§ 14-44e — Limitations on issuance of commercial driver's license. Qualification standards. Waiver of skills test. Requirements for license endorsement to operate vehicle transporting hazardous materials. Commercial learner's permit.

Connecticut § 14-44e

• Jurisdiction: Connecticut
• Title 14: Motor Vehicles. Use of the Highway By Vehicles. Gasoline
• Ch. 246: Motor Vehicles

Text

(a)(1) The Commissioner of Motor Vehicles shall not issue a commercial driver's license to any person unless such person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR 383, Subparts G and H, as amended, and has satisfied all other requirements of this section and sections 14-44b, 14-44c, and 14-44g, in addition to other requirements for an operator's license imposed by the general statutes and regulations of the commissioner. (2) On and after February 7, 2022, the commissioner shall not (A) administer a commercial driver's license skills test to a person who is applying for or upgrading to a class A or class B commercial driver's license, or applying for a “P” or “S” endorsement, until the commissioner has verified with the Federal Motor Carrier Safety Administration that such person has undergone the entry level driver training required under 49 CFR Part 380, as amended from time to time, and (B) administer a commercial driver's license knowledge test to any person who is applying for a “H” endorsement until the commissioner has verified with the Federal Motor Carrier Safety Administration that such person has undergone the entry level driver training required under 49 CFR Part 380, as amended from time to time. The provisions of this subdivision shall not apply to any person who is exempt under 49 CFR Part 383, as amended from time to time. (b) The commissioner shall not issue a commercial driver's license or a commercial learner's permit to any applicant who does not meet the physical qualification standards set forth in 49 CFR 391, as amended from time to time. As required by 49 CFR 383.71(h), each applicant for a commercial driver's license or commercial learner's permit shall provide to the commissioner a copy of a medical examiner's certificate, prepared by a medical examiner, as defined in 49 CFR 390.5, indicating that such applicant is medically certified to operate a commercial motor vehicle. For each applicant who has submitted such medical certification and who has also certified, in accordance with 49 CFR 383.71(b) and subsection (c) of section 14-44c , that such applicant operates in nonexcepted interstate commerce, the commissioner shall post a medical certification status of “certified” on the Commercial Driver's License Information System driver record for such applicant. The holder of a commercial driver's license who has not been examined and certified as qualified to operate a commercial motor vehicle during the preceding twenty-four months, or a shorter period as indicated by the medical examiner submitting such certificate, shall be required to submit a new medical certificate. The commissioner shall not issue a commercial driver's license or commercial learner's permit to any applicant or holder who fails to submit the medical certification required by this section. If the holder of a commercial driver's license or commercial learner's permit fails to submit a new medical examiner's certificate before the expiration of twenty-four months or the period specified by the medical examiner, whichever is shorter, the commissioner shall, not later than sixty days after the date that such holder's medical status becomes uncertified: (1) Downgrade the commercial driver's license to a Class D operator's license; or (2) cancel the commercial learner's permit. Any applicant or holder who is denied a commercial driver's license or a commercial learner's permit, or whose license or permit is disqualified, suspended, revoked or cancelled pursuant to this subsection, shall be granted an opportunity for a hearing in accordance with the provisions of chapter 54. (c) The commissioner may waive the skills test required under subsection (a) of this section in the case of an applicant for a commercial driver's license who meets the requirements of 49 CFR 383.77, as amended or, in the case of an applicant for a school bus endorsement who meets the requirements of 49 CFR 383.123, as amended. (d) A commercial driver's license shall not be issued to any person subject to disqualification from driving a commercial motor vehicle or subject to suspension, revocation or cancellation of operating privileges in any state. Each applicant for an endorsement to drive a vehicle transporting hazardous materials shall be subject to the requirements of 49 USC 5103a, as administered by the United States Transportation Security Administration. The commissioner may refuse to issue a hazardous materials endorsement, or may suspend or revoke any such endorsement, held by any person who is the subject of a notification received from the Transportation Security Administration, in accordance with the provisions of 49 CFR 1572.5, as amended. (e) An operator's license shall not be issued to any person who holds an operator's license issued by any other state, unless such person first surrenders such license or licenses to the commissioner. The commissioner shall return every license surrendered hereunder to the issuing state for cancellation. (f) The commissioner may refuse to issue a commercial driver's license, or may issue a commercial driver's license subject to compliance with such condition as the commissioner may prescribe, to any person whose motor vehicle operator's license, privilege to operate a motor vehicle in this state or license endorsement is under suspension or is subject to any pending action by the commissioner that may result in suspension. (g) The commissioner may issue a commercial learner's permit to any person who holds a valid operator's license. Such permit may be issued for a period not exceeding one year. Any holder of a commercial learner's permit who has not obtained a commercial driver's license on or before the expiration date of such permit shall be required to retake the commercial driver's license knowledge test and any applicable endorsement knowledge tests. The holder of a commercial learner's permit may, unless otherwise disqualified or suspended, drive a commercial motor vehicle if such holder is accompanied by the holder of a commercial driver's license of the appropriate class and bearing endorsements for the type of vehicle being driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The commissioner shall not administer a commercial driver's license driving skills test to any holder of a commercial learner's permit unless such person has held such permit for a minimum period of fourteen days. (h) (1) The commissioner shall deny or disqualify for a period of sixty days a commercial learner's permit or commercial driver's license if it is determined that an applicant or holder has provided false information on any certification the applicant or holder is required to give relative to such permit or license application. (2) If an applicant or holder is suspected of fraud related to the issuance of a commercial learner's permit or commercial driver's license, such applicant or holder shall be required to schedule the commercial driver's license knowledge test and driving skills test not later than thirty days after notification by the commissioner of the suspected fraud. Failure to schedule both such tests or failure to pass both such tests shall result in disqualification of such permit or license and the applicant or holder shall be required to reapply for the permit or license. (3) Any applicant or holder convicted of fraud related to the issuance of a commercial learner's permit or commercial driver's license shall have such applicant's or holder's permit or license disqualified for one year from the date of conviction and shall be required to retake such tests.

