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West Virginia CDL Manual 2026

Section 1 of 13

Introduction

Complete Laws, Rules and Regulations of the West Virginia Division of Motor Vehicles and the American Association of Motor Vehicle Administrators (AAMVA) Rev. 11/2018

DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES PO Box 17010 5707 MacCorkle Avenue, SE Charleston, WV 25317

Commercial Driver’s License (CDL)

Rules and Regulations Manual

Before you call, please have your license plate number, driver’s license number, and/or your file number ready so that we can assist you as quickly as possible. For Vehicle Titles, License Plates, Driver’s License issues, or for General Information Call (304) 926‑3499 / (800) 642‑9066 | Hearing-Impaired ‑ (800) 742‑6991

Commercial Driver’s License ....................................................................(304) 926‑3801 Driver’s License........................................................................................(304) 926‑3801 Point System...........................................................................................(304) 926‑2505 Unpaid West Virginia Tickets....................................................................(304) 926‑0702 Unpaid Out-of-State Tickets.....................................................................(304) 926‑0702 Driving Records........................................................................................(304) 926‑3952 Compulsory Insurance.............................................................................(304) 926‑3802 Driving Under the Influence.....................................................................(304) 926‑2506 Driving Under the Influence “Interlock”....................................................(304) 926‑2507

Applications and study manuals are available at any designated examination center, DMV regional office, or on the web at dmv.wv.gov. A WV resident can apply for a commercial driver’s instruction permit, commercial driver’s license (CDL) at any DMV regional office. All DMV regional offices are open Monday-Friday 8:30 am - 5:00 pm; with the exceptions of the Kanawha City regional office, which is open Monday - Friday 8:00 am - 6:00 pm and Saturday from 8 am - 12 pm, and the Martinsburg regional office is also open on Saturday from 8:00 am - 12:00 pm, to include testing times.

Please check the DMV website at dmv.wv.gov or call 1-800-642-9066 for further information.

DMV REGIONAL OFFICE LOCATIONS

Beckley Lewisburg Princeton 107 Pinecrest Drive 148 Maplewood Avenue 198 Davis Street Beckley, WV 25801 Lewisburg, WV 24901 Princeton, WV 24740

Clarksburg Logan Romney 153 West Main Street 428 Main Street 22278 Northwestern Pike Clarksburg, WV 26301 Logan, WV 25601 Romney, WV 25757

Charles Town Martinsburg Spencer 24 Ruland Road 38 Severna Parkway 115 Church Street Kearneysville, WV 25430 Martinsburg, WV 25404 Spencer, WV 25276

Elkins Moorefield Summersville 1029 N Randolph Avenue 410 South Main Street 2 Armory Way Elkins, WV 26241 Moorefield, WV 26836 Summersville, WV 26651

Flatwoods Morgantown Weirton 295 Skidmore Lane 1525 Deckers Creek Blvd. Municipal Plaza, Suite 100 Sutton, WV 26601 Morgantown, WV 26505 Weirton, WV 26062

Franklin Moundsville Welch 100 Thorn Creek Road, Suite 300 400 Teletech Drive, Suite 100 92 McDowell Street Franklin, WV 26807 Moundsville, WV 26041 Welch, WV 24801

Huntington Parkersburg Williamson 801 Madison Avenue 601 Lubeck Avenue 225 E 3rd Avenue Huntington, WV 25701 Parkersburg, WV 26101 Williamson, WV 25661

Kanawha City Point Pleasant Winfield 5707 MacCorkle Avenue, South East 1408 Kanawha Street 116 Liberty Square Suite 400 Point Pleasant, WV 25550 Hurricane, WV 25526 Charleston, WV 25317

ADDITIONAL EXAMINATION LOCATION Fairmont Remote Testing Site WHERE TO APPLY FOR A COMMERCIAL DRIVER’S LICENSE

420 Marion Square, Suite 209 Fairmont, WV 26554 Definitions............................................................................................................................................................. Chapter I - Rules Governing Commercial Driver’s Licensing Who must have a WV Commercial Driver’s License................................................................. Who is Exempt?..................................................................................................................................... Who can be denied a commercial driver’s license?.................................................................. Applicant Record Check..................................................................................................................... Notification of License Issuance...................................................................................................... Drive for Five Program........................................................................................................................ Medical Documentation Requirements....................................................................................... Interstate or Intrastate Commerce.................................................................................................. Inter/Intrastate Commerce: Status Non-Excepted or Excepted?........................................ Interstate Commerce........................................................................................................................... Intrastate Commerce........................................................................................................................... Self-Certification Statements........................................................................................................... Driver’s License Advisory Board...................................................................................................... Age and Fitness Requirements........................................................................................................ Your Driving Record............................................................................................................................. Chapter II – Required Documents for All Applicants New Driver’s License and Identification Cards........................................................................... Acceptable Proof of Identity Documents..................................................................................... Acceptable Proof of Social Security Number Documents...................................................... Acceptable Proof of Legal Name Change Documents............................................................ Acceptable Proof of West Virginia Residency Documents..................................................... Chapter III – Commercial Driver’s Licenses and Procedures Commercial Driver’s License Types/Classes................................................................................ Class D License (Non-Commercial Motor Vehicles for Hire).................................................. Commercial Driver Learner’s Permit (CLP)................................................................................... Third Party Examiners......................................................................................................................... CDL Fee Chart........................................................................................................................................ Commercial Driver’s License Types, Endorsements, and Restrictions............................... A Valid DOT Physical is Required for Commercial Drivers...................................................... First Time CDL Applicants.................................................................................................................. Change Current Class of License (Upgrade)............................................................................... To Add an Endorsement (After you have been issued your CDL)....................................... ALL Hazardous Materials Endorsement Holders and Applicants........................................ “FOR FEDERAL IDENTIFICATION” (REAL ID) Card Requirements.......................................... “NOT FOR FEDERAL IDENTIFICATION” Card Requirements.................................................... Renewal of a WV CDL.......................................................................................................................... Out-of-State Transfers to WV............................................................................................................ Knowledge Test..................................................................................................................................... CDL Skills Test......................................................................................................................................... Expiration of CDL.................................................................................................................................. VI

