§ 27-23-108 — Commercial driver license qualification standards - Definitions

(a) Testing. (1) (A) To the extent permitted by federal law and regulation, a person may be issued a commercial driver license only if that person has: (i) Passed a knowledge and skills test for driving a commercial motor vehicle that: (a) Complies with minimum federal standards established by 49 C.F.R. § 383.79 if the person is a resident of another state and § 383.133, as in effect on January 1, 2013, and 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; or (b) Uses a state-to-state testing system pre-approved by the Federal Motor Carrier Safety Administration that meets the minimum requirements of the July 2010 version of the American Association of Motor Vehicle Administrators 2005 CDL Test System; and (ii) Satisfied all other requirements imposed by state or federal law or regulation. (B) (i) The tests shall be prescribed by the Division of Arkansas State Police and shall be conducted by the division or by a third-party tester designated by the division under regulations promulgated as provided in this section. (ii) The knowledge test administered by the division shall be given in electronic format. (iii) The result of a test administered by the division or by a third-party tester shall be transmitted electronically to the Department of Finance and Administration. (C) The Department of Finance and Administration shall set the length of time consistent with federal law that the commercial driver license is valid under this subdivision (a)(1). (2) The division shall, by rules, authorize a person, including an agency of this state, an employer, a private driver training facility, another private institution, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section pursuant to the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013. These third-party testing regulations shall provide at a minimum that: (A) A skills test given by a third-party tester is the same as a test that would otherwise be given by the division using: (i) The same version of the skills test; (ii) The same written instructions for test applicants; and (iii) The same scoring sheets as those prescribed in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; (B) A third-party skills test examiner shall meet the requirements of 49 C.F.R. § 384.228 , as in effect on January 1, 2013; (C) The third-party tester shall enter into an agreement with the division that demonstrates compliance with all of the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013; (D) The division shall designate and provide to any third-party testers the evidence to be used to indicate to the Department of Finance and Administration that an applicant had successfully passed the skills test; (E) The eligibility to become a third-party tester shall be open to qualified persons under the regulations at least two (2) times annually, provided there are sufficient numbers of qualified applicants to conduct classes; (F) The third-party tester shall pay a third-party testing administration fee as may be determined by the Director of the Division of Arkansas State Police to recover the costs of administering the testing program and examination distribution expenses; (G) The division shall issue each third-party skills test examiner a skills-testing certificate upon successful completion of a formal skills test examiner training course pursuant to 49 C.F.R. § 384.228 , as in effect on January 1, 2013; and (H) The division shall audit and monitor third-party testers and third-party skills test examiners pursuant to the requirements of 49 C.F.R. § 384.229 , as in effect on January 1, 2013. (3) (A) A third-party tester shall obtain and maintain a bond to pay for the retesting of drivers in the following amounts: (i) Two hundred thousand dollars ($200,000) for a third-party tester that conducted more than one thousand five hundred (1,500) tests in the preceding calendar year; (ii) One hundred thousand dollars ($100,000) for a third-party tester that conducted between one thousand (1,000) and one thousand five hundred (1,500) tests in the preceding calendar year; (iii) Fifty thousand dollars ($50,000) for a third-party tester that conducted between five hundred (500) and nine hundred ninety-nine (999) tests in the preceding calendar year; and (iv) Twenty-five thousand dollars ($25,000) for a third-party tester that conducted between one (1) and four hundred ninety-nine (499) tests in the preceding calendar year. (B) (i) A new third-party tester applicant shall certify to the division the number of tests it anticipates conducting in its first year of testing and shall obtain and maintain a bond based upon the number of tests it anticipates conducting that corresponds to the amount provided in subdivision (a)(3)(A) of this section for tests in the preceding calendar year. (ii) Following the new applicant's first year of testing, the third-party tester shall initiate and maintain a bond in an amount provided in subdivision (a)(3)(A) of this section based upon the actual number of tests conducted in the preceding year. (C) A governmental entity including without limitation a school district, public university, or college that is authorized to perform third-party testing is not required to initiate and maintain a bond as required by this section. (D) In the event that a third-party tester or one of its examiners is involved in fraudulent activities related to conducting skills testing that require a driver to be retested, the third-party tester's bond is liable to the division for payment of its actual costs to retest the driver. (b) Waiver of Skills Test. (1) The division may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R., § 383.77 , as in effect on January 1, 2013. (2) (A) As used in this subdivision (b)(2), "valid military commercial driver license" means any commercial driver license that is recognized by any active or reserve component of any branch or unit of the United States Armed Forces as currently being valid or as having been valid at the time of the applicant's separation or discharge from the military that occurred within the twelve-month period prior to the date of application to the Office of Driver Services for a commercial driver license. (B) The division shall waive the skills test specified in this section for any commercial driver license applicant who: (i) Possesses a valid military commercial driver license; (ii) Certifies that he or she has not had during the two-year period immediately prior to applying for a commercial driver license: (a) More than one (1) license except for a military license; (b) A