1. CDL Testing and Commercial Learner’s Permit Standards Final Rule
Revised
CDL Testing and Commercial Learner’s Permit Standards
Final Rule
Del Mar College/NAPFTDS
Region 4 Conference
Corpus Christi, Texas
November , 2011 1

2. CDL Testing and Commercial Learner’s Permit Standards
Revised
CDL Testing and Commercial Learner’s Permit Standards
Why Testing and Permit Standards in one rulemaking?
They are related issues. Testing is the path to both the CLP and the CDL

3. Rulemaking Summary Effective Date of Final Rule – July 8, 2011
Revised
Rulemaking Summary
Effective Date of Final Rule – July 8, 2011
Compliance Date – July 8, 2014
Addresses 17 major issues:
Revised CDL knowledge and skills testing requirements
New CLP/CDL issuance requirements
Other CLP/CDL regulatory changes

4. Rulemaking Summary (cont)
Revised
Rulemaking Summary (cont)
Purpose:
Enhance highway safety
Ensure only qualified drivers operate CMVs (passed knowledge & skills tests, legally present & properly documented)

5. 1. Strengthen Legal Presence Requirement
Revised
1. Strengthen Legal Presence Requirement
Issue CLP/CDL only to:
U.S. Citizen
Lawful permanent resident of U.S.
Issue Non-domiciled CLP/CDL to persons with:
Temporary legal presence
Indefinite legal presence, or
From a State that had its CDL program decertified

6. 1. Strengthen Legal Presence Requirement (cont.)
Revised
1. Strengthen Legal Presence Requirement (cont.)
Require proof of:
U.S. Citizenship/Permanent legal presence
Temporary/Indefinite legal presence
Acceptable documentation
Table 1 to (HM endorsement)
Foreign issued passport/U.S. immigration documentation

7. 1. Strengthen Legal Presence Requirement (cont.)
Revised
1. Strengthen Legal Presence Requirement (cont.)
Proof of domicile in State
Document with name and residential address in State
No domicile proof for nonresident

8. 2. SSN Verification State to verify Name, DOB and SSN
Revised
2. SSN Verification
State to verify Name, DOB and SSN
No CLP/CDL issuance without verification
Electronic verification (Individual/batch)
Exceptions:
Only performed on initial CLP issuance
Transfer of CDL
1st renewal of CLP/CDL (after effective date of Final Rule if SSN was not verified previously)

9. 3. Surrender CLP, CDL or Non-CDL
Revised
3. Surrender CLP, CDL or Non-CDL
Currently, surrender only required when CDL is replacing out-of-State Non-CDL or CDL
Applicant must now surrender/return:
Non-CDL/CLP being upgraded to CDL
CDL initially issued, upgraded or transferred
No surrender on renewals
Return of surrendered license
Only after physically marking it
Punching hole/cutting corner not acceptable
Punching “VOID” considered invalidated

10. 4. CDL Testing Requirements for Out-Of-State Driver Training
Revised
4. CDL Testing Requirements for Out-Of-State Driver Training
CLP holder may take driver training in any State
Take skills test in State of training
State of training sends skills test to State of domicile – process still to be determined.
State of Domicile is required to accept out-of- state skills test scores

11. 5. State Reciprocity of CLPs
Revised
5. State Reciprocity of CLPs
CLP only issued by State of Domicile
CLP/Nonresident CLP must be recognized for training purposes by all States
Reciprocity is similar to CDL/Nonresident CDL

12. 6. Minimum Standards for Issuing CLPs
Revised
6. Minimum Standards for Issuing CLPs
Pass Knowledge Test to Obtain CLP
CLP – Separate document from CDL/Non-CDL
CLP document - Same tamperproof requirements as CDL except photo is prohibited on the CLP
Record CLP in CDLIS
Not valid without underlying non-CDL/CDL
Must be accompanied by valid CDL holder

13. 7. Maximum Initial/ Renewal Periods for CLP/CDL
Revised
7. Maximum Initial/ Renewal Periods for CLP/CDL
Initial validity/renewal periods for CLP
Initial validity up to 180 days
Renewal for additional 180 days without retesting for knowledge
Initial validity/renewal periods for CDL
Average current period of validity = 5yr.
Maximum issuance period is 8 years.

14. Revised
8. Minimum Age for CLP
Currently, some States issue CLP’s to applicants under 18 years of age
Uniformity needed for CLP reciprocity
Minimum age of 18 years old
Intrastate - 18 years and older
Interstate - 21 years and older

15. 9. Preconditions to Take Skills Test
Revised
9. Preconditions to Take Skills Test
Initial CLP must be issued for 14 days before taking skills test
Rationale – Applicant needs behind the wheel training and practice before taking license test
Separate rulemaking on proposed entry level training before skills test. Final rulemaking expected Fall of 2011.

16. 10. Limit Endorsements on CLP
Revised
10. Limit Endorsements on CLP
Only P and S endorsements require skills test
Only P, S (with no-passenger restriction), and Tank (N with empty restriction) endorsements permitted on CLP
Passengers prohibited with CLP and P endorsement
P endorsement must be class specific on CLP

17. 11. Methods of Administering CDL Tests
Revised
11. Methods of Administering CDL Tests
Eliminate use of interpreters for knowledge and skills tests
Applicant and examiner fraud found in use of interpreters
English only for skills tests – bilingual or multilingual examiners may not test in languages other than English
Need immediate response to verbal commands and instructions in English

18. 12. Update Federal Knowledge and Skills Test Standards
Revised
12. Update Federal Knowledge and Skills Test Standards
Incorporates AAMVA 2005 CDL Test System by reference – Final Rule deleted this.
Jurisdictions required to use an FMCSA pre-approved State Testing System that meets the minimum requirements established by the Final Rule and that is comparable to the AAMVA 2005 CDL Test System (July 2010 version) which FMCSA approved in the Final Rule.

