5616317 Motor Vehicles, Department of - Notice of Proposed Rulemaking - Commercial Driver's License and Learner Permits
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DEPARTMENT OF MOTOR VEHICLES
NOTICE OF PROPOSED 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 (2012 Repl.)); Sections 6 and 7 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 and 50-1401.01 (2012 Repl.)); 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 Repl.)); and Mayor’s Order 91-161, dated October 15, 1991, hereby gives notice of the intent to adopt the following rulemaking that will amend Chapter 13 (Classification and Issuance of Commercial Driver’s Licenses) of Title 18 (Vehicles and Traffic) of the District of Columbia Municipal Regulations (“DCMR”).
These amendments are intended to make grammatical corrections and update rules to comply with federal regulations.
The Director also gives notice of intent to take final rulemaking action to adopt these rules in not less than thirty (30) days after 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:
The chapter heading is amended to read as follows:
CHAPTER 13 COMMERCIAL DRIVER LICENSES AND
COMMERCIAL LEARNER PERMITSSection 1300, GENERAL PROVISIONS, is amended as follows:
Subsection 1300.1(g) is amended to read as follows:
(g) Issuing commercial driver licenses and commercial learner permits.
Section 1301, APPLICATION FOR A COMMERCIAL DRIVER’S LICENSE, is amended as follows:
The section heading is amended to read as follows:
1301 APPLICATION FOR A COMMERCIAL DRIVER LICENSE OR COMMERCIAL LEARNER PERMIT
Subsection 1301.1 is amended as follows:
The lead-in text is amended to read as follows:
1301.1 The application or renewal application for a commercial driver license or commercial learner permit shall include the following:
Paragraph (f) is amended to read as follows:
(f) All jurisdictions in which the applicant has previously been licensed to operate any type of motor vehicle within the last ten years;
Paragraph (h) is amended by striking the word “and”.
Paragraph (i) is amended by striking the period at the end and inserting a semicolon in its place.
New paragraphs (j), (k), (l), and (m) are added to read as follows:
(j) Whether the person is a United States citizen or has lawful permanent residency as specified in 49 C.F.R. § 383.71(a)(2)(v), (b)(9), (c)(6), and (d)(5);
(k) The medical certification required by 49 C.F.R. § 383.71(h);
(l) If applicable, applicant’s certification that he or she operates only in intrastate commerce and is subject to the District of Columbia’s driver qualification requirements; and
(m) If the applicant is seeking to transfer a commercial driver license from another jurisdiction, and wishes to retain a hazardous materials endorsement, require compliance with standards for such endorsement specified in 49 C.F.R. §§ 383.71(b)(8) and 383.141 and ensure that the driver has passed the test for such endorsement specified in 49 C.F.R. § 383.121.
Subsection 1301.2 is amended by striking the phrase “commercial driver’s license or commercial driver’s instruction license” and inserting the phrase “commercial driver license or commercial learner permit” in its place.
Subsection 1301.3 is amended by striking the phrase “commercial driver’s license” and inserting the phrase “commercial driver license or commercial learner permit” in its place.
Section 1302, COMMERCIAL DRIVER’S INSTRUCTION LICENSE, is amended as follows:
The section heading is amended to read as follows:
1302 ISSUANCE OF COMMERCIAL LEARNER PERMIT
Section 1302 is amended by striking the phrase “commercial driver’s instruction license” wherever it appears and inserting the phrase “commercial learner permit” in its place.
Subsection 1302.1 is amended to read as follows:
1302.1 A commercial learner permit shall be issued only to an individual who:
(a) Provides proof of citizenship or lawful permanent residency as specified in 49 C.F.R. § 383.71(a)(2)(v), (b)(9), (c)(6), and (d)(5);
(b) Except as set forth in §1303.7 of this chapter, is a resident of the District of Columbia; and
(c) Holds a valid noncommercial driver license or a valid commercial driver license if applying to operate commercial vehicles in a group or endorsement other than the group or endorsement that he or she is authorized to operate.
Subsection 1302.7 is amended to read as follows:
1302.7
(a) The commercial learner permit shall be valid for no more than one hundred and eighty (180) days from the date of issuance. The learner permit may be renewed for an additional one hundred and eighty (180) days without requiring the permitee to retake the general or endorsement knowledge test. The permit may be renewed within thirty (30) days before its expiration.
