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Provisions Final Rule Notes A CLP holder with a N

endorsement is prohibited from operating a tanker unless it is empty and purged if it contained hazardous materials


An “empty” restriction must be imposed on all CLPs issued with an N endorsement.

All other endorsements are prohibited on a CLP

383.25; 383.71(e); 383.73(e); 383.153(a)(8)



Question: May a State use a T (doubles/triples) endorsement on the CLP, contrary to the regulations which say only the P, S, or N (tanker) endorsement may be used on the CLP if the State has a skills test for doubles triples? What solution does the agency provide to the State to address their unique skills test? In other words, how will the applicant be able to take the unique skills test for double/triples, if the driver was prohibited from getting a CLP with the T endorsement?

Answer: The regulations prohibit States from issuing a CLP with the T endorsement. A driver who wishes to get a T endorsement may take the written test at any time, and, if the State has one, also take the skills test after they obtain their CDL. Drivers seeking to operate specialized vehicles should get basic training first before the endorsement is added. If States want to pursue the possibility of allowing the T endorsement to be issued in a CLP, the Entry Level Driver Training (ELDT) rulemaking is the next opportunity to comment through the rulemaking process.




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Provisions Final Rule Notes 11. Methods of Administering CDL Tests

AAMVA’s 2005 CDL Testing Model is the mandated test

383.133 – Test Methods 383.131 – Test Manuals 383.135 – Passing Knowledge and Skills Tests

The AAMVA 2005 CDL Testing Model was not incorporated by reference in the final rule. Doing so would have required that the entire program (manuals, test questions/answers, scoring criteria, etc) be published in the public docket with the final rule. To avoid publication, the test system has been approved by FMCSA in the rule as the “approved/preferred” testing system. If a State does not adopt the AAMVA 2005 Testing Model, any testing system utilized must be comparable to the 2005 CDL Test System Model (July 2010 version); and all components (Driver Manual, Examiner’s Manual, Knowledge/Endorsement tests, score forms, etc) must be pre-approved by FMCSA prior to use by the State. The CDL Examiner’s Manual contains information and standards related to CDL testing, endorsements & restrictions; and is available for download on the:


- Test Experts & Trainers SharePoint site https://share.aamva.org/driver/dl/cdltrainers/default.aspx CSTIMS conforms to the 2005 Scoring Model





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Provisions Final Rule Notes The use of interpreters for

knowledge and skills tests is prohibited

383.133 – Test Methods

Knowledge tests may be administered in written form, verbally, or in automated format and can be administered in a foreign language provided no interpreter is used in administering the test. Skills Test applicants must be able to understand and respond to verbal commands and instructions in English by a skills test examiner. Neither the applicant nor the examiner may communicate in a language other than English during the skills test.



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Provisions Final Rule Notes 12. Update Federal Knowledge and Skills Test Standards a. Incorporate by reference AAMVA 2005 CDL Test System

383.9 – Matter Incorporated by Reference was removed from the final rule.

383.133 – Test Methods 383.131 – Test Manuals 383.135 – Passing Knowledge and Skills Tests

The final rule requires states to use a FMCSA pre-approved State Testing System that meets the minimum requirements established in this rule and that is comparable to the AAMVA 2005 CDL Test System (July 2010 version), which FMCSA approves in this rule. The 2005 CDL Test System, unmodified, is the appropriate standard to use because it has been rigorously pilot-tested and evaluated for validity and consistency. The CDL Examiner’s Manual contains information and standards related to CDL testing, endorsements & restrictions; and is available for download on the:


- Test Experts & Trainers SharePoint site https://share.aamva.org/driver/dl/cdltrainers/default.aspx The CDL Knowledge Test Question Item Pool is available for4 download by CDL Coordinators from the:

- CDL Coordinator SharePoint site. https://share.aamva.org/driver/cdl/cdlcoordinators/default.aspx Score forms, scripts and additional resources are available for download from the:

- Test Experts & Trainers SharePoint site https://share.aamva.org/driver/dl/cdltrainers/default.aspx The CDL Driver’s Manual is available for download from the:











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Provisions Final Rule Notes 12. Update Federal Knowledge and Skills Test Standards (continued) a. Incorporate by reference AAMVA 2005 CDL Test System


Question: Why should the skills test be performed in the following order: pre‐trip, basic skills, road test? What is the safety impact, if the segments of the skills test are taken in a different order? What were the safety reasons that the Test Maintenance Subcommittee considered to reach the conclusion that the segments should be taken in a specific sequence?

