§383.23 Commercial driver’s license.

Question 1: May a holder of a Commercial Motor Vehicle (CMV) learner’s permit continue to hold his/her basic driver’s license from any State without violating the single-license rule?

Guidance: Yes, since the learner’s permit is not a license.

Question 2: The requirements for States regarding Commercial Motor Vehicle (CMV) learners’ permits in §383.23 appear to be ambiguous. For example, if the CMV learner’s permit is ‘‘considered a valid CDL’’ for instructional purposes, is the State to enter the learner’s permit issuance as a Commercial Driver's License Information System (CDLIS) transaction?

Guidance: No such requirement currently exists.

Question 3: Is a CDL required for Commercial Motor Vehicle (CMV) operations that occur exclusively in places where the general public is never allowed to operate, such as airport taxiways or other areas restricted from the public?

Guidance: No. Federal Highway Administration (FHWA) regulations would not require a Commercial Motor Vehicle (CMV) driver to obtain a CDL under those circumstances. The Federal rules are minimum standards, however, and State law may require a CDL for operations not covered by part 383.

Question 4: The holder of a commercial learner’s permit (CLP) must be “accompanied by the holder of a valid commercial drivers license (CDL).” What is meant by “accompanied?”

Guidance: The holder of a valid CDL must be physically present in the front seat of the vehicle next to the CLP holder and have the CLP holder under observation and direct supervision. The CDL holder must have the proper CDL class and endorsement(s) necessary to operate the CMV.

Question 5: May a foreign driver with a temporary work visa obtain a commercial driver’s license (CDL) to operate a commercial motor vehicle in the United States?

Guidance: A foreign driver holding a temporary work visa may obtain a nonresident CDL if he or she is domiciled in a foreign jurisdiction that does not test drivers and issue commercial licenses under standards equivalent to those in subparts F, G, and H of part 383 (see Section 383.23(b)). However, drivers from Canada and Mexico with temporary work visas are not eligible for nonresident CDLs because FMCSA has determined that commercial licenses issued by Canadian provinces and territories, and the United Mexican States, are in accordance with the standards established by our rules. Therefore, all Mexican and Canadian drivers must have an appropriate license from their home country. Finally, a foreign driver who is in this country on a temporary work visa may not obtain a resident CDL since he or she is not “domiciled” in a U.S. State, as defined in Section 383.5 (“state of domicile”).