X X XI XI XI XI XI XII XII XII XII XIII XIII XIII XIV XV XV XV XV XVI XVI

XVII XVII XVII XVIII XIX XIX XIX XXI XXI XXII XXII XXII XXIII XXIII XXIII XXIV XXIV XXIV

Chapter IV – Laws and Rules for CDL Drivers A Valid CDL is Required for Driving A CMV................................................................................. CMV Employment History Disclosure to Prospective Employers & Employer Responsibilities..................................................................................................................................... DMV Must Be Notified of Any Loss of Driving Privileges....................................................... Basic Speed Laws................................................................................................................................. Speed Limits........................................................................................................................................... Crash Reports/Tickets........................................................................................................................ Compulsory Motor Vehicle Liability Insurance......................................................................... Commercial Drivers are Prohibited from Operating with ANY Alcohol in System....... Implied Consent Law.......................................................................................................................... Point System.......................................................................................................................................... Driving in Other States....................................................................................................................... Failure to Comply with In-State Citations.................................................................................... Mandatory License Revocation....................................................................................................... Child Support Suspensions............................................................................................................... Driving While Revoked or Suspended.......................................................................................... Re-examination of Drivers................................................................................................................. Disqualification/Cancellation of a CDL........................................................................................ LIMITING THE USE OF WIRELESS COMMUNICATION DEVICES §383.5 & 49 CFR §390.5 definitions......................................................................................... 49 CFR §390.3 (F) General Applicability................................................................................... PART 391 - QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTIONS 49 CFR §391.2 General Exceptions............................................................................................ ADDENDUM | AVOIDING DROWSY DRIVING........................................................................................ XXV

XXV XXV XXV XXVI XXVI XXVI XXVII XXVII XXVII XXVIII XXVIII XXVIII XXVIII XXIX XXIX XXIX

XXXVII XXXVII

XXXVII XXXVIII Alcohol means: (a) Any substance containing any form of alcohol, including, but not limited to: ethanol, methanol, propenyl, and isopropanol; (b) Beer, ale, port, or stout, and other similar fermented beverages (including sake or similar products) of any name or description containing 1/2 of 1% (.5%) or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute for malt; (c) Distilled spirits or a substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced); or (d) Wine of not less than 1/2 of 1% (.5%) alcohol by volume.

Alcohol Concentration means: (a) The number of grams of alcohol per 100 milliliters of blood; (b) The number of grams of alcohol per 210 liters of breath; (c) The number of grams of alcohol per 67 milliliters of urine; or (d) The number of grams of alcohol per 86 milliliters of serum.

At Fault Traffic Accident means for the purposes of waiving the road test, a determination, by the official filing the accident report, of fault as evidenced by an indication of contributing circumstances in the accident report.

Commercial Driver’s License or CDL means a license or an instruction permit issued in accordance with the requirements of § 17E-1-1 et seq. to an individual which authorizes the individual to drive a class of commercial motor vehicle.

Commercial Driver’s License Information System is the information system established pursuant to the Federal Commercial Motor Vehicle Safety Act to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

Commercial Learner’s Permit or CLP is a permit to drive a commercial motor vehicle (CMV) pursuant to § 17E-1-9.

Commercial Motor Vehicle or CMVmeans a motor vehicle designed or used to transport passengers or property: (a) If the vehicle has a gross combination vehicle weight rating (GCWR)of 26,001 pounds or more inclusive of towed unit(s) with a gross vehicle weight rating (GVWR) of more than 10,000 pounds; (b) If the vehicle has a GVWR of more than 26,001 pounds or more; (c) If the vehicle is designed to transport sixteen or more passengers, including the driver; or (d) If the vehicle is of any size transporting hazardous materials as defined in §17E-1-3.

Commissioner means the Commissioner of Motor Vehicles of this state.

Controlled Substance means any substance classified under the provisions of chapter 60 A of this code (Uniform Controlled Substances Act) and includes all substances listed on Schedules I through V, inclusive of article two of said chapter 60 A, as revised. The term “controlled substance” also has the meaning such term has under 21 U.S.C. §802.6 and includes all substances listed on Schedules I through V of 21 C.F.R §1308 as they may be amended by the United States Department of Justice.

Conviction means: (a) An unvacated adjudication of guilt (b) A determination that a person has violated or failed to comply with the law in a court of original state or jurisdiction

Definitions

(Most Definitions are from WV State Code, §17E-1-3)

or by an authorized administrative tribunal or proceeding; (e) Violation of a condition of release without bail regardless of whether or not the penalty is rebated, suspended, or probated.

Division means the Division of Motor Vehicles or DMV.

Disqualification means any of the following three actions: (a) The suspension, revocation, or cancellation of a driver’s license by the state or jurisdiction of issuance; (b) Any withdrawal of a person’s privilege to drive a CMV by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control other than parking or vehicle weight except as to violations committed by a special permittee on the coal resource transportation system or vehicle defect violations; or (c) A determination by the Federal Motor Carrier Safety Administration (FMCSA) that a person is not qualified to operate a CMV under 49 C.F.R. Part §391 (2004).

Drive means to drive, operate, or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic, including the operation or physical control of a motor vehicle anywhere in this state.

