380.111—Substitute for driver training.
(a) Grandfather clause.
The LCV driver-training requirements specified in subpart B of this part do not apply to an individual who meets the conditions set forth in paragraphs (b), (c), and (d) of this section. A motor carrier must ensure that an individual claiming eligibility to operate an LCV on the basis of this section meets these conditions before allowing him/her to operate an LCV.
(b)
An individual must certify that, during the 2-year period immediately preceding the date of application for a Certificate of Grandfathering, he/she had:
(4)
No convictions for a major offense while operating a CMV as defined in § 383.51(b) of this subchapter;
(5)
No convictions for a railroad-highway grade crossing offense while operating a CMV as defined in § 383.51(d) of this subchapter;
(6)
No convictions for violating an out-of-service order as defined in § 383.51(e) of this subchapter;
(7)
No more than one conviction for a serious traffic violation, as defined in § 383.5 of this subchapter, while operating a CMV; and
(8)
No convictions for a violation of State or local law relating to motor vehicle traffic control arising in connection with any traffic crash while operating a CMV.
(1)
Is regularly employed in a job requiring the operation of a CMV that requires a CDL with a double/triple trailers endorsement; and
(2)
Has operated, during the 2 years immediately preceding the date of application for a Certificate of Grandfathering, vehicles representative of the type of LCV that he/she seeks to continue operating.
(d)
A motor carrier must issue a Certificate of Grandfathering to a person who meets the requirements of this section and must maintain a copy of the certificate in the individual's Driver Qualification file.
Code of Federal Regulations
(e)
An applicant may be grandfathered under this section only during the year following June 1, 2004.