What does 49 CFR 383.23 (Commercial driver's license) require?
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Short answer
49 CFR 383.23 requires a person to have a valid commercial driver's license (CDL) to operate a commercial motor vehicle (CMV), with exceptions for non-domiciled CLP or CDL holders and certain military personnel. The rule also outlines the requirements for obtaining a CDL, including passing knowledge and driving skills tests.
The rule says
"No person shall operate a CMV unless such person has taken and passed knowledge and driving skills tests for a CLP or CDL that meet the Federal standards contained in subparts F, G, and H of this part for the CMV that person operates or expects to operate." (49 CFR 383.23(a)(1))
"Except as provided in paragraph (b) of this section, no person may legally operate a CMV unless such person possesses a CDL which meets the standards contained in subpart J of this part, issued by his/her State or jurisdiction of domicile." (49 CFR 383.23(a)(2))
In plain English
The requirement for a valid CDL helps to prevent unqualified drivers from getting behind the wheel, which can reduce the risk of accidents and improve road safety. The exceptions for non-domiciled CLP or CDL holders and certain military personnel are designed to facilitate the transition of military personnel into civilian careers driving CMVs and to accommodate drivers who are not domiciled in a state that issues CDLs.
What to do
- Verify that all CMV drivers have a valid CDL issued by their state or jurisdiction of domicile.
- Ensure that drivers meet the requirements for obtaining a CDL, including passing knowledge and driving skills tests.
- Check for exceptions for non-domiciled CLP or CDL holders and certain military personnel.
- Maintain accurate records of driver qualifications and CDL status.
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