(b) The commercial learner permit holder is not eligible to take the commercial driver license skills test in the first thirty (30) days after the initial issuance of the commercial learner permit.
Section 1303, ISSUANCE OF COMMERCIAL DRIVER'S LICENSE, is amended as follows:
The section heading is amended to read as follows:
1303 ISSUANCE OF COMMERCIAL DRIVER LICENSE AND COMMERCIAL LEARNER PERMIT
Subsection 1303.1 is amended to read as follows:
1303.1 No person shall be issued a commercial driver license unless that person:
(a) Is a resident of the District of Columbia, except as set forth in § 1303.7;
(1) Possesses a commercial learner permit;
(2) Has met the requirements of §§ 1315 and 1316 of this chapter or
(3) Is granted a waiver pursuant to § 1318;
(c) Meets the requirements set forth in § 1327;
(d) Surrenders his or her non-commercial or commercial driver license from any state; and
(e) Provides proof of citizenship or lawful permanent residency as specified in 49 C.F.R. § 383.71.
A new Subsection 1303.7 is added to read as follows:
1303.7 A person may obtain a non-domiciled commercial driver learner permit or commercial driver license if:
(a) The applicant is domiciled in a foreign jurisdiction, as defined in 49 C.F.R. § 383.5 and the Federal Motor Carrier Administration Administrator has not determined that the commercial motor vehicle operator testing and licensing standards of that jurisdiction meet the standards contained in subparts 49 C.F.R. part 383, subparts F, G and H; or
(b) The applicant is domiciled in a state that is prohibited from issuing commercial learner permits or commercial driver licenses in accordance with 49 C.F.R. § 384.405.
A new Subsection 1303.8 is added to read as follows:
1303.8 An applicant for a non-domiciled commercial learner permit or a commercial license must:
(a) Complete the requirements to obtain a commercial learner permit contained in 49 C.F.R. § 383.71(a) or a commercial driver license contained in 49 C.F.R. § 383.71(b). Exception: An applicant domiciled in a foreign jurisdiction must provide an unexpired employment authorization document issued by the United States Citizenship and Immigration Services or an unexpired foreign passport accompanied by an approved I–94 form documenting the applicant's most recent admittance into the United States. No proof of domicile is required; and
(b) After receipt of the non-domiciled commercial learner permit or commercial driver license, and for as long as it is valid, notify the Department of any adverse action taken by any jurisdiction or governmental agency, foreign or domestic, against his or her driving privileges. Such adverse actions include, but are not limited to, license disqualification or disqualification from operating a commercial motor vehicle for the convictions described in 49 C.F.R. § 383.51 Notifications must be made within the time periods specified in 49 C.F.R. § 383.33.
Section 1304, LIMITATION ON NUMBER OF DRIVER'S LICENSES, is amended as follows:
The section heading is amended to read as follows:
1304 LIMITATION ON NUMBER OF DRIVER LICENSES
Subsection 1304.1 is amended by striking the word “driver’s” and inserting the word “driver” in its place.
Section 1305, COMMERCIAL DRIVER’S LICENSE REQUIRED, is amended as follows:
The section heading is amended to read as follows:
1305 COMMERCIAL DRIVER LICENSE REQUIRED
Subsection 1305.1 is amended as follows:
The lead-in text is amended to read as follows:
1305.1 No resident of the District of Columbia shall drive a commercial vehicle unless he or she has been issued a valid commercial driver license or a valid commercial learner permit, which authorizes him or her to operate the following types of vehicles:
Subsection 1305.2 is amended by striking the phrase “commercial driver's instruction license or commercial driver's license” and inserting the phrase “commercial learner permit or commercial driver license” in its place
Subsection 1305.3 is amended to read as follows:
1305.3 No person shall drive a commercial motor vehicle in the District of Columbia unless the person holds a commercial driver license with the applicable class and endorsements for the vehicle(s) he or she is driving, except when driving under a commercial driver learner permit and accompanied by the holder of a commercial driver license for the vehicle being driven.