Driver means any person who drives, operates or is physical control of a motor vehicle, in any place open to the general public for purposes of vehicle traffic or who is required to hold a commercial driver’s license.

Driver’s License means a license issued by a state or jurisdiction to an individual which authorizes the individual to drive a motor vehicle of a specific class.

Electronic Device includes, but is not limited to, a cellular telephone, personal digital assistant, pager or any other device used to input, write, send, receive, or read text.

Employee means any operator of a CMV, including: (a) Full time, regularly employed drivers; (b) Casual, intermittent, or occasional drivers; or (c) Leased drivers and independent, owner-operator contractors (while in the course of operating a CMV) who are either directly employed by or under lease to drive a CMV for an employer.

Employer means any person (including the United States), state, jurisdiction, or political subdivision of a state, who owns or leases a CMV or assigns a person to drive a CMV.

Endorsement means an authorization to a person to operate certain types of commercial motor vehicles.

Farm Vehicle includes a motor vehicle or combination vehicle registered to a farm owner or entity operating the farm and used exclusively in the transportation of agricultural or horticultural products, livestock, poultry and dairy products from the farm or orchard on which they are raised or produced to markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants and in the transportation of agricultural or horticultural supplies and machinery to the farms or orchards to be used on the farms or orchards.

Farmer includes an owner, tenant, lessee, occupant, or person in control of the premises used substantially for agricultural or horticultural pursuits who is at least 18 years of age with two (2) years licensed driving experience.

Farm Vehicle Driver means the person employed and designated by the “farmer” to drive a “farm vehicle” as long as driving is not his or her sole or principal function on the farm and who is at least eighteen years of age with two years licensed driving experience.

Felony means an offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (c) An unvacated forfeiture of bail or collateral deposited to secure the persons appearance in court (d) A plea of guilty or nolo contendere accepted by the court or the payment of a fine or court cost; or

(1) year.

VII Gross Vehicle Weight Rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle. In the absence of a value specified by the manufacturer, the GVWR will be determined by the total weight of the vehicle and load, if any.

Hazardous Materials (HAZMAT) means any material that has been designated as hazardous under 49 U.S.C. §5103 and is required to be placarded under Subpart F of 49 C.F.R. Part §172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. Part §73.

Imminent Hazard means existence of a condition that presents a substantial likelihood that death, serious illness, or severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.

Issuance of a License means the completion of a transaction signifying that the applicant has met all the requirements to qualify for, including, but not limited to: The initial issuance of a driver’s license, the renewal of a driver’s license, the issuance of a duplicate license as a replacement to a lost or stolen driver’s license, the transfer of any level of driving privileges including the privilege of operating a commercial motor vehicle from another state or jurisdiction, the changing of driver’s license class, restrictions or endorsements or the change of any other information pertaining to an applicant either appearing on the face of a driver’s license or within the driver record of the licensee maintained by the division.

Motor Vehicle means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

Non-Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles not defined by the term “commercial motor vehicle”.

Out-of-Service Ordermeans a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, county or local jurisdiction including any special agent of the Federal Motor Carrier Safety Administration that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 C.F.R. §§386.72, 392.5, 395.13, 396.9 or compatible laws or the North American uniform out-of-service criteria that an imminent hazard exists.

Violation of an Out-Of-Service order means: (a) The operation of a commercial motor vehicle during the period the driver was placed out-of-service; (b) The operation of a commercial motor vehicle by a driver after the vehicle was placed out-of-service and before the required repairs are made; or (c) The operation of any commercial vehicle by a motor carrier operation after the carrier has been placed out of service.

School Bus means a CMV used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school sponsored events. School bus does not include a bus used as common carrier.

Serious Traffic Violation means conviction for any of the following offenses when operating a commercial motor vehicle: (a) Excessive speeding involving any single offense for any speed of fifteen miles per hour or more above the posted limits; (b) Reckless driving as defined in section three, article five, chapter seventeen-c of this code and careless or negligent driving, including, but not limited to, the offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property; (c) Erratic or improper traffic lane changes including, but not limited to, passing a school bus when prohibited, improper lane changes and other passing violations; Gross Combination Weight Rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination, articulated vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the gross vehicle weight rating (GVWR) of the power unit and the total weight of the towed unit and load, if any.

(d) Following the vehicle ahead too closely; (e) Driving a commercial motor vehicle without obtaining a commercial driver’s license;

VIII (g) Driving a commercial motor vehicle without the proper class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported; (h) A violation of state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal traffic accident; or (i) Any other serious violations determined by the United States Secretary of Transportation. (j) Vehicle defects are excluded as serious traffic violations except as to violations committed by a special permittee on the coal resource transportation road system.

State means a state of the United States and the District of Columbia or a province or territory of Canada or a state or federal agency of the United Mexican States.

State of Domicile means the state where a person has his or her true, fixed and permanent home and principle residence and to which he or she has the intention of returning whenever absent in accordance with §17A-3-1a.

Suspension, Revocation, or Cancellation of a Driver’s License, or a CDL means the privilege to operate any type of motor vehicle on the roads and highways of this state is withdrawn.

Tank Vehicle means any CMV that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171 (1998). However, this definition does not include portable tanks having a rated capacity under 1,000 gallons.

Texting means manually entering alphanumeric text into or reading text from an electronic device. (a) This action includes, but is not limited to, short messaging service, e-mailing, instant messaging and a command or request to access a World Wide Web page or engaging in any other form of electronic text retrieval or entry for present or future communication. (b) Texting does not include: (i) Reading, selecting or entering a telephone number, an extension number or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call; (ii) Inputting, selecting or reading information on a global positioning system or navigation system; or (iii) Using a device capable of performing multiple functions including, but not limited to, fleet management systems, dispatching devices, smart phones, citizen band radios or music players for a purpose that is not otherwise prohibited by this section.

