§ 20-37.13. Commercial drivers license qualification standards.
§ 20‑37.13. Commercialdrivers license qualification standards.
(a) No person shall beissued a commercial drivers license unless he:
(1) Is a resident ofthis State;
(2) Is 21 years of age;
(3) Has passed aknowledge test and a skills test for driving a commercial motor vehicle thatcomply with minimum federal standards established by federal regulationenumerated in 49 C.F.R., Part 383, Subparts F, G and H; and
(4) Has satisfied allother requirements of the Commercial Motor Vehicle Safety Act in addition toother requirements of this Chapter or federal regulation.
For the purpose of skillstesting and determining commercial drivers license classification, only themanufacturer's GVWR shall be used.
The tests shall be prescribedand conducted by the Division. Provided, a person who is at least 18 years ofage may be issued a commercial drivers license if he is exempt from, or notsubject to, the age requirements of the federal Motor Carrier SafetyRegulations contained in 49 C.F.R., Part 391, as adopted by the Division.
(b) The Division maypermit a person, including an agency of this or another state, an employer, aprivate driver training facility, or an agency of local government, toadminister the skills test specified by this section, provided:
(1) The test is the sameas that administered by the Division; and
(2) The third party hasentered into an agreement with the Division which complies with therequirements of 49 C.F.R. § 383.75. The Division may charge a fee to applicantsfor third‑party testing authority in order to investigate the applicants'qualifications and to monitor their program as required by federal law.
(c) Prior to October 1,1992, the Division may waive the skills test for applicants licensed at thetime they apply for a commercial drivers license if:
(1) For an applicationsubmitted by April 1, 1992, the applicant has not, and certifies that he hasnot, at any time during the two years immediately preceding the date ofapplication done any of the following and for an application submitted afterApril 1, 1992, the applicant has not, and certifies that he has not, at anytime during the two years preceding April 1, 1992:
a. Had more than onedrivers license, except during the 10‑day period beginning on the date heis issued a drivers license, or unless, prior to December 31, 1989, he wasrequired to have more than one license by a State law enacted prior to June 1,1986;
b. Had any driverslicense or driving privilege suspended, revoked, or cancelled;
c. Had any convictionsinvolving any kind of motor vehicle for the offenses listed in G.S. 20‑17or had any convictions for the offenses listed in G.S. 20‑17.4;
d. Been convicted of aviolation of State or local laws relating to motor vehicle traffic control,other than a parking violation, which violation arose in connection with anyreportable traffic accident; or
e. Refused to take achemical test when charged with an implied consent offense, as defined in G.S.20‑16.2; and
(2) The applicantcertifies, and provides satisfactory evidence, that he is regularly employed ina job requiring the operation of a commercial motor vehicle, and he either:
a. Has previously takenand successfully completed a skills test that was administered by a state witha classified licensing and testing system and the test was behind the wheel ina vehicle representative of the class and, if applicable, the type ofcommercial motor vehicle for which the applicant seeks to be licensed; or
b. Has operated for therelevant two‑year period under subpart (1)a. of this subsection, avehicle representative of the class and, if applicable, the type of commercialmotor vehicle for which the applicant seeks to be licensed.
(c1) The Division maywaive the skills test for applicants at the time they apply for a commercialdrivers license if the applicant meets all of the following:
(1) The applicant haspassed all required written knowledge exams.
(2) The applicant hasnot, and certifies that the applicant has not, at any time during the two yearsimmediately preceding the date of application done any of the following:
a. Had any driverslicense or driving privilege suspended, revoked, or cancelled;
b. Had any convictionsinvolving any kind of motor vehicle for the offenses listed in G.S. 20‑17or had any convictions for the offenses listed in G.S. 20‑17.4;
c. Been convicted of aviolation of State or local laws relating to motor vehicle traffic control,other than a parking violation, which violation arose in connection with anyreportable traffic accident; or
d. Refused to take achemical test when charged with an implied consent offense, as defined in G.S.20‑16.2.
(3) The applicantcertifies, and provides satisfactory evidence on the date of application, thatthe applicant is a member of an active or reserve component of a branch of theUnited States Armed Forces and is regularly employed in a job requiring theoperation of a commercial motor vehicle, and the applicant either:
a. Has previously takenand successfully completed a skills test that was administered by a state with aclassified licensing and testing system and the test was behind the wheel in avehicle representative of the class and, if applicable, the type of commercialmotor vehicle for which the applicant seeks to be licensed; or
b. Has operated for thetwo‑year period immediately preceding the date of application a vehiclerepresentative of the class and, if applicable, the type of commercial motorvehicle for which the applicant seeks to be licensed, and has taken andsuccessfully completed a skills test administered by the military.
(d) A commercialdrivers license or learner's permit shall not be issued to a person while he issubject to a disqualification from driving a commercial motor vehicle, or whilehis drivers license is suspended, revoked, or cancelled in any state; nor shalla commercial drivers license be issued unless the person who has applied forthe license first surrenders all other drivers licenses issued by the Divisionor by another state. If a person surrenders a drivers license issued by anotherstate, the Division must return the license to the issuing state forcancellation.
(e) A commercial driverlearner's permit may be issued to an individual who holds a regular Class Cdrivers license and has passed the knowledge test for the class and type ofcommercial motor vehicle the individual will be driving. The permit is validfor a period not to exceed six months and may be renewed or reissued only oncewithin a two‑year period. The fee for a commercial driver learner'spermit is the same as the fee set by G.S. 20‑7 for a regular learner'spermit. G.S. 20‑7(m) governs the issuance of a restricted instructionpermit for a prospective school bus driver.
(f) Notwithstandingsubsection (e) of this section, a commercial driver learner's permit with a Por S endorsement shall not be issued to any person who is required to registerunder Article 27A of Chapter 14 of the General Statutes. (1989, c. 771, s. 2; 1991,c. 726, s. 16; 1991 (Reg. Sess., 1992), c. 916, s. 1; 2005‑349, s. 8;2009‑274, s. 4; 2009‑491, s. 5; 2009‑494, s. 1.)