§286-236  Commercial driver's licensequalification standards.  (a)  No person shall be issued a commercialdriver's license unless that person meets the qualification standards of 49Code of Federal Regulations, Part 391, Subparts B and E, has passed a knowledgeand driving skills test for driving a commercial motor vehicle which complieswith minimum federal standards established by federal regulation enumerated in49 Code of Federal Regulations, Part 383, Subparts G and H, is domiciled inthis State as defined in 49 Code of Federal Regulations Part 383.5, and hassatisfied all other requirements of the Commercial Motor Vehicle Safety Act(CMVSA) of 1986 (Title XII, Public Law 99-570) in addition to otherrequirements imposed by state law or federal regulation.  The tests shall beprescribed by the director and administered by the respective county examinerof drivers.  A person who is not physically qualified to drive under 49 Code ofFederal Regulations Section 391.41(b)(1), (2), or (3) and who is otherwisequalified to drive a motor vehicle may be granted an intrastate waiver by thedirector.  The process for granting intrastate waivers shall be the same asthat 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 ascreening process, including approval by a licensed physician, for granting anintrastate waiver to persons who are not physically qualified under 49 Code ofFederal Regulations Section 391.41(b)(3).

(b)  Pursuant to chapter 91, the director mayauthorize a third party examiner to administer the driving skills testspecified in this section, provided:

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

(2)  The third party examiner has entered into anagreement with the State which complies with requirements of 49 Code of FederalRegulations, Section 383.75.

(c)  The examiner of drivers may waive thedriving skills test specified in this section for a commercial driver's licenseapplicant who meets the requirements of 49 Code of Federal Regulations Section383.77 or 383.123(b).

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

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

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

(g)  The examiner of drivers may waive theknowledge and skills tests specified in this section for any person who is atleast twenty-one years of age and who possesses a valid commercial driver'slicense issued by any state of the United States, Mexico, or a province ofCanada that issues licenses in accordance with the minimum federal standardsfor the issuance of commercial driver's licenses.  To retain a hazardousmaterials endorsement, the applicant shall pass the knowledge test for ahazardous materials endorsement and be determined by the federal TransportationSecurity Administration not to pose a security risk warranting denial of theendorsement. [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 L2006, c 130, §4]