Transportation Security Administration (TSA) means the United States Department of Homeland Security Transportation Security Administration.

United States means the fifty states and the District of Columbia.

Valid or Certified Medical Certification Status means that an applicant or driver has a current medical evaluation or determination by a licensed physician that the applicant or driver meets the minimum federal motor carrier safety administration physical qualifications within the prescribed time frames pursuant 49 CFR Part §391. Not-certified means that an applicant or driver does not have a current medical evaluation or has not been certified by a licensed physician as meeting the minimum federal motor carrier safety administration physical qualifications pursuant 49 CFR Part §391.

Vehicle Group means a class or type of vehicle with certain operating characteristics. (f) Driving a commercial motor vehicle without a commercial driver’s license in the driver’s possession. However, any person who provides proof to the law-enforcement agency that issued the citation, by the date the person must appear in court or pay any fine for such violation, that the person held a valid commercial driver’s license on the date the citation was issued, shall not be guilty of this offense;

IX The driving privilege carries with it many responsibilities. You, and only you, are responsible for your actions. There are a number of areas that a CDL holder must be aware of in order to maintain the privilege to drive. CDL holders may not have any other type of driver’s license. Any West Virginia CDL holder who is convicted of a traffic offense (other than parking citations) in another state or jurisdiction must notify the West Virginia DMV within 30 days of the conviction. Who must have a West Virginia Commercial Driver’s License? If you live in West Virginia and want to drive a CMV on public roads, you must have a West Virginia CDL, unless you are expressly exempt. Who is exempt?

• A nonresident who is at least 21 years old and has a valid CDL from another state.
• A nonresident who is at least 21 years old and has a valid commercial driver learner’s permit from another state and is accompanied by a holder of a valid CDL.
• A bona fide farmer or farm vehicle driver operating a vehicle otherwise covered by CDL requirements may be exempt from holding a CDL if the vehicle is:

1) Driven by a farmer, or farm vehicle driver;
2) Used only to transport either agricultural products, farm machinery, or farm supplies to or from a farm;
3) Not used in the operation of a common or contract motor carrier; or
4) Used within 150 miles of a qualifying farm. * Farmers who wish to be exempted from CDL requirements must apply to the DMV for a certificate of exemption. An Application for Farm Vehicle/Driver Exemption (DMV-CDL-8), may obtained at any DMV regional office, or by calling (304) 926-3801, 1-800-642-9066, or from the DMV website at dmv.wv.gov/forms. This form must be certified by a representative of your local county tax office.

• Military personnel may, within six (6) months of their honorable discharge, apply for a CDL and request a waiver to the skills test portion. For more information regarding this waiver, please contact the CDL office at (304) 926-3801. Active duty military personnel operating vehicles being used for military purposes are exempt from the provision of this article in accordance with the provisions of §383.3 (c) C.F.R. (2006).
• Firefighters and rescue vehicle operators authorized to hold an authorized emergency vehicle permit for the use of red signal lights, are only exempt from CDL requirements while the authorized emergency vehicle permit is in force. Vehicles in this class include, but are not limited to, firefighting and rescue equipment owned and operated by:

1) A state, county, or municipal fire department;
2) A state, county, or municipal civil defense organization;
3) A manufacturer engaged in a type of business that requires firefighting equipment to protect the safety of their plants and employees; or
4) A volunteer fire department.

• Operators of off-road construction and mining equipment. Operators of equipment which, by its design, appearance and function, is not intended for use on a public road, including, without limitation, motor scrapers, backhoes, motor graders, compactors, excavators, tractors, trenches and bulldozers, are exempt from the provisions of this article: Provided, That the exemption recognized by this subsection shall not be construed to permit the operation of such equipment on any public road except such operation as may be required for a crossing of such road: Provided, however, That no such equipment may be operated on a public road for a distance exceeding five hundred feet from the place where such equipment entered upon the public road.

