§286-239 - Commercial driver's license.
§286-239
Commercial driver's license. (a) The commercial driver's license shall be
marked "CDL" and, to the maximum extent practicable, shall be tamper-proof
and 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 shall
not be the licensee's social security number;
(6) Signature;
(7) The class or type of commercial motor vehicle or
vehicles 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) Commercial
driver's licenses may be issued with the following categories:
(1) Category A – Any combination of vehicles with a
gross combination weight rating of 26,001 pounds or more; provided that the
gross vehicle weight rating of the vehicles being towed is in excess of 10,000
pounds;
(2) Category B – Any single vehicle with a gross
vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a
vehicle not in excess of 10,000 pounds; and
(3) Category C – Any single vehicle or combination of
vehicles that meets neither the definition of category A nor that of category
B, but that is either:
(A) Designed to transport sixteen or more
passengers, including the driver; or
(B) Used in the transportation of hazardous
materials which requires the vehicle to comply with Title 49 Code of Federal
Regulations, Part 172, Subpart F.
(c) Commercial
drivers' licenses may be issued with any one or more of the following
endorsements and restrictions:
(1) "H" – Authorizes the driver to drive a
vehicle transporting hazardous materials;
(2) "K" – Restricts the driver to vehicles
not equipped with air brakes;
(3) "T" – Authorizes driving double and
triple trailers;
(4) "P" – Authorizes driving vehicles
carrying passengers;
(5) "N" – Authorizes driving tank vehicles;
(6) "X" – Represents a combination of
hazardous materials and tank vehicle endorsements;
(7) "S" – Authorizes driving school buses;
and
(8) "V" – Restricts the driver from
operating in interstate commerce as defined in Title 49 Code of Federal
Regulations Section 390.5.
(d) The holder of a
valid commercial driver's license may drive all vehicles in the category for
which the license is issued, and all lesser categories of vehicles except
motorcycles and except vehicles which require an endorsement, unless the proper
endorsement appears on the license.
(e) Before issuing
a commercial driver's license, the examiner of drivers shall complete a check
of the applicant's driving record to determine whether the applicant is subject
to any disqualification under section 286-240, or any license suspension,
revocation, or cancellation under state law, and whether the applicant has a
driver's license from more than one state or jurisdiction. The record check
shall be made no earlier than twenty-four hours prior to the initial issuance
or transfer and no sooner than ten days before renewals and upgrades of a
commercial driver's license. The record check shall include but is not limited
to the following:
(1) A check of the applicant's driving record as
maintained by the applicant's state of licensure;
(2) A check with the commercial [driver's] license
information system;
(3) A check with the National Driver Register; and
(4) A request for the applicant's complete driving
record from all states where the applicant was previously licensed to drive any
motor vehicle over the last ten years. This check is only required for drivers
renewing 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 the
check has been made and the date it was done.
(f) Within ten days
after issuing a commercial driver's license, the examiner of drivers, in the
following situations, shall provide the operator of the commercial driver's
license information system with all information obtained by the examiner that
is necessary to identify the licensee:
(1) The issuance of each commercial driver's
license;
(2) The notation of any changes in driver
identification information; and
(3) The notation of any changes to the
driver's driving record relating to the transfer of a commercial driver's
license from one state to another.
(g) An initial or
renewed commercial driver's license with a hazardous materials endorsement
shall expire no later than five years from its date of issuance, except if the
licensee is seventy-two years of age or older. The expiration date of a
commercial driver's license with a hazardous materials endorsement shall be the
same expiration date as the hazardous materials endorsement. If the licensee
is seventy-two years of age or older, the initial or renewed commercial
driver's license with a hazardous materials endorsement shall not exceed two
years. All other initial commercial driver's licenses shall be valid for not
less than [a] two- or six-year period, beginning on the driver's birthday. All
other renewed licenses shall be valid for not more than [a] two- or six-year
period from the expiration date of the previous valid license. With the
exception of a commercial driver's license with a hazardous materials endorsement,
the commercial driver's license shall expire on the next birthday of the
licensee occurring six years after the date of issuance of the license unless
sooner revoked, suspended, or canceled; provided that, unless sooner revoked,
the license shall expire on the second birthday of the licensee following the
issuance of the license if at that time the licensee is seventy-two years of
age or older.
(h) When applying
for renewal of a commercial driver's license, the applicant shall complete the
application form required by section 286-238, providing updated information and
required certifications. If the applicant desires to retain a hazardous
materials endorsement, the knowledge test for a hazardous materials endorsement
shall also be taken and passed by the applicant. The examiner of drivers shall
complete 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 L
1998, c 93, §2; am L 2003, c 15, §1; am L 2004, c 103, §7; am L 2006, c 23, §1
and c 130, §5]