The Federal Motor Carrier Safety Administration will publish a final rule making changes to the exemptions that active duty military service members and recently-released veterans may use when applying for a commercial driver’s license. The changes take effect December 12, but states will not be required to enforce them until December 12, 2019.
These changes extend the military skills test waiver from 90 days to one year and allow active duty military drivers that are stationed outside their home state to test for a CDL despite their non-resident status, according to Boyd Stephenson, National Tank Truck Carriers senior vice-president, government affairs.
Military Skills Test Waiver: Presently, a military driver with proof of operating a vehicle that would require a CDL while in military service does not have to take the CDL skills test if they do so within 90 days of leaving the military. The final rule extends that period to one year from separation. All states are currently operating under a regulatory exemption that allowed them to extend the period from 90 days to one year, so this rule merely codifies current practice.
Out-Of-State Military CDL Testing: The final rule allows active duty military service members to take their CDL skills and knowledge tests in either their state of domicile or the state where they are stationed for duty. An active-duty service member can choose between the following options to acquire their CDL.
1. The service member may always choose to return to his state of domicile to take his CDL skills or knowledge tests.
2. The service member may also choose to declare domicile and residency in the state where he is stationed. Doing so allows the service member to gain a CDL in the state where stationed, but also transfers the service member’s residency. Such a change also transfers the service member’s tax liability, voting rights, and other state-based factors.
3. Under certain conditions, the service member may take his knowledge or skills test in the state where he is stationed while retaining state of domicile. These conditions fall under the following rules:
- Knowledge Test/Commercial Learner’s Permit: The final rule gives the state where the driver is stationed permission to administer the knowledge test, but does not require it to do so. Additionally, the service member’s home state of domicile has permission to accept an out of state knowledge test, but is not required to do so.
- Skills test/commercial driver’s license: The final rule gives the state where the driver is stationed permission to administer the skills test, but does not require it to do so. If the state where the driver is stationed chooses to administer the skills test to out of state-domiciled service members, the service member’s home state must accept the results of the skills test.