Chapter 1 |RULES GOVERNING COMMERCIAL DRIVER’S LICENSING

• Per the Federal Motor Carrier Safety Improvement Act of 1999 exempts vehicles used exclusively for personal use such as recreation vehicles and rental trucks used only to transport the driver’s personal or household property. X
• Any person who is a habitual user of alcoholic beverages or is addicted to the use of narcotic drugs;
• Any person whose license is under suspension, revocation, cancellation, expiration, disqualification or in violation of an out-of-service violation.
• Any person whom the Commissioner of Motor Vehicles has good cause to believe would be hazardous to public safety or welfare when operating a motor vehicle;
• Any person who is required to deposit proof of financial responsibility or proof of motor vehicle compulsory motor vehicle liability insurance, and who has not deposited such proof;
• Any person who is disqualified from operating a CMV in any state or jurisdiction, until the expiration of the disqualification period; or Applicant Record Check Before issuing a CDL or CLP, the Commissioner must obtain a driving record through the Commercial Driver’s License Information System (CDLIS), the National Driver Register (NDR), the Problem Driver Pointer System (PDPS), and from each state or jurisdiction in which the person has been licensed. In the event a driver is found to be under license suspension, revocation, disqualification, or cancellation at the time of the record check, DMV will not issue a driver’s license until the driver has been reinstated by that state or jurisdiction, CDLIS, PDPS and NDR. Notification of License Issuance Within ten days after issuing a CDL, the Commissioner shall notify CDLIS of that fact, providing all information required to ensure identification of the licensee. Drive for Five Program Under the “Drive for Five” Program, all driver’s licenses – including CDL’s – will expire on your birthday at an age divisible by five (5). For example, age 25, 30, 35, 40, 45, etc. Under this program your CDL will be valid for five (5) years, instead of four (4). However, before you begin the five (5) year cycle, we may need to phase you into the program. In order to do this, your initial license will be issued for a period ranging from three (3) to seven (7) years, depending on your age at the time of issuance. For instance, if you are or will be 34 in the year which your license expires, you will be issued a six (6) year license that will expire when you are 40. Please note that license fees have not increased. The fees may be more or less for this renewal period, depending on the number of years for which the license will be valid. DMV will mail you a renewal notice before your CDL expires. Be sure to have the correct address on file with the DMV, as USPS does not forward renewal notices. Medical Documentation Requirements Starting January 30, 2012 and no later than January 30, 2014, if you are applying for a CDL Permit; or are renewing, upgrading, adding endorsements to a CDL; or transferring a CDL from another state, you are required to provide information to your State Driver’s License Agency (SDLA) regarding the type of commercial motor vehicle operation you drive in or expect to drive in with your CDL. Drivers operating in certain types of commerce will be required to submit a current medical examiner’s certificate and/or any medical variance documents that you have been issued (i.e. Vision, Skills Performance or Diabetic waivers, or other exemptions) to your SDLA to obtain a “certified” medical status as part of your driving record. You must contact your State Driver Licensing Agency (SDLA) to obtain information regarding the requirement for submitting these documents. If you’re a West Virginia resident, your SDLA is the West Virginia Division of Motor Vehicles. If you are required to have a ”certified” medical status and fail to provide and keep up-to-date your medical examiner’s certificate you become ”not-certified” and may lose your CDL. Who can be denied a commercial driver’s license? For the purpose of complying with the new requirements for medical certification, it is important to know how you are using the CMV. The following information will help you decide how to self-certify: XI Do you, or will you, use a CDL to operate a CMV in interstate or intrastate commerce? Interstate commerce is when you drive a CMV:
• From one State to another State or to and from a foreign country;
• Between two places within a State, but during part of the trip, the CMV crosses into another State or foreign country; or
• Between two places within a State, but the cargo or passengers are part of a trip that began or will end in another State or foreign country. Intrastate commerce is when you drive a CMV within a State and you do not meet any of the descriptions above for interstate commerce. If operating in both intrastate commerce and interstate commerce, you must choose interstate commerce. Inter/Intrastate Commerce: Status Non-Excepted or Excepted? Once you decide whether you will operate in interstate commerce or intrastate commerce, you must decide whether you will operate (or expect to operate) in a non-excepted or excepted status. This decision will tell you to in which of the four types of commerce you must self-certify. Interstate Commerce: You operate in excepted interstate commerce when you drive a CMV in interstate commerce only for the following excepted activities:
• To transport school children and/or school staff between home and school;
• As Federal, State or local government employees;
• To transport human corpses or sick or injured persons;
• Fire truck or rescue vehicle drivers during emergencies and other related activities;
• Primarily in the transportation of propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding;
• In response to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture;
• In custom harvesting on a farm or to transport farm machinery and supplies used in the custom harvesting operation to and from a farm or to transport custom harvested crops to storage or to market;
• Beekeeper in the seasonal transportation of bees;
• Controlled and operated by a farmer, but is not a combination vehicle (power unit and towed unit), and is used to transport agricultural products, farm machinery or farm supplies (no placardable hazardous materials) to and from a farm and within 150 air-miles of the farm;
• As a private motor carrier of passengers for non-business purposes ; or
• To transport migrant workers. If you answered yes to one or more of the above activities as the only operation in which you drive, you operate in excepted interstate commerce and do not need a Federal medical examiner’s certificate. If you answered no to all of the above activities, you operate in non-excepted interstate commerce and are required to provide a current medical examiner’s certificate (49 CFR 391.45), commonly referred to as a medical certificate or DOT card, to your State Driver Licensing Agency (SDLA). Most CDL holders who drive CMVs in interstate commerce are non-excepted interstate commerce drivers. If you operate in both excepted interstate commerce and non-excepted interstate commerce, you must choose non-excepted interstate commerce to be qualified to operate in both types of interstate commerce. Interstate or Intrastate Commerce Intrastate Commerce: You operate in excepted Intrastate commerce when you drive a CMV only in intrastate commerce activities for which your State of licensure has determined do not require you to meet the State’s medical certification requirements. XII If you operate in both excepted intrastate commerce and non-excepted intrastate commerce, you must choose non-excepted intrastate commerce. Self-Certification Statements When completing an application for your CDL, you will be required to check the box next to the statement that describes your status. The actual statements on your application may vary from those shown below:
• Interstate non-excepted: I certify that I operate or expect to operate in interstate commerce, that I am subject to and meet the Federal DOT medical card requirements under 49 CFR part 391; and that I am required to obtain a medical examiner’s certificate.
• Interstate excepted: I certify that I operate or expect to operate in interstate commerce, but engage exclusively in transportation or operations excepted under 49 CFR §§390.3(f), 391.2, 391.68 or 398.3 from all or parts of the qualification requirements of 49 CFR part 391; and that I am not required to obtain a medical examiner’s certificate.