Answer: FMCSA will not issue a finding if a State conducts a portion of the skills test out‐of‐order as long as all parts of the skills test are completed. However, FMCSA does believe that conducting them in order (e.g. pre‐trip, basic skills test, road test) is the best practice for the safety and efficiency of the tester. Generally, drivers should not drive unless they can complete an adequate pre‐trip inspection and it is determined that the driver can handle the vehicle at slow speeds while doing the basic skills test before beginning the road test where the vehicle is being operated at highway speeds.

b. Pre-Trip Inspection

The Pre-trip inspection in now required to be performed as part of the Skills Test

383.113(a) – Required Skills 383.133 (c)(6) – Test Methods

The 2005 CDL Test System provides jurisdictions the option of randomly administering one of three partial pre-trip inspection test options to the applicants, which will reduce the time needed to administer the pre-trip inspection as part of the skills test. CSTIMS currently provides for the 2005 scoring model including Forms A, B, C, and Full for the vehicle inspection.




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Provisions Final Rule Notes c. Skills Test Banking Prohibition

Banking of skills test scores is prohibited permitted for skills tests passed and are valid during the initial issuance of the CLP only.

383.133(c)(6) – Test Methods

FMCSA eliminated the proposed banking prohibition. If an applicant fails any segment of the skills test, they cannot continue to the next segment of the test; and scores for the passed segments of the test are only valid during the initial issuance of the CLP. If the CLP is renewed, all three segments of the skills tests must be retaken. CSTIMS currently allows individual portions to be scheduled independently CSTIMS will notify CDL Monitor via dashboard if - BCS and/or RT administered after VI failure - RT administered after BCS failure FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/

Question: A person has a CLP, takes and passes all 3 parts of the skills test, and then the CLP expires. The driver returns to the SDLA two weeks later. Can the SDLA issue the CDL?

Answer: The state has discretion to decide whether or not to issue the CDL. There is no regulation that prohibits issuance of the CDL.

Question: A person has a CLP, passes 2 parts of the skills test, fails the 3rd part, then the CLP expires. Is the driver required to retake all three segments of the skills test?

Answer: YES. 383.133 (c) (6) (ii) says “Scores for the passed segments of the test are only valid during initial issuance of the CLP. If the CLP is renewed, all three segments of the skills test must be retaken.”




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Provisions Final Rule Notes d. Gross Vehicle Weight Rating (GVWR) Issues

The expanded definition of CMV in section 4011(a) of TEA–21 includes both ‘‘gross vehicle weight rating and gross vehicle weight,’’ ‘‘whichever is greater’’ and ‘‘gross combination weight rating and gross combination weight,’’ ‘‘whichever is greater.’ However, the vehicle’s gross vehicle weight rating or gross combination weight rating must be used for skills test vehicles

383 - Subparts G & H 383.133 (c)(3) – Test Methods

The expanded definition of CMV in section 4011(a) of TEA–21 was not intended to allow overweight vehicles with a GVWR/GCWR of less than 26,001 pounds to be used as a representative vehicle for the purpose of taking a CDL skills test. The intent of including the actual gross vehicle weight and the gross combination weight in the expanded definition of CMV is to allow roadside enforcement against drivers who do not have a CDL, but are operating vehicles with an actual weight of more than 26,000 pounds. Therefore, the expanded definition of CMV is to be used for roadside enforcement, but only the GVWR and GCWR must be used for skills testing in order to maintain the representative vehicle concept. CSTIMS currently has the capability for the Drive Unit GVWR and Trailer GVWR (both optional); the system could add the two to get GCWR

e. Removal of 383.77 (Substitution of Experience for Skills Tests)

The final rule amends 383.77 to limit the substitution of experience for the skills test to eligible drivers with military CMV experience

383.77 – Substitute for Driving Skills Tests for Drivers with military CMV Experience

The original skills test waiver provision in 383.77 was promulgated in 1988 as a temporary “grandfathering” transition measure when FMCSA first adopted CDL regulations.



