What does 49 CFR 383.77 (Substitute for knowledge and driving skills tests for drivers with military CMV experience) require?

Short answer

49 CFR 383.77 allows a State to waive the knowledge and driving skills tests for current or former military service members who meet specific conditions and limitations. The waiver applies to the requirements in 383.23(a)(1) and 383.25(a)(3) for a CLP or CDL.

The rule says

"An applicant must provide evidence and certify that he/she: (A) Is regularly employed or was regularly employed within the last year in a military position requiring operation of a CMV; (B) Was exempted from the CDL requirements in 383.3(c); and (C) Was operating a vehicle representative of the CMV type the driver applicant operates or expects to operate, for at least the 2 years immediately preceding separation from the military." (49 CFR 383.77(b)(2)(i))

"A State may waive the requirements in 383.23(a)(1) and 383.25(a)(3) that a person must pass a knowledge test for a CLP" (49 CFR 383.77(a)(1))

In plain English

This rule provides an alternative path for military service members to obtain a CDL, recognizing their prior experience operating commercial motor vehicles in the military. To qualify, they must have been employed in a military position that required CMV operation, been exempt from CDL requirements, and have operated a representative vehicle for at least two years before leaving the military. The waiver simplifies the process for these individuals to transition to a civilian CDL.

What to do

• Verify the applicant's military CMV experience and certification
• Check for exemption from CDL requirements under 383.3(c)
• Confirm the applicant operated a representative vehicle for at least two years before separation from the military
• Apply the waiver to the knowledge and driving skills tests if all conditions are met