• Intrastate non-excepted: I certify that I operate or expect to operate entirely in intrastate commerce, that I am subject to and meet the medical requirements for my State; and that I am required to obtain a medical examiner’s certificate.
• Intrastate excepted: I certify that I operate or expect to operate entirely in intrastate commerce, that I am not subject to the medical requirements for my State; and that I am not required to obtain a medical examiner’s certificate. Driver’s License Advisory Board The Driver’s Licensing Advisory Board consist of five (5) members appointed by the Governor. One member of the Board is a a registered optometrist. The other four members are physicians licensed to pracitice medicine. Upon request, the Board advises the Commissioner of Motor Vehicles on medical and vision standards to help determine one’s fitness to safely operate a motor vehicle. Final licensing decisions are made by the Commissioner of Motor Vehicles. Age and Fitness Requirements You must be at least 18 years old and have at least two (2) years of licensed driving experience to qualify for a CDL or a CLP. Federal Motor Carrier Rules (49 C.F.R., Part 391.41) require that drivers subject to those rules meet specific physical qualification standards and carry evidence of such qualification in the form of a medical certificate. At the time of application for a CDL you must submit a copy of your valid DOT Long Form Physical and Medical Card or provide proof that you are not subject to the Federal Motor Carrier Safety Regulation (FMCSR) guidelines. Should you become subject to FMCSR guidelines at a later date and fail to obtain the proper medical certification, your license may be subject to cancellation. Also, a false statement on your application will subject your CDL to cancellation. Effective May 21, 2014 all new DOT Medical Examinations (DOT Medical Examination Report and DOT Medical Certificate), for all drivers who operate a CMV in NON-EXCEPTED INTERSTATE (NI) commerce are required to have a DOT physical completed by a certified medical examiner listed on the FMCSA’s national registry web site, located at: https:// nationalregistry.fmcsa.dot.gov. The FMCSA defines INTERSTATE COMMERCE as: trade, traffic, or transportation involving the CROSSING of a state boundary. Either the vehicle, its passengers, or cargo must cross a state boundary, or there must be intent to cross a state boundary, to be considered an interstate carrier. You operate in non-excepted intrastate commerce when you drive a CMV only in intrastate commerce and are required to meet your State of licensure’s medical certification. Non-compliant medical examinations completed for an INTERSTATE COMMERCE driver, by a medical examiner not listed on the national registry, can be accepted; however, their self-certification status must be changed to NON-EXCEPTED INTRASTATE (NA). XIII NOTE: All CDL holders are subject to FMCSR requirements (DOT medical) except for city, county, state, or federal employees. For this exemption you must provide current written verification of employment from a city, county, state, or federal government which states that your position requires a CDL along with the CDL application. NOTE: If you cannot be medically certified in accordance with the FMCSR, you may be eligible for a medical waiver. If you wish to be able to operate a CMV in all 50 states, you must apply and be granted a waiver from the FMCSA. Call (304) 347-5935 for further information. If you cannot meet the FMCSA physical qualifications, you must submit the following to determine if you are eligible for a WV Intrastate Medical Waiver: a CDL application, your DOT Medical Certificate, a letter from a physician stating the reason for the disqualification and their opinion as to whether the condition would interfere with the safe operation of a CMV. Send all documents in with the correct fee (see chart on page XIX. Once received, the Medical Review Team will then review and make a decision. Please call (304) 926-3801 or 1-800-642-9066 for additional information on obtaining a medical waiver. Your Driving Record Any person may request a copy of their own driving record online at dmv.wv.gov by clicking on “Online Services”, or at any DMV regional office. You must complete the form Request for Driving Record (DMV-101- PS-1) and provide your West Virginia driver’s license or identification card for proof of identification at the DMV regional office. All other requests must be sent to the address provided below. You may not obtain information about others without their signed written consent on the form Driving Record Release Authorization (DMV-101-PS-2). Each request form submitted must also include a copy of the requestor’s government-issued photo driver’s license or ID card. If you do not meet these requirements, your reason will be reviewed. If your request is accepted you will receive a driving record that excludes all personal information. To obtain an employee’s driving record, employers must complete the forms Request for Driving Record (DMV-101-PS-1) and Driving Record Release Authorization (DMV-101-PS-2)and submit them with the appropriate fee(s) to the address provided below. West Virginia Division of Motor Vehicles Insurance Section/Driving Records PO BOX 17020 Charleston, West Virginia 25317 Driving record request and written consent forms are available on the DMV website at dmv.wv.gov. You may also call 1-800-642-9066 or 1-304-926-3952 to have these forms mailed to you. If you drive only in INTRASTATE COMMERCE (trade, traffic, or transportation within a single state) who require a medical certification to operate a commercial vehicle, you may obtain their certification from ANY medical professional. You are not required to obtain their certification from a certified medical examiner on the national registry. XIV New Secure Driver’s Licenses and Identification Cards The new driver’s license and ID requirements are federally mandated by the REAL ID Act of 2005. Effective January 3, 2012, all individuals renewing or making changes to their current West Virginia driver’s license that wish to obtain a ”FOR Federal Identification” driver’s license or ID card are required to provide one (1) proof of their identity, one (1) proof of their Social Security number, and two (2) proofs of WV residency. While many of these documents were required to obtain an initial driver’s license prior to the implementation of REAL ID, the new REAL ID is a re-enrollment program wherein not only does the driver’s license applicant have to present all of the aforementioned documents, but they must also be scanned into the driver’s license system. This is a REAL ID Act requirement that the state must follow. Furthermore if the individual’s name has changed from what is listed on the identifying document, then they must provide all legal name change documents that support the name change. A link must be established between the current name, back to the name listed on identifying documents. ACCEPTABLE PROOF OF IDENTITY DOCUMENTS An original or certified copy of a U.S. issued birth certificate U.S. Department of State and U.S. Military birth certificates ARE acceptable, hospital birth certificates and Bureau of Census records are NOT acceptable U.S. Passport or Passport Card Must be valid and unexpired If foreign born, valid, unexpired Permanent Resident Card or acceptable alternatives as out lined below:
• Permanent Resident Card (Form I-551) issued by DHS (or INS)
• Certificate of Naturalization issued by DHS, Form N-550 or Form N-570
• Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS
• Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, or DS-1350 or FS-545 ACCEPTABLE PROOF OF SOCIAL SECURITY NUMBER Social Security card Must be in your current legal name Original Wage and Tax Statement (W-2) Or payroll stub with the applicant’s employer name and employer ID number, as well as the applicant’s name, address, and Social Security number (a photocopy of a W-2 is not acceptable) (You may use the same W-2 as one (1) proof of WV residency, provided it is not more than 18 months old) 1099 form - With applicant’s full Social Security number and legal name Paycheck stub - With applicant’s full Social Security number and legal name