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Provisions Final Rule Notes f. Covert Monitoring of State and Third Party Skills Test Examiners

Annual At least once every two years, conduct unannounced, on-site inspections of 3rd party testers and examiners records

384.229 – Skills Test Examiner Auditing and Monitoring 383.75 – Third Party Testing

For Examiners & 3rd party testers who were granted the training and skills testing exception under 383.75(a)(7), the record checks must be performed at least once every year. CSTIMS currently has the capability to - add an indication on 3rd Party Testing Organizations if subject to

§383.75(a)(7) - alert CM if getting close to 2 (or 1) year(s) after last Testing

Organization audit

Annual At least once every two years, conduct covert and overt monitoring of examinations performed by state and 3rd party CDL testers

384.229 – Skills Test Examiner Auditing and Monitoring 383.75 – Third Party Testing

For Examiners & 3rd party testers who were granted the training and skills testing exception under 383.75(a)(7), the covert and overt monitoring must be performed at least once every year. CSTIMS currently has the capability to - add an indication on 3rd Party Testing Organizations if subject to

§383.75(a)(7) - alert CM if getting close to 2 (or 1) year(s) after last Examiner

audit



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Provisions Final Rule Notes A skills tester that is also a

driver training school is prohibited from administering a skills test to an applicant who was trained by that training school

This requirement was modified by FMCSA. The regulation now states “A skills test examiner who is also a skills instructor either as a part of a school, training program or otherwise is prohibited from administering a skills test to an applicant who received skills training by that skills test examiner”

383.75 – Third Party Testing

Exception: When the nearest alternative third party tester or State skills testing facility is over 50 miles from the training school, the SDLA may allow the training school to skills test the applicant it trained provided the individual skills test examiner did not train the applicant. This no longer applies. A training school can also skills test an applicant. The only requirement is that a skills instructor cannot skills test an applicant they have trained. CSTIMS has the capability to display a checkbox within the test results form, so that examiner can certify that they were not the trainer for that applicant

Establish and maintain a database to track pass/fail rates of applicants tested by each state and 3rd party CDL skills test examiner

384.229 – Skills Test Examiner Auditing and Monitoring

Current CSTIMS functionality - CSTIMS provides a report on pass/fail rates - CSTIMS provides a report by jurisdiction, type of test, examiner

name and ID



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Provisions Final Rule Notes Establish and maintain a

database of all third party testers and examiners that tracks the dates and results of audits and monitoring actions, dates 3rd party testers were certified by the state and name/id # of each 3rd party tester


Current CSTIMS functionality

Establish and maintain a database that tracks skills tests administered by each state & each 3rd party CDL skills test examiner’s name & id #


Current CSTIMS functionality



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Provisions Final Rule Notes 13. New Standardized Endorsements and Restriction Codes a. Uniform Endorsement Codes

Standardized letter codes for endorsements - T for double/triple trailers; - P for passenger; - N for tank vehicle; - H for hazardous materials; - X for a combination of tank

vehicle and hazardous materials endorsements

- S for school bus

383.135 Passing Knowledge and Skills Tests 383.153 (9) – Information on the CLP and CDL Documents & Applications 383.93 - Endorsements

The only endorsements allowed on a CLP are (P) Passenger, (S) School Bus and (N) Tank Vehicle. The State must use the codes listed in 383.153 when placing endorsements on a CLP or CDL Beginning 3 years after the effective date of this final rule, current CLP and CDL holders who do not have the standardized endorsement and restriction codes, and applicants for a CLP or CDL, are to be issued CLPs and CDLs with the standardized codes upon initial issuance, renewal upgrade or transfer. CSTIMS provides the appropriate endorsement to the MVA clerk The CDL Examiner’s Manual contains information and standards related to CDL testing, endorsements & restrictions; and is available for download on the:







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Provisions Final Rule Notes Standardized letter codes for

restrictions - L for No Air brake

equipped CMV - Z for No Full Air brake

equipped CMV - E for No Manual

transmission equipped CMV

- O for No Tractor-trailer CMV

- M for No Class A passenger vehicle

- N for No Class A and B passenger vehicle

- K for Intrastate only - V for medical variance for a

driver who operates or expects to operate in interstate commerce, but is not subject to part 391 of this subchapter due to an exception under § 390.3(f) of this subchapter or an exemption under § 391.2

383.135 Passing Knowledge and Skills Tests 383.153 (10) – Information on the CLP and CDL Documents & Applications 383.95 – Restrictions

CSTIMS has the following brakes types for test vehicles: - Full Air - Partial Air (to cover Air over Hydraulic) - Hydraulic CSTIMS will provide appropriate restrictions to the MVA clerk based on test vehicle characteristics The medical variance in the final rule was changed from “Y” to “V”. Beginning 3 years after the effective date of this final rule, current CLP and CDL holders who do not have the standardized endorsement and restriction codes, and applicants for a CLP or CDL, are to be issued CLPs and CDLs with the standardized codes upon initial issuance, renewal upgrade or transfer.



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Provisions Final Rule Notes If a driver applicant wants to

remove any of the restrictions in paragraphs (b)(3) through (b)(5) [-air brakes, full air brakes, manual transmission-] of this section, the applicant does not have to retake the complete skills tests. The State may administer a modified skills test that demonstrates that the applicant can safely and effectively operate the vehicle’s full air brakes, air over hydraulic brakes, and/or manual transmission. In addition, to remove the air brake or full air brake restriction, the applicant must successfully perform the air brake pre-trip inspection and pass the airbrake knowledge test.

383.135(b)(7) – Passing Knowledge and Skills Tests

CSTIMS allows the scheduling of individual pieces of the test; this would accommodate having only to do the VI for the removal of a restriction



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Provisions Final Rule Notes b. Testing Drivers on Vehicles With Air Brakes, Automatic Transmissions, and Non-Fifth Wheel Combination Vehicles

Requires standardized restrictions for applicant who use a vehicle in the skills test that is equipped with (1) an automatic transmission; (2) air over hydraulic brakes; or (3) a trailer with a non-fifth wheel (pintle hook) connection.

383.5 – Definitions 383.93 - Endorsements 383.95 – Restrictions 383.153 – Information on the CLP and CDL Documents & Applications

Beginning 3 years after the effective date of this final rule, current CLP and CDL holders who do not have the standardized endorsement and restriction codes, and applicants for a CLP or CDL, are to be issued CLPs and CDLs with the standardized codes upon initial issuance, renewal upgrade or transfer.

c. Automatic Transmission Restriction

Requires that a standardized restriction be imposed for an applicant who uses a vehicle in the skills test equipped with an automatic transmission

383.5 – Definitions 383.95 – Restrictions

The final rule provides clarification on how the automatic transmission restriction will be applied and provides a definition for “manual transmission” in 383.5



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Provisions Final Rule Notes d. Definition of Tank Vehicle

Sets an aggregate rated capacity threshold of 1,000 or more gallons for all tanks (permanent and portable) before a driver would need a Tank endorsement

383.5 – Definitions

While the proposed amendment setting a 1,000 gallon aggregate capacity threshold will remain in the final rule, there is also a need to retain a minimum individual rated tank capacity for the purpose of determining the aggregate capacity of the vehicle carrying multiple tanks. In the current definition of tank vehicle, reference is made to cargo tanks and portable tanks as defined in 49 CFR 171. Both of these types of tanks are defined as ‘‘bulk packaging’’ which is further defined in part 171 as having a capacity greater than 119 gallons. Therefore, only tanks being transported with a rated capacity greater than 119 gallons will be considered for the purpose of determining the aggregate capacity threshold for needing a tank vehicle endorsement, The requirement for an endorsement for tank vehicles designed to transport 1,000 gallons or more is separate from the hazardous materials requirements. This rule does not affect any preexisting hazardous material restrictions that might apply.