19. 12. Update Federal Knowledge/ Skills Test Standards (cont.)
Revised
12. Update Federal Knowledge/ Skills Test Standards (cont.)
Promotes uniformity among States
Pre-trip inspection – Skills test
Final Rule permits banking of skills test scores
Eliminate – Substitute for skills test which was intended only for the initial testing cycle prior to April 1, 1992 – Now applies only to drivers with military CMV experience.
Requires covert monitoring of State and 3rd party skills examiners

20. CDL Version 2.0 Score Sheet
NEW Score Sheet

21. Basic Control Skills Forms
Must include 1 exercise from each of the 3 categories
Category 1
Straight Line Backing
Category 2
Offset Backing to the Left
Offset Backing to the Right
Category 3
Sight Side Parallel Parking
Conventional Parallel Parking
90 Degree Alley Dock

22. Road Test

23. Road Test Required Maneuvers
2005 Test System
4 left turns & 4 right turns
2 lane change maneuvers
Straight section of urban business
2 through & 2 stop intersections
RR Crossing
1 curve to left, 1 curve to right
Section expressway/limited access highway
Roadside stop/start
2 Signs (clearance, weight or traffic)
Student discharge
Current test
4 left turns & 4 right turns
1 lane change (done on Urban/Rural road)
Straight section Urban/Rural
1 through & 2 stop intersections
RR Crossing
1 curve
Section expressway/limited access highway
Roadside stop/start (up/downgrade)
Sign (clearance, weight or traffic)
Up/down grade

24. Road Test - Turns
New Score Sheet
Current Score Sheet

25. Road Test - Intersections
New Score Sheet
Current Score Sheet

26. Road Test - Expressway

27. Road Test – Urban/Rural, Lane Changes Curves

28. Road Test – Roadside Stop/Start

29. Road Test – Railroad Crossing, Truck/Bus Sign

30. Road Test – General Driving Behaviors

31. 13. New Standard Endorsement and Restriction Codes
Revised
13. New Standard Endorsement and Restriction Codes
Tank endorsement – Aggregate capacity of 1000 or more gallons – min. capacity of 119 gallons
New/Standard Restrictions
“L” Air Brake (5 codes currently being used)
“Z” Full air brake (only air over hydraulic)
“E” Manual Transmission (only automatic)
“O” Tractor-trailer (only pintle-hook)
“M” No Class A passenger vehicle
“N” No Class A or B passenger vehicle

32. 14. Previous Driving Offenses by CLP Applicants and Holders
Revised
14. Previous Driving Offenses by CLP Applicants and Holders
CLP Holder
Subject to same CDL disqualifying offenses in 49 CFR in CMV or non-CMV
CLP Applicant
Subject to same requirements as CDL holder

33. 15. Motor Carrier Prohibitions
Revised
15. Motor Carrier Prohibitions
Currently, motor carrier only prohibited from allowing disqualified driver to operate CMV
Motor carrier is now prohibited from allowing drivers to operate CMV with:
No CLP or CDL
CDL without proper class/endorsements

34. 16. Incorporate Regulatory Guidance into Regulatory Text
Revised
16. Incorporate Regulatory Guidance into Regulatory Text
Codify regulatory guidance related to CLP and Testing into regulatory text
Eliminate CLP and Testing regulatory guidance that is obsolete

35. 17. Incorporate CDL Provisions of SAFE Port Act (2006)
Revised
17. Incorporate CDL Provisions of SAFE Port Act (2006)
States must disqualify a CDL holder if the holder has been convicted of fraud related to the CDL application or testing process.
CLP or CDL holder must make appointment to re-test within 30 days of notification
Fraud prevention/detection: State out of compliance, if:
Fails to impose adequate internal controls
Fails to take adequate corrective action
Impose sanctions against State for noncompliance

36. 17. Incorporate CDL Provisions of SAFE Port Act (cont.)
State and Third Party Examiners:
Requires national criminal background checks
Decertification of examiners with any conviction for fraud
Decertification of examiners with any felony conviction within the past 10 years

37. 17. Incorporate CDL Provisions of SAFE Port Act (cont.)
Requires State knowledge and skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL knowledge and skills tests
Requires 3rd party skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL skills tests

38. 17. Incorporate CDL Provisions of SAFE Port Act (cont.)
Requires State and 3rd party CDL test examiners to successfully complete a refresher training course and examination every 4 years
Third Party Testers and Examiners:
Testers – min. 50 skills tests/year - Removed
Examiners – minimum of 10 skills tests/year or either take refresher training or have a State examiner observe the examiner administering a CDL skills test

39. Revised
Contact Information
Kevin Lewis
Director, Driver Programs
Karen Morton
Director, Driver Licensing

40. Revised
Questions?

41. Questions to Ponder
Why don’t you ever see the headline “Psychic Wins Lottery”?
Why is “abbreviated” such a long word?
Why is lemon juice made with artificial flavor and dishwashing liquid made with real lemons?
Why isn’t there mouse-flavored cat food?