CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 300–399) > SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS (Parts 350–399) > PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM > SUBPART B—Minimum Standards for Substantial Compliance by States (§384.201 to §384.234) > 384.206—State record checks.

384.206—State record checks.

(a) Required checks— (1) Issuing State's records. Before issuing, renewing, upgrading, or transferring a CDL to any person, the driver's State of record must, within the period of time specified in § 384.232, check its own records as follows:
(i) The driver record of the person in accordance with § 383.73(a)(3)(i) of this chapter; and
(ii) For a driver who certifies that his or her type of driving is not-excepted, interstate commerce according to § 383.71(a)(1)(ii)(A) of this chapter, the medical certification status information on the person's CDLIS driver record.
(2) Other States' records. Before the initial or transfer issuance of a CDL to a person, and before renewing a CDL held by any person, the issuing State must:
(i) Require the applicant to provide the names of all States where the applicant has previously been licensed to operate any type of motor vehicle.
(ii) Within the time period specified in § 384.232, request the complete driver record from all States where the applicant was licensed within the previous 10 years to operate any type of motor vehicle.
(iii) States receiving a request for the driver record of a person currently or previously licensed by the State must provide the information within 30 days.
(b) Required action. Based on the findings of the State record checks prescribed in this section, the State of record must do one of the following as appropriate:
(1) Issue, renew, upgrade or transfer the applicant's CDL;
(2) In the event a State obtains adverse information regarding the applicant, promptly implement the disqualifications, licensing limitations, denials, or penalties that are called for in any applicable sections of this subpart; or
(3) In the event there is no information regarding the driver's self-certification for driving type that is required by § 383.71(a)(1)(ii), or for a driver who is required by § 383.71(h) to be “certified;” if the medical certification status of the individual is “not-certified,” the State must deny the CDL action requested by the applicant and initiate a downgrade of the CDL, if required by § 383.73(j)(4) of this chapter.
[59 FR 26039, May 18, 1994, as amended at 67 FR 49761, July 31, 2002; 73 FR 73125, Dec. 1, 2008]