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Provisions Final Rule Notes 14. Previous Driving Offenses by CLP Holders and CLP Applicants

Disqualification periods must be in addition to any other previous periods of disqualification – major programming impact to the states (383.51)

Holders of a CLP are subject to same disqualifying offenses in 383.51 in CMV or non-CMV

383.5 - Definitions 383.51 – Disqualification of Drivers 383.71 – Driver Application & Certification Procedures 383.73 – State Procedures

Applicants for a CLP subject to same disqualification requirements as CDL applicant

383.71 – Driver Application & Certification Procedures

CLP holder is same as CDL holder. Applicant for CLP must have valid base license.

15. Motor Carrier Prohibitions

Carriers are prohibited from using drivers who do not have a current CLP or CDL or who do not have a current CLP or CDL or who do not have a CDL with the proper class or endorsement, or using a driver to operate a CMV in violation of a restriction on the driver’s CDL

383.37 Employer Responsibilities Appendix B to Part 385 – Explanation of Safety Rating Process



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Provisions Final Rule Notes 16. Incorporate CLP-Related Regulatory Guidance Into Regulatory Text

Codified regulatory guidance related to this rulemaking

Eliminated regulatory guidance made obsolete by the changes in this rulemaking

383.25 – Commercial Learners Permit (CLP) 383.73 – State Procedures 383.77 - Substitute for Driving Skills Tests for Drivers with military CMV Experience 383.95 - Restrictions 383.113 – Required Skills 383.131 – Test Manuals 383.133 – Test Methods 383.153 – Information on the CLP and CDL Documents & Applications

This includes regulatory guidance under § 383.23 (CLP), questions 1, 2, and 4; part 383, Subparts G and H, all questions (knowledge and skills testing); and § 383.153, questions 1–7 (CLP and CDL documents). Question 11, Interpreting § 383.73 and Questions 2 and 3, interpreting § 383.95. The Agency inadvertently omitted from the NPRM additional regulatory guidance that will be rendered redundant and obsolete by the final rule. That guidance includes the following interpretations: Question 11, interpreting § 383.73 and Questions 2 and 3, interpreting § 383.95. In the NPRM, the Agency proposed incorporating the substance of Question 11, interpreting § 383.73 into § 383.73(i), but inadvertently omitted it from the list of interpretations that would be rendered redundant by this rule. In addition, the Agency proposed changes to § 383.95 that render questions 2 and 3 obsolete, but inadvertently omitted that guidance from the list of interpretations that would be eliminated as obsolete. To avoid any confusion, the Agency will eliminate these interpretations in addition to those identified in the NPRM.



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Provisions Final Rule Notes 17. Incorporate SAFE Port Act Provisions a. CDLs Obtained Through Fraud

States must have policies in effect that result, at a minimum, in the cancellation or revocation disqualification of the CLP or CDL of a person who has been convicted of fraud related to the issuance of that CLP or CDL. The application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained CLP or CDL must also, at a minimum, be cancelled or revoked disqualified. The State must record any such withdrawal in the person’s driving record. The person may not reapply for a new CDL for at least 1 year.

383.73 – State Procedures 383.75 – Third Party Testing 384.227 – Record of Digital Image or Photo 384.228 – Examiner Training & Record Checks 384.229 – Skills Test Examiner Auditing & Monitoring 383.73(k) – State Procedures

CSTIMS provides alerts to various users of potentially fraudulent activity through the means of: - Email alerts - Dashboard alerts - Reports

FMCSA declines to create a special definition of ‘‘fraud,’’ ‘‘convicted’’ or ‘‘credible information.’’ In the final rule, FMCSA removed the terms “cancel” and “revoke” and replaced them with “disqualify”. This change is consistent with other parts of the rule: part 383 defines ‘‘disqualification’’ to include, among other things, the suspension, revocation or cancellation of a CLP or CDL.



