2012 Vermont Statutes
Title 23 Motor Vehicles
Chapter 39 COMMERCIAL DRIVER LICENSE ACT
§ 4108 Commercial driver license qualification standards

§ 4108. Commercial driver license qualification standards

(a) Before issuing a commercial driver license, the commissioner shall request the applicant's complete operating record from any state in which the applicant was previously licensed to operate any type of motor vehicle in the past 10 years and conduct a check of the applicant's operating record by querying the national driver register established under 49 U.S.C. § 30302 and the commercial driver's license information system established under 49 U.S.C. § 31309 to determine if:

(1) the applicant has already been issued a commercial driver license;

(2) the applicant's commercial driver license has been suspended, revoked, or canceled; or

(3) the applicant has been convicted of any offense listed in Section 205(a)(3) of the National Driver Register Act of 1982 (49 U.S.C. § 30304(a)(3)).

(b) The commissioner shall not issue a commercial driver license or commercial driver instruction permit to any person:

(1) under the age of 21 years except as otherwise provided.

(2) who, within three years of the license application and for initial applicants only, has been convicted of an offense listed in subsection 4116(a) of this title (or a comparable offense in any jurisdiction), or convicted of an offense listed in 49 U.S.C. § 30304(a)(3) in any jurisdiction.

(3) unless that person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, as amended, in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the commissioner.

(c) The commissioner may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided:

(1) the test is the same as would otherwise be administered by the state; and

(2) the third party has entered into an agreement with this state which complies with requirements of 49 C.F.R. part 383.75.

(d) A skills test may be waived as follows:

(1) the commissioner, by rules adopted pursuant to 3 V.S.A. chapter 25, may provide for a waiver of the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. part 383.77;

(2) the rules may establish deadlines by which applicants must claim entitlement and qualification to skills test waivers and may provide for the scheduling of group knowledge testing.

(e) A commercial driver instruction permit shall be issued as follows:

(1) a commercial driver instruction permit may be issued to an individual who holds a valid driver's license from any jurisdiction who has passed the vision and written tests required for the class of license authorizing the operation of the type of vehicle for which the permit application is being made;

(2) the commercial driver instruction permit shall be issued for a period of six months for a fee of $12.00. Only one renewal or reissuance may be granted within a two-year period. The holder of a commercial driver instruction permit may, unless otherwise disqualified, drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

(f) The fee for a knowledge test and accompanying skill test shall be $35.00 for the first test and $30.00 for each subsequent test. The fee for an endorsement test shall be $13.00. In the event that an applicant fails a test three times, he or she may not take the test again for at least six months. A fee of $20.00 shall be paid by the applicant before he or she may schedule a skill test. If an applicant does not appear for the scheduled skill test, the $20.00 scheduling fee is forfeited and another $20.00 scheduling fee must be paid before another skill test will be scheduled, unless the applicant has given the department at least 48 hours' notice of cancellation of the test. If the applicant passes the skill test, the $20.00 scheduling fee for that test will be used as part of the license fee. If the applicant appears for the scheduled skill test and fails the skill test, a subsequent skill test will be scheduled without an additional $20.00 fee.

(g) A commercial driver license, or commercial driver instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver license is suspended, revoked or cancelled in any state. A driver license may not be issued to a person who has a commercial driver license issued by any state unless the person first surrenders all driver licenses issued by any state, which licenses shall be returned to the issuing states for cancellation.

(h) A person shall be entitled to take the test for a commercial driver license unless his or her driver's license is, at the time of the requested test, suspended, revoked, cancelled or disqualified in any other state. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1991, No. 88, § 9; 1995, No. 47, § 15, eff. April 20, 1995; 1999, No. 110 (Adj. Sess.), § 8; 2003, No. 154 (Adj. Sess.), § 13, eff. June 8, 2004; 2009, No. 108 (Adj. Sess.), § 5, eff. July 1, 2011; 2011, No. 128 (Adj. Sess.), § 23.)