Chapter II | REQUIRED DOCUMENTS FOR ALL APPLICANTS

Please make sure your Social Security records reflect your full legal name, as reflected on your other documents. DMV must be able to establish a name connection between documents, therefore your full legal name must match your name on file with the Social Security Administration (SSA). If an applicant is not eligible for a social security number, then the applicant must submit a denial letter from the SSA. The DMV checks every social security number with the SSA. If you have a problem with the SSA, such as name or date of birth does not match with records of the DMV and SSA, then you must have the problem corrected before you can be issued an instruction permit, license, or identification card. Your documents will be scanned and returned to you, which will provide DMV with a historical record, and provide you with additional protection, per the Federal Real ID Act of 2005. Please visit the SSA website for information about obtaining a Social Security number. XV ACCEPTABLE PROOF OF LEGAL NAME CHANGE DOCUMENTS Certified marriage certificate For each marriage if married more than once, also souvenir documents and Minister’s copies are not acceptable Original or certified copy of a birth certificate with amended legal name Court Order with legal name/name change Certified divorce decree(s) with legal name/name change If you are age 50 or over And have satisfied all other documentation requirements, hold a current WV driver’s license or ID card in the name being verified, and have gone through at least one (1) WV license renewal cycle, a signed statement may be submitted in lieu of the name change document such as the marriage certificate or divorce decree If an applicant is not eligible for a Social Security card, the applicant must provide a letter from the Social Security Administration stating they are not eligible or provide a written self-certification statement of ineligibility.

ACCEPTABLE PROOF OF WEST VIRGINIA RESIDENCY |

You will need two (2) documents from the lists below. Documents with a PO Box are not acceptable. Any recurring document cannot be more than 60 days old (ie utility bill). Married applicants may provide WV residency docu ments from LIST B or LIST C in their spouse’s name when accompanied with a Certified Marriage Certificate. |

WV utility bills Cannot be more than 60 days old, more than one bill from the same company, or a termination notice | College admissions letter That shows the applicant is an in-state resident

Tax records with a WV street address | 911 letter

WV mortgage documents, WV homeowner insurance documents for a WV residence, or proof of WV home ownership | Pay check stub From any WV employer that shows a current physical address (cannot be hand written)

WV Homestead Tax Exemption | Social Security benefits letter

WV Weapons Permit | WV professional license

Valid WV vehicle registration card | United States Selective Service card

WV Voter’s Registration card | WV Dealer temporary registration card

WV W-2 form (That is not more than 18 months old) (you may use the same W-2 as your proof of Social Security number) | Letter from the applicant’s employer Stating that all utility and house arrangements are provided by the employer

Proof of WV public assistance | WV hunting license

Residential rental or lease agreement | WV bank statement

WV DMV Affidavit of WV Residency | WV auto insurance card

Letter from the US Post Office That shows a new, physical, WV address assigned by the Post Office for the applicant | Letter from a: WV homeless shelter, hotel, senior citi zens home, rehabilitation center, nursing home, children’s home, orphanage, shelter, battered women’s shelter, or Job Corps, including the facility’s physical address, that explains that the applicant is a resident at their facility (letterhead is preferred, but not required)

License plate or Driver’s License Renewal form |

XVI An applicant for any WV driver’s license or ID card must be a resident of the state of West Virginia. The DMV will not process an applicant who does not have a West Virginia physical address. Acceptable documents for proofs of residency are listed on page XVI. Commercial Driver’s License Types/Classes

There are three types of CDLs: CLASS A, B, and C. The holder of a valid CDL may drive all vehicles for which their license is issued, all lesser classes of vehicles, and any CMV which requires an endorsement that appears on the their CDL. CLASS A –Combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR of the unit being towed is 10,001 pounds or greater. CLASS B – Single vehicles with a GVWR of 26,001 pounds or more and towing any such unit with a GVWR less than 10,001 pounds. CLASS C –Vehicles with a GVWR or a GCWR less than 26,001 pounds and designed to transport 16 or more passengers including the driver, or vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R.

Class D License (Non-Commercial Motor Vehicles for Hire) A CLASS D driver’s license shall be issued to persons at least 18 years old with at least one (1) year of licensed driving experience, whose primary function or employment is the transportation of persons or property for compensation or wages, who have paid the required fee.

If you operate motor vehicles of less than 10,001 lbs. GVWR (CLASS A registration), you are not required to obtain a CLASS D license.

You may obtain a CLASS D license at any DMV regional office by completing an Application for Commercial Driver’s License (CDL) and/or Endorsements (DMV-CDL-1) form and paying the appropriate fee.

Operators with a CLASS D license are required to obtain a DOT Medical Certificate when operating a vehicle of 10,001 pounds GVWR or more. Commercial Learner’s Permit (CLP) A commercial learner’s permit (CLP) may be issued to any person that holds a valid driver’s or CLASS D license, and has passed the vision and/or physical standards and knowledge tests required for issuance of a CDL. A CLP may only be issued to any person that is 18 years of age and has held a driver’s license for a minimum of two (2) years.

The CLP may not be issued for a period to exceed 180 days. Only one (1) renewal or re-issuance may be granted within a two (2) year period. In the event you have been issued two (2) CLPs, you must reapply and re-test on all parts of the knowledge test before the you may obtain an additional CLP.

