§286-239 Commercial driver's license.  (a)  The commercial driver's license shall bemarked "CDL" and, to the maximum extent practicable, shall be tamper-proofand include, but not be limited to, the following with respect to the licensee:

(1)  The name and residence address;

(2)  A color photograph;

(3)  A physical description including sex and height;

(4)  Date of birth;

(5)  A commercial driver's license number that shallnot be the licensee's social security number;

(6)  Signature;

(7)  The class or type of commercial motor vehicle orvehicles which may be driven together with any endorsements or restrictions;

(8)  The name of this State; and

(9)  The issuance and expiration dates of the license.

(b)  Commercialdriver's licenses may be issued with the following categories:

(1)  Category A – Any combination of vehicles with agross combination weight rating of 26,001 pounds or more; provided that thegross vehicle weight rating of the vehicles being towed is in excess of 10,000pounds;

(2)  Category B – Any single vehicle with a grossvehicle weight rating of 26,001 pounds or more, or any such vehicle towing avehicle not in excess of 10,000 pounds; and

(3)  Category C – Any single vehicle or combination ofvehicles that meets neither the definition of category A nor that of categoryB, but that is either:

(A)  Designed to transport sixteen or morepassengers, including the driver; or

(B)  Used in the transportation of hazardousmaterials which requires the vehicle to comply with Title 49 Code of FederalRegulations, Part 172, Subpart F.

(c)  Commercialdrivers' licenses may be issued with any one or more of the followingendorsements and restrictions:

(1)  "H" – Authorizes the driver to drive avehicle transporting hazardous materials;

(2)  "K" – Restricts the driver to vehiclesnot equipped with air brakes;

(3)  "T" – Authorizes driving double andtriple trailers;

(4)  "P" – Authorizes driving vehiclescarrying passengers;

(5)  "N" – Authorizes driving tank vehicles;

(6)  "X" – Represents a combination ofhazardous materials and tank vehicle endorsements;

(7)  "S" – Authorizes driving school buses;and

(8)  "V" – Restricts the driver fromoperating in interstate commerce as defined in Title 49 Code of FederalRegulations Section 390.5.

(d)  The holder of avalid commercial driver's license may drive all vehicles in the category forwhich the license is issued, and all lesser categories of vehicles exceptmotorcycles and except vehicles which require an endorsement, unless the properendorsement appears on the license.

(e)  Before issuinga commercial driver's license, the examiner of drivers shall complete a checkof the applicant's driving record to determine whether the applicant is subjectto any disqualification under section 286-240, or any license suspension,revocation, or cancellation under state law, and whether the applicant has adriver's license from more than one state or jurisdiction.  The record checkshall be made no earlier than twenty-four hours prior to the initial issuanceor transfer and no sooner than ten days before renewals and upgrades of acommercial driver's license.  The record check shall include but is not limitedto the following:

(1)  A check of the applicant's driving record asmaintained by the applicant's state of licensure;

(2)  A check with the commercial [driver's] licenseinformation system;

(3)  A check with the National Driver Register; and

(4)  A request for the applicant's complete drivingrecord from all states where the applicant was previously licensed to drive anymotor vehicle over the last ten years.  This check is only required for driversrenewing a commercial driver's license for the first time after September 30,2002; provided that a notation is made on the driver's record confirming thecheck has been made and the date it was done.

(f)  Within ten daysafter issuing a commercial driver's license, the examiner of drivers, in thefollowing situations, shall provide the operator of the commercial driver'slicense information system with all information obtained by the examiner thatis necessary to identify the licensee:

(1)  The issuance of each commercial driver'slicense;

(2)  The notation of any changes in driveridentification information; and

(3)  The notation of any changes to thedriver's driving record relating to the transfer of a commercial driver'slicense from one state to another.

(g)  An initial orrenewed commercial driver's license with a hazardous materials endorsementshall expire no later than five years from its date of issuance, except if thelicensee is seventy-two years of age or older.  The expiration date of acommercial driver's license with a hazardous materials endorsement shall be thesame expiration date as the hazardous materials endorsement.  If the licenseeis seventy-two years of age or older, the initial or renewed commercialdriver's license with a hazardous materials endorsement shall not exceed twoyears.  All other initial commercial driver's licenses shall be valid for notless than [a] two- or six-year period, beginning on the driver's birthday.  Allother renewed licenses shall be valid for not more than [a] two- or six-yearperiod from the expiration date of the previous valid license.  With theexception of a commercial driver's license with a hazardous materials endorsement,the commercial driver's license shall expire on the next birthday of thelicensee occurring six years after the date of issuance of the license unlesssooner revoked, suspended, or canceled; provided that, unless sooner revoked,the license shall expire on the second birthday of the licensee following theissuance of the license if at that time the licensee is seventy-two years ofage or older.

(h)  When applyingfor renewal of a commercial driver's license, the applicant shall complete theapplication form required by section 286-238, providing updated information andrequired certifications.  If the applicant desires to retain a hazardousmaterials endorsement, the knowledge test for a hazardous materials endorsementshall also be taken and passed by the applicant.  The examiner of drivers shallcomplete a check of the applicant's driving record as required under subsection(e). [L 1989, c 320, pt of §2; am L 1990, c 342, §9; am L 1995, c 114, §3; am L1998, c 93, §2; am L 2003, c 15, §1; am L 2004, c 103, §7; am L 2006, c 23, §1and c 130, §5]