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DEPARTMENT OF MOTOR VEHICLES
NOTICE OF FINAL RULEMAKING
The Director of the Department of Motor Vehicles (“Director”), pursuant to the authority set forth in Sections 1825 and 1826 of the Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code §§ 50-904 and 50-905 (2009 Repl.)), Section 7 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-1401.01 (2012 Supp.)), Section 3 of the Uniform Classification and Commercial Driver’s License Act of 1990, effective September 20, 1990 (D.C. Law 8-161; D.C. Official Code § 50-402) (2012 Supp.), Mayor’s Order 91-161, dated October 15, 1991 and Mayor’s Order 2007-168, dated July 23, 2007, hereby gives notice of the adoption of the following amendments to Chapter 13 (Classification and Issuance of Commercial Driver’s Licenses) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (“DCMR”) which would authorize the Director to waive the commercial driver license skills test for qualified candidates with military commercial motor vehicle experience.
Notice of Proposed Rulemaking was published in the D.C. Register on March 1, 2013 at 60 DCR 2411. No comments were received. No changes were made to the text of the proposed rules. The final rules will become effective on the date of publication of this notice in the D.C. Register.
Title 18, VEHICLES AND TRAFFIC, of the DCMR is amended as follows:
Chapter 13, CLASSIFICATION AND ISSUANCE OF COMMERCIAL DRIVER’S LICENSES, is amended as follows:
Section 1318, TEST WAIVER, is amended as follows:
A new Subsection 1318.3 is added to reads as follows:
1318.3 The Director may waive the skills test specified in §1316 for a commercial driver license applicant with military commercial motor vehicle experience who currently holds a driver license at the time of his or her application for a commercial driver license as follows:
(a) The applicant must certify that, during the two (2)-year period immediately prior to applying for a commercial driver license, he or she:
(1) Has not had more than one (1) license concurrently (except for a military license);
(2) Has not had any license suspended, revoked, or cancelled;
(3) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 49 CFR §383.51(b);
(4) Has not had more than one (1) conviction for any type of motor vehicle for serious traffic violations contained in 49 CFR §383.51(c); and
(5) Has not had had any conviction for a violation of military, state, or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he or she was at fault;
(b) An applicant must provide evidence and certify that he or she:
(1) Is regularly employed or was regularly employed within the last ninety (90) days in a military position requiring operation of a commercial motor vehicle;
(2) Was exempted from the commercial driver license requirements in 49 CFR §383.3(c); and
(3) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate, for at least the two (2) years immediately preceding discharge from the military; and
(c) An applicant must complete a form designed by the Director, setting forth any additional information the Director may require in order to determine whether the applicant is qualified to receive a waiver.
(d) An applicant may not transfer a school (“S”) or passenger (“P”) endorsement under this waiver program.