license suspended, disqualified, revoked, or cancelled; (c) A conviction occurring in any type of motor vehicle for a disqualifying offense contained in § 27-23-112 or 49 C.F.R. § 383.51(b) , as in effect on January 1, 2013; (d) A conviction occurring in any type of motor vehicle for a serious traffic violation as defined under § 27-23-103 or 49 C.F.R. § 383.51(c) , as in effect on January 1, 2013; (e) A conviction for a violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident; or (f) A traffic accident in which the applicant was at fault; and (iii) Provides evidence and certifies that he or she: (a) Is regularly employed or was regularly employed within the last twelve (12) months in a military position requiring operation of a commercial motor vehicle; (b) Was exempted from the commercial driver license requirements of 49 C.F.R. § 383.3(c) , as in effect on January 1, 2013; and (c) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate for at least the two (2) years immediately preceding discharge from the military. (C) The division shall: (i) Indicate on the application for a commercial driver license the class of license and any endorsements for which the applicant has successfully completed the knowledge requirements; and (ii) Return the application for a commercial driver license, along with the military commercial driver license, to the Office of Driver Services for the issuance of the commercial driver license. (c) Limitations on Issuance of License. (1) A commercial driver license or commercial learner's permit may not be issued to a person: (A) While the person is subject to a disqualification from driving a commercial motor vehicle; (B) While the person's driver license is suspended, revoked, or canceled in any state; or (C) For one (1) year after the end of: (i) The disqualification under subdivision (c)(1)(A) of this section; or (ii) The suspension, revocation, or cancellation of the person's license under subdivision (c)(1)(B) of this section. (2) A commercial driver license shall not be issued to a person who has a commercial driver license or any other driver license issued by any other state unless the person first surrenders all such licenses, which shall be returned to the issuing state or states for cancellation. (d) Commercial Learner's Permit. (1) A commercial learner's permit may be issued by the Department of Finance and Administration pursuant to the requirements of 49 C.F.R. part 383, subpart E, as in effect on January 1, 2013, to an individual who: (A) Is domiciled in this state; (B) Holds a valid driver's license; (C) Has passed the knowledge tests and endorsement tests required by this section as applicable; and (D) Has met all other requirements of the Department of Finance and Administration. (2) (A) A commercial learner's permit is valid for a period of one hundred eighty (180) days from the date of issuance and may be renewed for an additional one hundred eighty (180) days. (B) If a commercial learner's permit holder has not been issued a commercial driver license while his or her commercial learner's permit is valid and the person wishes to obtain another commercial learner's permit, the person shall reapply for a commercial learner's permit and retake and pass the knowledge tests and endorsement tests, if applicable, as provided in this section. (3) A commercial learner's permit shall contain only the following endorsements, as restricted by 49 C.F.R. § 383.25 , as in effect on January 1, 2013: (A) "P" - passenger; (B) "S" - school bus; or (C) "N" - tank vehicle. (4) (A) A commercial learner's permit holder with a passenger ("P") endorsement shall have taken and passed the "P" endorsement knowledge test. (B) A commercial learner's permit holder with a "P" endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. (C) A "P" endorsement is class-specific. (5) (A) A commercial learner's permit holder with a school bus ("S") endorsement shall have taken and passed the "S" endorsement knowledge test. (B) A commercial learner's permit holder with an "S" endorsement is prohibited from operating a school bus with passengers other than federal and state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. (6) (A) A commercial learner's permit holder with a tank vehicle ("N") endorsement shall have taken and passed the "N" endorsement knowledge test. (B) A commercial learner's permit holder with an "N" endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue. (7) Other than the endorsements contained in subdivision (d)(3) of this section, no other endorsements may be contained on a commercial learner's permit. (e) Human Trafficking Prevention Training. (1) A person may be issued a Class A commercial driver license only if he or she: (A) Completes a human trafficking prevention course administered by the division or by a third party approved by the division to present a human trafficking prevention course under regulations promulgated as provided in this section; or (B) Becomes a Certified Trucker Against Trafficking by completing the online certification course offered by Truckers Against Trafficking and provides evidence of completion to the Department of Finance and Administration with his or her application for a commercial driver license under § 27-23-110 . (2) A person who currently holds a Class A commercial driver license is not required to comply with this subsection when applying for renewal of the commercial driver license as required by § 27-23-111(g) so long as he or she has completed the human trafficking prevention training required under subdivision (e)(1) of this section at least once.

Legislative History

Amended by Act 2019, No. 366,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6047, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6046, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6045, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6044, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6043, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6042, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6041, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6040, eff. 7/1/2019. Amended by Act 2017, No. 922,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 578,§ 6, eff. 5/18/2015. Amended by Act 2015, No. 578,§ 5, eff. 5/18/2015. Amended by Act 2015, No. 578,§ 4, eff. 5/18/2015. Amended by Act 2015, No. 578,§ 3, eff. 5/18/2015. Amended by Act 2013, No. 758,§ 13, eff. 7/8/2014. Acts 1989, No. 241, § 8; 1995, No. 654, § 1; 2003, No. 217,§ 2; 2003, No. 842, § 2; 2003 (2nd Ex. Sess.), No. 5, §§ 1, 2; 2005, No. 76, § 1; 2005, No. 879, § 5; 2005, No. 942, § 1; 2007, No. 584, § 1.