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Provisions Final Rule Notes If a State receives credible

information that a CLP or CDL holder is suspected, but has not been convicted, of fraud related to the issuance of his/her CLP or CDL, the State must require the driver to re-take the skills and/or knowledge tests. Within 30 days of receiving notification from the State that re-testing is necessary, the affected CLP or CDL-holder must make an appointment or otherwise schedule to take the next available test. If the CLP or CDL-holder fails to make an appointment within 30 days, the State must disqualify his/her CLP or CDL. If the driver fails either the knowledge or skills test or does not take the test, the State must disqualify his/her CLP or CDL. Once a CLP- or CDL holder’s CLP or CDL has been disqualified, he/she must reapply for a CLP or CDL under State procedures applicable to all CLP and CDL applicants.

383.73(k) – State Procedures

In addition, instead of requiring that States re-test drivers suspected of fraud within 30 days, the final rule will require the CLP or CDL holder, within 30 days of being notified to re-test, to make an appointment for and take the test at the next available appointment or testing time. The new rules require States to develop policies, but do not specify that the disqualification take place within 30 days of the conviction.



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Provisions Final Rule Notes b. Computer System Controls – Supervisor Involvement

Only supervisory level personnel may continue the CDL or CLP issuance process when driver record checks return suspect results.

383.73(m) - State Procedures 383.73(n)(2) – State Procedures

In the final rule, FMCSA renumbers this section to be § 383.73(n)(2). In addition, in response to comments, FMCSA changes this section to require each State to demonstrate that it has a plan to prevent and detect fraud when a driver record check returns suspect results.

c. Background Checks

Complete nationwide criminal background check of all state and third party test examiners

384.228 – Examiner Training & Record Checks

This requirement applies to all current/future test examiners, including both skills and knowledge test examiners.

Background records checks must be performed prior to certifying examiners to administer CDL skills tests.

FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/ Question: The state performed background checks on their examiners many years ago. Does the State have to re‐do all of these background checks? Answer: NO. The State does not need to re‐do the background checks, as long as it was a national background check and the State can document that it was performed.




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Provisions Final Rule Notes Rescind the certification to

administer CDL tests of all test examiners who do not pass annual nationwide criminal background checks. At a minimum, the background check must include the following: - Any felony conviction within

the last 10 years; or - Any conviction involving

fraudulent activities


CSTIMS can track background check dates for Examiners within the ‘Examiner Details’ page FMCSA CLP & Testing Rule Questions & Answers http://www.aamva.org/CDL-Program/

Question: If an employee has bounced checks in the past, how does the State determine if that act is considered fraud that requires the State to rescind certification?

Answer: Determining whether an employee’s act rises to the level of fraud is left to the State’s discretion.




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Provisions Final Rule Notes d. Training Requirements for Knowledge & Skills Examiners

Established examiner training standards for initial and refresher training.

Established separate training standards for CDL knowledge test examiners and skills test examiners.


In the final rule, FMCSA establishes separate training standards for CDL knowledge test examiners and skills test examiners. Examiners that only administer standardized knowledge tests do not need extensive CDL skills test training. The previously proposed paragraphs (b)(1), (2), and (4) through (6) of § 384.228, have been redesignated as § 384.228(d), which now applies to skills test examiners. The previously proposed paragraphs (b)(1) through (3) of § 384.228, have been redesignated as § 384.228(c), which now applies to examiners who administer the knowledge test only. This change will allow for a more efficient allocation of State resources. In addition, FMCSA has corrected the discrepancy between proposed §§ 384.228(d) and 384.228(h)(1) by amending § 383.228(f) to reflect that refresher training is required once every four years. CSTIMS currently tracks the date an Examiner took the jurisdiction-required training, provides reminders for training due, and can schedule/manage any future training needs for an examiner (both skills and knowledge examiners)

e. Minimum Number of Tests Conducted (Minimum Skills Tests for Testers and Examiners)

The State must cancel the third party agreement of any third party tester that does not conduct at least 50 skills test examinations per calendar year.)

