§286-236  Commercial driver's license
qualification standards.  (a)  No person shall be issued a commercial
driver's license unless that person meets the qualification standards of 49
Code of Federal Regulations, Part 391, Subparts B and E, has passed a knowledge
and driving skills test for driving a commercial motor vehicle which complies
with minimum federal standards established by federal regulation enumerated in
49 Code of Federal Regulations, Part 383, Subparts G and H, is domiciled in
this State as defined in 49 Code of Federal Regulations Part 383.5, and has
satisfied all other requirements of the Commercial Motor Vehicle Safety Act
(CMVSA) of 1986 (Title XII, Public Law 99-570) in addition to other
requirements imposed by state law or federal regulation.  The tests shall be
prescribed by the director and administered by the respective county examiner
of drivers.  A person who is not physically qualified to drive under 49 Code of
Federal Regulations Section 391.41(b)(1), (2), or (3) and who is otherwise
qualified to drive a motor vehicle may be granted an intrastate waiver by the
director.  The process for granting intrastate waivers shall be the same as
that for interstate waivers in 49 Code of Federal Regulations, Part 391.49,
except that the intrastate waiver requests shall be submitted to the director;
provided that the director shall adopt rules under chapter 91 to establish a
screening process, including approval by a licensed physician, for granting an
intrastate waiver to persons who are not physically qualified under 49 Code of
Federal Regulations Section 391.41(b)(3).



(b)  Pursuant to chapter 91, the director may
authorize a third party examiner to administer the driving skills test
specified in this section, provided:



(1)  The test is the same as that administered by the
respective county examiners of drivers; and



(2)  The third party examiner has entered into an
agreement with the State which complies with requirements of 49 Code of Federal
Regulations, Section 383.75.



(c)  The examiner of drivers may waive the
driving skills test specified in this section for a commercial driver's license
applicant who meets the requirements of 49 Code of Federal Regulations Section
383.77 or 383.123(b).



(d)  A commercial driver's license or
commercial driver's instruction permit, including a provisional or temporary
license or permit, shall not be issued to a person while the person is subject
to a disqualification from driving a commercial motor vehicle, or while the
person's driver's license is suspended, revoked, or canceled in any state; or
while the person holds a driver's license issued by any other state unless the
person first surrenders that license.



(e)  A commercial driver's instruction permit
may be issued to an individual who holds a valid driver's license, meets the
qualification standards of 49 Code of Federal Regulations, Part 391, Subparts B
and E, and has passed the written tests required for the desired class of a
commercial driver's license.



(f)  The commercial driver's instruction permit
shall not be valid for a period in excess of one year.  When driving a
commercial motor vehicle, the holder of a commercial driver's instruction
permit shall be accompanied by a person licensed to operate that category of
commercial motor vehicle.  The licensed person shall occupy the seat beside the
individual for the purpose of giving instruction in driving the commercial
motor vehicle.  The permit may be reissued after the applicant requalifies
meeting the requirements of subsection (e).



(g)  The examiner of drivers may waive the
knowledge and skills tests specified in this section for any person who is at
least twenty-one years of age and who possesses a valid commercial driver's
license issued by any state of the United States, Mexico, or a province of
Canada that issues licenses in accordance with the minimum federal standards
for the issuance of commercial driver's licenses.  To retain a hazardous
materials endorsement, the applicant shall pass the knowledge test for a
hazardous materials endorsement and be determined by the federal Transportation
Security Administration not to pose a security risk warranting denial of the
endorsement. [L 1989, c 320, pt of §2; am L 1990, c 342, §7; am L 1995, c 114,
§§1, 2; am L 2003, c 18, §1, c 32, §1, and c 46, §1; am L 2004, c 103, §5; am L
2006, c 130, §4]