Section 1306, DISQUALIFICATION, is amended as follows:
Subsection 1306.1 is amended to read as follows:
1306.1 The Director shall disqualify a person from operating a commercial vehicle, by denying an application for a commercial driver license or learner permit or by withdrawing a person's commercial driver license or learner permit, if the person:
(a) Is convicted of driving any vehicle while under the influence of alcohol or a controlled substance;
(b) Is convicted of having an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine while operating a commercial vehicle;
(c) Is convicted of refusing to take an alcohol test while operating any vehicle;
(d) Is convicted of leaving the scene of an accident while operating any vehicle;
(e) Is convicted of causing a fatality through the negligent operation of a commercial vehicle;
(f) Is convicted of using any vehicle in the commission of a felony;
(g) Is convicted of driving a commercial vehicle when, as a result of prior violations committed while operating a commercial vehicle, the person’s commercial driver license is revoked or suspended, or the person is disqualified from operating a commercial vehicle;
(h) Is convicted of driving a commercial vehicle and failing to slow down and stop before reaching a railroad crossing to check that railroad tracks are clear of an approaching train;
(i) Is convicted of driving a commercial vehicle without leaving sufficient space to drive through a railroad crossing without stopping;
(j) Is convicted of failure to obey a traffic control device or the directions of an enforcement official at a railroad crossing while operating a commercial vehicle;
(k) Is convicted of failure to negotiate a railroad crossing because of insufficient undercarriage clearance while operating a commercial vehicle;
(l) Is convicted of operating a commercial vehicle in violation of an out-of-service order;
(m) Is convicted of two (2) or more serious traffic violations within a three (3) year period;
(n) Is convicted of operating a school bus, operating a vehicle designed to transport sixteen (16) or more people, including the driver, operating any vehicle that is more than twenty-six thousand and one (26,001) pounds, transporting hazardous material, or engaging in commercial interstate operation while under twenty-one (21) years of age;
(o) Has falsified information contained in the commercial driver license or learner permit application or a document submitted as part of the application process. In such an instance, the Director shall at a minimum disqualify the person’s commercial driver license or learner permit or the person’s pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least sixty (60) consecutive days;
(p) Is convicted of fraud related to the issuance of that commercial driver license or learner permit. The person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial driver license or learner permit shall be disqualified for one (1) year and the Director shall record the withdrawal in the person’s driving record. The person may not reapply for a new commercial driver license or learner permit for at least one (1) year; or
(q) Is suspected, but has not been convicted, of fraud related to the issuance of his or her commercial driver license or learner permit, and within thirty (30) days after receiving notification from the Director that re-testing is necessary, the affected commercial driver license or learner permit holder has not made an appointment or otherwise scheduled to take the next available test. In such an instance, the commercial driver license or learner permit holder shall be disqualified from driving a commercial motor vehicle. If the person fails either the knowledge or skills test or does not take the test, he or she shall be disqualified from driving a commercial motor vehicle. Once a commercial motor vehicle or learner permit holder has been so disqualified, he or she must reapply for a commercial driver license or learner permit under the procedures set forth in this chapter.
Subsection 1306.2 is amended as follows:
1306.2 For purposes of this chapter, the following violations are serious traffic violations:
…
(i) Texting while driving;
(j) Use of a hand-held mobile telephone while driving.
Section 1307, COMMERCIAL MOTOR VEHICLE DRIVER RESPONSIBILITY, is amended as follows:
Subsection 1307.1 is amended by striking the phrase “commercial driver’s license” and inserting the phrase “commercial driver license or commercial learner permit” in its place.
Subsection 1307.2 is amended to read as follows:
1307.2 When the holder of a commercial driver license changes his or her name, mailing address or residence, he or she shall file an application for a duplicate commercial driver license with the Department of Motor Vehicles within sixty (60) calendar days.
Subsection 1307.3(a) is amended by striking the word “driver’s” and inserting the word “driver” in its place.
Section 1309, EMPLOYER’S RESPONSIBILITY, is amended as follows:
A new Subsection 1309.5 is added to read as follows:
1309.5 An employer shall not knowingly allow, require, permit, or authorize any of its drivers to engage in texting or using a hand-held mobile telephone while driving.
Section 1310, COMMERCIAL DRIVER’S LICENSE CONTENT, is amended as follows:
The section heading is amended to read as follows:
1310 COMMERCIAL DRIVER LICENSE CONTENT
Section 1310.1 is amended by striking the word “driver’s” and inserting the word “driver” in its place.
Subsection 1310.2 is added to read as follows:
1310.2 The commercial learner permit shall be marked “CLP” and shall include, in addition to the information included on a regular driver license, the group(s) of commercial motor vehicles that the permitee is authorized to operate, as specified by class in § 1312 and by endorsement in § 1313.