384.228 – Examiner Training & Record Checks 383.75(c) – Third Party Testing

FMCSA has made the following changes to the final rule: (b) the 50 tests per year minimum for testers is eliminated.



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The State must revoke the skills testing certification of Examiners who do not conduct skills test examinations of at least 10 different applicants per calendar year. Examiners who do not meet the 10-test minimum must either take refresher training or have a State examiner ride along to observe the third party examiner administer a skills test in order to maintain certification

383.75(c) – Third Party Testing

FMCSA has made the following changes to the final rule: (a) Examiners who do not meet the 10-test minimum must either take refresher training or have a State examiner ride along to observe the third party examiner administer a skills test in order to maintain certification

CSTIMS is enhanced to alert CMs if an Examiner is not meeting the minimum 10 applicants in a calendar year via dashboard functionality


Question: 383.77 (c): Can the examiner meet the requirement for a minimum of 10 skills tests per calendar year by conducting 10 pre‐trip tests, 10 basic tests, and 10 road tests but not on the same driver all at one time?

Answer: YES. However, the State must maintain tracking records to ensure that each examiner meets the criteria of 10 full tests per year. The goal is to ensure examiner proficiency in all 3 parts of the skills test. - The tests must be administered to at least 10 different people. - Note: There are alternatives to the 10‐skills test minimum:

o Ride along with State examiner; or o Refresher course.




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Provisions Final Rule Notes

Question: Can an examiner who co‐scores with another examiner have the co‐scored test be included in the minimum 10 skills tests per year?

Answer: NO. The examiner who is co‐scoring may not include the skills test in meeting the minimum requirements. Co‐scoring is done to ensure accuracy of the examiner being co-scored; the co‐scoring does not demonstrate proficiency.

The State must issue each third party CDL skills test examiner a skills testing certificate upon successful completion of a formal skills test examiner training course prescribed by the State

383.75(a)(4) – Third Party Testing

CSTIMS currently tracks the date the EX attended the skills test examiner training course prescribed by the State - new Examiner Training module, allows for scheduling and

tracking training for all examiners as well as generating certificates

- dashboard allows easy tracking of examiner training needs



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Provisions Final Rule Notes Require the third party tester to

use only CDL skills examiners who have successfully completed a formal CDL skills test examiner training course as prescribed by the State and have been certified by the State as a CDL skills examiner qualified to administer CDL skills tests

383.75(a)(8)(vi) – Third Party Testing

CSTIMS only allows the use of those Examiners entered by the state CDL Monitors (CM)

f. Third Party Testing (Annual Inspection; Advance Scheduling of Tests; Separation of Training and Testing Functions)

State must conduct an on-site inspection of each third party test site tester at least annually once every two years, with focus on examiners who have unusually high or low pass or fail rates

383.75 – Third Party Testing 383.75 (a)(2) – Third Party Testing

Each third party tester (not testing Examiner) is required to be inspected once every two years. CSTIMS includes Testing Organization audits and provides easy tracking of audit frequency via dashboard



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Provisions Final Rule Notes Require the Third Party Tester

to submit a weekly schedule of CDL skills testing appointments to the State no later than the last business day of the prior week two business days prior to each test

383.75(a)(8)(viii) Each third party tester must submit a schedule of CDL skills test appointments no later than two business days in advance of administering the test. CSTIMS has a jurisdiction parameter (Minimum Advance Days to Schedule Exam); all schedules entered are available for review once saved - This includes an option to apply a hard-stop, which will

prevent the creation of schedules that do not meet the jurisdiction’s minimum advance days to schedule exam requirement

Because this applies only to 3rd Party Testing Organizations, a different rule can be applied to jurisdiction Testing Organizations

The third party tester must maintain copies of their State-approved road test route(s)

383.75(a)(8)(ix)(E) CSTIMS has the capability to upload and store copies of approved routes



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Provisions Final Rule Notes NEW SECTION: A skills tester

that is also a driver training school is prohibited from administering a skills test to an applicant who was trained by that training school.