Legislative History

(P.A. 90-263, S. 34, 74; P.A. 04-217, S. 8; P.A. 06-130, S. 18; P.A. 07-167, S. 9; P.A. 08-150, S. 7; P.A. 09-187, S. 67; P.A. 10-110, S. 50; P.A. 14-130, S. 10, 11; June Sp. Sess. P.A. 15-5, S. 202, 203; P.A. 19-119, S. 20; P.A. 21-106, S. 15; 44; P.A. 24-20, S. 18, 19.) History: P.A. 04-217 made technical changes in Subsec. (a), amended Subsec. (b) to make a technical change and afford person whose commercial driver's license has been cancelled an opportunity for hearing, amended Subsec. (c) to make a technical change and permit commissioner to waive skills test for applicant for school bus endorsement meeting specified requirements and amended Subsec. (d) to prohibit issuance of commercial driver's license to person subject to cancellation of operating privileges in any state and added provisions re endorsement to drive a vehicle transporting hazardous materials, effective January 1, 2005; P.A. 06-130 added new Subsec. (f) re commissioner's discretionary power to issue commercial driver's license to driver whose license or endorsement is under suspension or is subject to pending action that may result in suspension and redesignated existing Subsec. (f) as Subsec. (g), effective July 1, 2006; P.A. 07-167 amended Subsec. (b) by adding references to commercial driver's instruction permit and deleting provision re standards applicable when person will operate vehicle only in this state; P.A. 08-150 amended Subsec. (g) to insert “or suspended” and replace “with appropriate endorsements” with “of the appropriate class and bearing endorsements”; P.A. 09-187 made technical changes in Subsecs. (a) and (g) and amended Subsec. (g) to replace provision re commercial driver's instruction permit renewed or reissued only once within a 2-year period with provision re permit reissued or renewed for periods not exceeding 6 months until June 30, 2011, and only once within a 2-year period on and after July 1, 2011, effective July 8, 2009; P.A. 10-110 made a technical change in Subsec. (g); P.A. 14-130 added Subsec. (h) re applicant or holder providing false information on certification for commercial driver's instruction permit or license application, effective October 1, 2014, and amended Subsec. (g) to replace “six months” with “one hundred eighty days” in provisions re issuance and renewal, to add provision re permit holders to retake license and endorsement knowledge tests if after expiration date of permit, to add provision re administering skills test to person who has not held instruction permit for 14 days or more, and to make conforming changes, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (b) to delete provisions re person who has physical or psychobehavioral impairment and add provisions re medical certification as provided by federal law, and amended Subsec. (h) to designate existing provisions as Subdivs. (1) to (3), effective June 30, 2015; P.A. 19-119 amended Subsec. (b) to replace reference to 49 CFR 391.41 with reference to 49 CFR 391 and make technical changes, effective July 1, 2019; P.A. 21-106 amended Subsec. (a) to designate existing provision as Subdiv. (1) and add Subdiv. (2) re verification that applicant underwent certain entry level driver training, effective October 1, 2021, and amended Subsec. (g) to extend issue of commercial driver's instruction permit from 180 days to 1 year and to delete provision re reissue or renewal of such permit, effective July 1, 2021; P.A. 24-20 amended Subsecs. (b), (g) and (h) by replacing references to commercial driver's instruction permit with references to commercial learner's permit.