Section 1311, DURATION OF COMMERCIAL DRIVER’S LICENSE, is amended as follows:
The section heading is amended to read as follows:
1311 DURATION OF COMMERCIAL DRIVER LICENSE
Section 1311 is amended by striking the word “driver’s” wherever it appears and inserting the word “driver” in its place.
Section 1312, DRIVER’S LICENSE TYPE AND CLASS, is amended as follows:
The section heading is amended to read as follows:
1312 DRIVER LICENSE TYPE AND CLASS
Subsection 1312.1 is amended to read as follows:
1312.1 The following types of driver licenses shall be issued by the Director, Department of Motor Vehicles, or his or her designee:
(a) Regular Driver License - For persons qualifying to operate Class “D,” Class “M”, and Class “N” vehicles;
(b) Commercial Driver License - For persons qualifying to operate Class “A,” Class “B,” and Class “C” vehicles;
(c) Learner Driver License - For persons qualifying to operate Class “D,” and Class “M” vehicles, during a period of instruction; and
(d) Commercial Learner Permit - For persons qualifying to operate Class “A”, Class “B,” and Class “C” vehicles, during a period of instruction.
Subsection 1312.2 is amended by striking the word “driver’s” and inserting the word “driver” in its place.
Section 1313, DRIVER’S LICENSE ENDORSEMENTS AND RESTRICTIONS, is amended as follows:
The section heading is amended to read as follows:
1313 COMMERCIAL DRIVER LICENSE AND COMMERCIAL LEARNER PERMIT ENDORSEMENTS AND RESTRICTIONS
Subsection 1313.1 is amended by striking the word “driver’s” and inserting the word “driver” in its place.
Paragraph (f) is amended by striking the word “Motorcycles” and inserting the word “Motorcycle” in its place.
Paragraph (g) is amended by striking the phrase ”Commercial Driver’s Instruction License” and inserting the phrase “Commercial Learner Permit” in its place.
Paragraph (h) is amended by striking the phrase ”Commercial Driver’s Instruction License” and inserting the phrase “Commercial Learner Permit” in its place.
Paragraph (i) is amended by striking the phrase ”Commercial Driver’s Instruction License” and inserting the phrase “Commercial Learner Permit” in its place.
Subsection 1313.3 is amended by striking the word “driver’s” and inserting the word “driver” in its place.
A new Subsection 1313.5 is added to read as follows:
1313.5 A commercial learner permit holder with a passenger endorsement shall not operate a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner permit holder as prescribed by §§ 1302.5 and 1302.6 of this chapter.
A new Subsection 1313.6 is added to read as follows:
1313.6 A commercial learner permit holder with a school bus endorsement shall not operate a school bus with passengers other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner permit holder as prescribed by §§ 1302.5 and 1302.6 of this chapter.
A new Subsection 1313.7 is added to read as follows:
1313.7 A commercial learner permit holder with a tanker endorsement may only operate an empty tank vehicle and shall not operate a tank vehicle that previously contained hazardous materials that has not been purged of any residue.
Section 1314, PROCEDURES FOR LICENSING ACTIONS, is amended as follows:
Section 1314 is amended by striking the word “driver’s” wherever it appears and inserting the word “driver” in its place.Section 1315, COMMERCIAL DRIVER’S LICENSE KNOWLEDGE TEST, is amended as follows:
The section heading is amended to read as follows:
1315 COMMERCIAL DRIVER LICENSE KNOWLEDGE TEST
Subsections 1315.1, 1315.2, 1315.4a, and 1315.5 are amended by striking the word “driver’s” wherever it appears and inserting the word “driver” in its place.
Section 1316, COMMERCIAL DRIVER’S LICENSE SKILLS TEST, is amended as follows:
The section heading is amended to read as follows:
1316 COMMERCIAL DRIVER LICENSE SKILLS TEST
Subsections 1316.1, 1316.3, 1316.4, and 1316.5, and 1316.7 are amended by striking the word “driver’s” wherever it appears and inserting the word “driver” in its place.
Subsection 1316.8 is added to read as follows:
1316.8 If allowed by another U.S. jurisdiction, a District of Columbia resident who has taken commercial driver license training in that jurisdiction may take the skills test in that jurisdiction. The test results will be accepted as if the tests were administered in the District.