NEW SECTION: “A skills test examiner who is also a skills instructor either as a part of a school, training program or otherwise is prohibited from administering a skills test to an applicant who received skills training by that skills test examiner”

383.75 (7) – Third Party Testing This no longer applies. A training school can also skills test an applicant. The only requirement is that a skills instructor cannot skills test an applicant they have trained. CSTIMS has a business rule within the ‘final permit rule’ tab, that once selected can track examiner certification that they were not the trainer of the applicant

The third party tester must notify the State driver licensing agency through secure electronic means when a driver applicant passes skills tests administered by the third party tester

383.75(b) – Third Party Testing CSTIMS currently - captures and provides real time access to all schedules

and test results - tracks all test scores (failures as well as passes)



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Provisions Final Rule Notes g. Third Party Bond Requirements

Require the third party tester to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing for applicants for a CDL. Exception: A third party tester that is a government entity is not required to maintain a bond.

383.75(a)(8)(v) – Third Party Testing

CSTIMS allows for tracking of liability, leased vehicle, surety bond, and workman’s compensation insurances; if one of these categories doesn’t fulfill the requirement, a new type could be tracked.

18. Other Issues Related to Fraud Prevention a. Black and White Photograph

Requires that: all CDLs contain a color photograph, or digitized color image, or black and white laser engraved photograph of the driver

383.153 (a)(4) – Information on CLP & CDL Documents & Applications 384.227 – Record of Digital Color Image or Photograph

The final rule was amended to permit black and white laser engraved images in addition to color photographs and digital images.



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Provisions Final Rule Notes b. Check Photograph on File

NEW SECTION: Record the digital color image or photograph or black and white laser engraved photograph that is captured as part of the application process and placed on the CDL

384.227 (a) – Record of Digital Color Image or Photograph

The final rule will include the requirement that a digital color image or photograph or black and white laser engraved photograph be kept on file. However, in accordance with § 383.153(b)(1) of the final rule, which prohibits States from placing a photo or other image on the CLP, States will not be required to capture a photograph, digital image or other representation of the applicant during the CLP application process. Instead, States are required to check the photograph or digital image on record against the CLP applicant when he/she appears in person. To the extent that there is no photograph or digital image on record to make sure the person on the license and the applicant are the same, States are to check the photograph or image on the base-license against the CLP applicant when he/she appears in person.



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Provisions Final Rule Notes Check the digital color image or

photograph or black and white laser engraved photograph on record whenever the CLP/CDL applicant or holder appears in person to renew, upgrade or transfer and when a duplicate is issued. If no digital color image or photograph or black and white laser engraved photograph exists on record, the State must check the photograph or image on the base-license

384.227 (b)(c) - Record of Digital Color Image or Photograph

The final rule requires that States to check the photograph on file against the applicant in person only when the applicant appears in person. This will allow for processing by mail, and will lessen the burden of compliance on the States.



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Provisions Final Rule Notes c. Two Staff Members Verify Test Scores and Other Documents

The State must require at least two persons within the driver licensing agency to participate substantively in the processing and verification of the documents involved in the licensing process for initial issuance, renewal, upgrade or transfer of a CLP or Non-domiciled CDL. The documents being processed and verified must include, at a minimum, those provided by the applicant to prove legal presence and domicile, the information filled out on the application form, and knowledge and skills test scores. This section does not require two people to process or verify each document involved in the licensing process.

383.73 (m) – State Procedures

Exception: For offices with only one staff member, at least some of the documents must be processed or verified by a supervisor before issuance or, when a supervisor is not available, copies must be made of some of the documents involved in the licensing process and a supervisor must verify them within one business day of issuance of the CLP, Non-domiciled CLP, CDL, or Non-domiciled CDL.