§286-239 - Commercial driver's license.
§286-239 Commercial driver's license. (a) The commercial driver's license shall be marked "CDL" and, to the maximum extent practicable, shall be tamper-proof and include, but not be limited to, the following with respect to the licensee:
(1) The name and residence address;
(2) A color photograph;
(3) A physical description including sex and height;
(4) Date of birth;
(5) A commercial driver's license number that shall not be the licensee's social security number;
(6) Signature;
(7) The class or type of commercial motor vehicle or vehicles which may be driven together with any endorsements or restrictions;
(8) The name of this State; and
(9) The issuance and expiration dates of the license.
(b) Commercial driver's licenses may be issued with the following categories:
(1) Category A – Any combination of vehicles with a gross combination weight rating of 26,001 pounds or more; provided that the gross vehicle weight rating of the vehicles being towed is in excess of 10,000 pounds;
(2) Category B – Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds; and
(3) Category C – Any single vehicle or combination of vehicles that meets neither the definition of category A nor that of category B, but that is either:
(A) Designed to transport sixteen or more passengers, including the driver; or
(B) Used in the transportation of hazardous materials which requires the vehicle to comply with Title 49 Code of Federal Regulations, Part 172, Subpart F.
(c) Commercial drivers' licenses may be issued with any one or more of the following endorsements and restrictions:
(1) "H" – Authorizes the driver to drive a vehicle transporting hazardous materials;
(2) "K" – Restricts the driver to vehicles not equipped with air brakes;
(3) "T" – Authorizes driving double and triple trailers;
(4) "P" – Authorizes driving vehicles carrying passengers;
(5) "N" – Authorizes driving tank vehicles;
(6) "X" – Represents a combination of hazardous materials and tank vehicle endorsements;
(7) "S" – Authorizes driving school buses; and
(8) "V" – Restricts the driver from operating in interstate commerce as defined in Title 49 Code of Federal Regulations Section 390.5.
(d) The holder of a valid commercial driver's license may drive all vehicles in the category for which the license is issued, and all lesser categories of vehicles except motorcycles and except vehicles which require an endorsement, unless the proper endorsement appears on the license.
(e) Before issuing a commercial driver's license, the examiner of drivers shall complete a check of the applicant's driving record to determine whether the applicant is subject to any disqualification under section 286-240, or any license suspension, revocation, or cancellation under state law, and whether the applicant has a driver's license from more than one state or jurisdiction. The record check shall be made no earlier than twenty-four hours prior to the initial issuance or transfer and no sooner than ten days before renewals and upgrades of a commercial driver's license. The record check shall include but is not limited to the following:
(1) A check of the applicant's driving record as maintained by the applicant's state of licensure;
(2) A check with the commercial [driver's] license information system;
(3) A check with the National Driver Register; and
(4) A request for the applicant's complete driving record from all states where the applicant was previously licensed to drive any motor vehicle over the last ten years. This check is only required for drivers renewing a commercial driver's license for the first time after September 30, 2002; provided that a notation is made on the driver's record confirming the check has been made and the date it was done.
(f) Within ten days after issuing a commercial driver's license, the examiner of drivers, in the following situations, shall provide the operator of the commercial driver's license information system with all information obtained by the examiner that is necessary to identify the licensee:
(1) The issuance of each commercial driver's license;
(2) The notation of any changes in driver identification information; and
(3) The notation of any changes to the driver's driving record relating to the transfer of a commercial driver's license from one state to another.
(g) An initial or renewed commercial driver's license with a hazardous materials endorsement shall expire no later than five years from its date of issuance, except if the licensee is seventy-two years of age or older. The expiration date of a commercial driver's license with a hazardous materials endorsement shall be the same expiration date as the hazardous materials endorsement. If the licensee is seventy-two years of age or older, the initial or renewed commercial driver's license with a hazardous materials endorsement shall not exceed two years. All other initial commercial driver's licenses shall be valid for not less than [a] two- or six-year period, beginning on the driver's birthday. All other renewed licenses shall be valid for not more than [a] two- or six-year period from the expiration date of the previous valid license. With the exception of a commercial driver's license with a hazardous materials endorsement, the commercial driver's license shall expire on the next birthday of the licensee occurring six years after the date of issuance of the license unless sooner revoked, suspended, or canceled; provided that, unless sooner revoked, the license shall expire on the second birthday of the licensee following the issuance of the license if at that time the licensee is seventy-two years of age or older.
(h) When applying for renewal of a commercial driver's license, the applicant shall complete the application form required by section 286-238, providing updated information and required certifications. If the applicant desires to retain a hazardous materials endorsement, the knowledge test for a hazardous materials endorsement shall also be taken and passed by the applicant. The examiner of drivers shall complete a check of the applicant's driving record as required under subsection (e). [L 1989, c 320, pt of §2; am L 1990, c 342, §9; am L 1995, c 114, §3; am L 1998, c 93, §2; am L 2003, c 15, §1; am L 2004, c 103, §7; am L 2006, c 23, §1 and c 130, §5]