Section 1318, TEST WAIVER, is amended as follows:
Subsection 1318.1 is amended by striking the word “driver’s” wherever it appears and inserting the word “driver” in its place.
Section 1319, OUT-OF-SERVICE ORDERS, is amended as follows:
Subsection 1319.2 is amended by striking the phrase “commercial driver’s license” and inserting the phrase “commercial driver license or commercial learner permit” in its place.
Section 1321, RECIPROCITY, is amended as follows:
Subsection 1321.1 is amended as follows:
The lead-in text is amended by striking the phrase “commercial driver’s license or commercial driver’s instruction license” and inserting the phrase “commercial driver license or commercial learner permit” in its place.
Paragraph (a) is amended by striking the phrase “driver’s license” and inserting the phrase “commercial driver license or commercial learner permit” in its place.
Section 1322, COMPLIANCE, is amended as follows:
Subsection 1322 is amended by striking the phrase “commercial driver’s license or a commercial driver’s instruction license” wherever it appears and inserting the phrase “commercial driver license or a commercial learner permit” in its place.
Section 1326, FEES, is amended as follows:
Subsection 1326.1 is amended as follows:
The lead-in text is amended to read as follows:
1326.1 Every applicant for a commercial driver license or commercial learner permit shall pay a non-refundable fee, payable to the D.C. Treasurer, for the following transactions:
The chart is amended by:
Striking the phrase “Commercial Driver’s Learner Permit” and inserting the phrase “Commercial Driver Learner Permit”; striking the phrase “Commercial Driver’s License” and inserting the phrase “Commercial Driver License” in its place.
Subsection 1326.2 is amended by striking the phrase “Commercial Driver’s Instruction License” and inserting the phrase “Commercial Learner Permit” in its place.
Subsection 1326.3 is amended by striking the phrase “Commercial Driver’s Instruction License” and inserting the phrase “Commercial Learner Permit” in its place.
Section 1327, PHYSICAL QUALIFICATIONS AND EXAMINATIONS, is amended as follows:
Subsection 1327.1 is amended to read as follows:
1327.1 No person shall be issued or maintain a commercial driver license or commercial learner permit unless he or she is physically qualified and, except as provided in 49 C.F.R. § 391.49, presents to the Department a valid medical examiner's certificate, as set forth in 49 C.F.R. § 391.43(h) that is not more than two (2) years old.
Subsection 1327.3 is amended to read as follows:
1327.3 Except as otherwise provided in this section, a medical examination to determine an applicant's physical qualification to operate a commercial motor vehicle shall be performed by a medical practitioner who is listed on the National Registry of Certified Medical Examiners.
Subsection 1327.4 is amended by striking the phrase “ophthalmologist or”.
Subsection 1327.7 is amended by striking the word “driver’s” and inserting the word “driver” in its place.
Section 1329, EXEMPTIONS TO THE COMMERCIAL DRIVER’S LICENSE REQUIREMENTS, is amended as follows:
The section heading is amended to read as follows:
1329 EXEMPTIONS TO THE COMMERCIAL DRIVER LICENSE REQUIREMENTS
Section 1399, DEFINITIONS, is amended as follows:
Subsection 1399.1, is amended as follows:
By striking “Commercial Driver’s Instruction License” and inserting “Commercial Learner Permit” in its place; and by striking “Commercial Driver’s License” and inserting “Commercial Driver License” in its place.
By adding the following definitions to read as follows:
Mobile telephone -- a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. part 20.3. It does not include two-way or Citizens Band Radio services.
School bus -- a bus which is regularly used by or on behalf of a school to transport children to or in connection with school activities; Provided, that this definition shall not include buses operated by common carriers which are not used primarily for the transportation of school children, or vehicles owned by the United States government.
Texting -- means manually entering alphanumeric text into, or reading text from, an electronic device that includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access an internet page, or engaging in any other form of electronic text retrieval or entry, for present or future communication.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments, in writing, to David Glasser, General Counsel, D.C. Department of Motor Vehicles, 95 M Street, S.W., Suite 300, Washington, D.C. 20024, dmvpubliccomments@dc.gov, or online at www.dcregs.dc.gov. Comments must be received not later than thirty (30) days after the publication of this notice in the D.C. Register. Copies of this proposal may be obtained, at cost, by writing to the above address.
