Section 383.77 - Substitute for knowledge and driving skills tests for drivers with military CMV experience(a)Knowledge test waivers for certain current or former military service members applying for a CLP or CDL- (1)In general. For current or former military service members, as defined in § 383.5 , who meet the conditions and limitations set forth in paragraph (a)(2) of this section, a State may waive the requirements in §§ 383.23(a)(1) and 383.25(a)(3) that a person must pass a knowledge test for a CLP or CDL.(2)Conditions and limitations. A current or former military service member applying for waiver of the knowledge test described in paragraph (a)(1) of this section must certify and provide evidence that, during the 1-year period immediately prior to the application, he/she: (i) Is or was regularly employed and designated as a:(A) Motor Transport Operator-88M (Army);(B) PATRIOT Launching Station Operator-14T (Army);(D) Vehicle Operator-2T1 (Air Force);(E) Fueler-2F0 (Air Force);(F) Pavement and Construction Equipment Operator-3E2 (Air Force);(G) Motor Vehicle Operator-3531 (Marine Corps); or(H) Equipment Operator-E.O. (Navy).(ii) Is operating a vehicle representative of the CMV type the driver applicant expects to operate upon separation from the military, or operated such a vehicle type immediately preceding separation from the military;(iii) Has not simultaneously held more than one civilian license (in addition to a military license);(iv) Has not had any license suspended, revoked, or cancelled;(v) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b) ;(vi) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c) ; and(vii) Has not had any conviction for a violation of military, State, or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he/she was at fault.(b)Driving skills test waivers for certain current or former military service members applying for a CDL- (1)In general. At the discretion of a State, the driving skills test required by § 383.23(a)(1) , and as specified in § 383.113 , may be waived for a CMV driver with military CMV experience who is currently licensed at the time of his/her application for a CDL and substituted with an applicant's driving record in combination with certain driving experience.(2)Conditions and limitations. The State shall impose conditions and limitations to restrict the applicants from whom a State may accept alternative requirements for the driving skills test described in § 383.113 . Such conditions must require at least the following: (i) An applicant must provide evidence and certify that he/she:(A) Is regularly employed or was regularly employed within the last year in a military position requiring operation of a CMV;(B) Was exempted from the CDL requirements in § 383.3(c) ; and(C) Was operating a vehicle representative of the CMV type the driver applicant operates or expects to operate, for at least the 2 years immediately preceding separation from the military.(ii) An applicant must certify that, during the 2-year period immediately prior to applying for a CDL, he/she: (A) Has not simultaneously held more than one civilian license (in addition to a military license);(B) Has not had any license suspended, revoked, or cancelled;(C) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b) ;(D) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c) ; and(E) Has not had any conviction for a violation of military, State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic crash, and has no record of a crash in which he/she was at fault.(c)Endorsement waivers for certain current or former military service members applying for a CLP or a CDL-(1)Passenger. For current or former military service members, as defined in § 383.5 , who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in § 383.25(a)(5)(i) , § 383.93(a) and (c)(2) that an applicant must pass a driving skills test and a specialized knowledge test, described in § 383.117 , for a passenger (P) endorsement.(2)Tank vehicle. For current or former military service members, as defined in § 383.5 , who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in §§ 383.25(a)(5) (iii) and 383.93(a) and (c)(3) that an applicant must pass a specialized knowledge test, described in § 383.119 , for a tank vehicle (N) endorsement.(3)Hazardous materials. For current or former military service members, as defined in § 383.5 , who meet the conditions and limitations set forth in paragraph (c)(4) of this section, a State may waive the requirements in § 383.93(a)(1) and (c)(4) that an applicant must pass a specialized knowledge test, described in § 383.121 , for a hazardous materials (H) endorsement. States must continue to meet the requirements for a hazardous materials endorsement in subpart I of this part.(4)Conditions and limitations. A current or former military service member applying for waiver of the driving skills test or the specialized knowledge test for a passenger carrier endorsement, the knowledge test for the tank vehicle endorsement, or the knowledge test for the hazardous materials endorsement, must certify and provide evidence that, during the 1-year period immediately prior to the application, he/she:(i) Is or was regularly employed in a military position requiring operation of a passenger CMV, if the applicant is requesting a waiver of the knowledge and driving skills test for a passenger endorsement; operation of a tank vehicle, if the applicant is requesting a waiver of the knowledge test for a tank vehicle endorsement; or transportation of hazardous materials, if the applicant is requesting a waiver of the knowledge test for a hazardous materials endorsement;(ii) Has not simultaneously held more than one civilian license (in addition to a military license);(iii) Has not had any license suspended, revoked, or cancelled;(iv) Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in § 383.51(b) ;(v) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in § 383.51(c) ; and(vi) Has not had any conviction for a violation of military, State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic crash, and has no record of a crash in which he/she was at fault.76 FR 26887, 5/9/2011; as amended at 81 FR 68347, 10/4/2016; 81 FR 70646, 12/12/2016; 83 FR 48975, 11/27/2018