The holder of a CLP may drive a commercial motor vehicle on a highway only when accompanied by a driver, age 21 or older who holds a CDL valid for the type of vehicle driven, who occupies a seat beside the individual for the purpose of giving instruction or testing.

A CLP will allow you to take the road skills test to obtain the CDL License.

Chapter III | COMMERCIAL DRIVER’S LICENSES AND PROCEDURES

The CDL Skills Test is given by contracted third-party examiners. You are responsible for contacting the third party examiner to schedule your road skills test. Below is a list of authorized third party examiner’s that offer the CDL skills test in WV. Examiner’s and their contact information are subject to change. For the most current list of third party examiners visit the DMV website at dmv.wv.gov/commercial.

XVII Third Party Examiners

County | Examiner | Contact Information | |

Berkeley | Janet Nesselerodt | | Cell (304) 279-5578 |

| Bill Shoop | Home (304) 813-8887 | |

Boone | Dennis Moles Jr. | Home (304) 205-4639 | Cell (304) 553-6114 |

| Bob Richard | Home (304) 372-5432 | Cell (304) 373-7220 |

Braxton | Dennis Moles Jr. | Home (304) 205-4639 | Cell (304) 553-6114 |

Cabell | Jeff Beverly | Cell (304) 932-6622 | |

| George Colgrove | Home (304) 945-9552 Cell (304) 633-2613 | |

| Gary Lusher | Cell (304) 654-5319 | |

| Bill Nance | Home (304) 576-2004 Cell (304) 638-2509 | |

Greenbrier | Matthew Curry | | Cell (304) 646-5305 | Work (304) 536-1472

| Steve McCoy | Home (304) 653-4503 | Cell (304) 651-4503 |

| Randall Thomas | Home (304) 497-3741 | Cell (304) 667-4704 |

Hampshire | Robert Pritts | | Cell (304) 790-3417 | Work (304) 289-2256

| Bill Shoop | Home (304) 813-8887 | |

Hancock | Roseanna Finney | | Cell (304) 650-0766 |

Hardy | Robert Pritts | | Cell (304) 790-3417 | Work (304) 289-2256

| Bill Shoop | Home (304) 813-8887 | |

Harrison | Anthony Columbo Jr. | | Cell (304) 677-8887 |

| Charles Crouse | Home (304) 457-4964 | Cell (304) 641-0961 |

| JD Haller | | Cell (304) 838-9016 | Work (304) 495-4750

| Ed Rollins Jr. | Home (304) 842-8984 | Cell (304) 669-2081 |

Jefefrson | Janet Nesselerodt | Cell (304) 279-5578 | |

Kanawha | Jeff Beverly | | Cell (304) 932-6622 |

| Bob Richard | Home (304) 372-5432 | Cell (304) 373-7220 |

| Dennis Moles Jr. | Home (304) 205-4639 | Cell (304) 553-6114 |

| Bill Nance | Home (304) 576-2004 | Cell (304) 638-2509 |

| Ryan Powers | | Cell (304) 205-3944 |

| Gerald Smith | Home (304) 345-2595 | Cell (304) 550-6346 | Work (304) 558-3019

Lewis | Anthony Columbo Jr. | Cell (304) 677-8887 | |

| JD Haller | Cell (304) 838-9016 Work (304) 495-4750 | |

Mason | Bill Nance | Home (304) 576-2004 | Cell (304) 638-2509 |

| Ryan Powers | | Cell (304) 205-3944 |

McDowell | Thomas Bell | Home (304) 436-6976 Cell (304) 888-1546 | |

Mercer | Jason Blevins | Home (304) 960-1655 | Cell (304) 673-7556 |

Mineral | Robert Pritts | Cell (304) 790-3417 Work (304) 289-2256 | |

Monongalia | Robert Pritts | | Cell (304) 790-3417 | Work (304) 289-2256

Morgan | Janet Nesselerodt | | Cell (304) 279-5578 |

| Bill Shoop | Home (304) 813-8887 | |

Nicholas | Fred Hart | | Cell (304) 640-1230 |

| Steve McCoy | Home (304) 653-4503 | Cell (304) 651-4503 |

| Dennis Moles Jr. | Home (304) 205-4639 | Cell (304) 553-6114 |

Ohio | Arthur Lightner | Home (304) 639-1866 | | Work (304) 671-8136

XVIII

County | Examiner | Contact Information | |

Preston | Anthony Columbo Jr. | | Cell (304) 677-8887 |

Raleigh | Joe Bowman | Home (304) 763-7776 | Cell (304) 237-8270 |

| Fred Hart | | Cell (304) 640-1230 |

| Dennis Moles Jr. | Home (304) 205-4639 | Cell (304) 553-6114 |

Randolph | Tim Myers | Home (304) 478-4420 | Cell (304) 642-4424 |

Upshur | Anthony Columbo Jr. | | Cell (304) 677-8887 |

| JD Haller | | Cell (304) 838-9016 | Work (304) 495-4750

| Tim Myers | Home (304) 478-4420 | Cell (304) 642-4424 |

Wood | Daniel Taylor | Home (304) 863-8806 | Cell (304) 494-2222 | Work (304) 420-4659

CDL Fee Chart Your fee is determined by your “calculated age”. To figure out your calculated age, subtract your birth year from the current year. For example: If the current year is 2019, and you were born in 1994, your calculated age would be 25 (2019 -1994 = 25). Therefore, your fee would be $43.75 for five (5) years (to carry you to age 30). If your birthday is on or after December 1st, your fee will be calculated using the next calendar year.

Commercial Driver’s License Types, Endorsements, and Restrictions The DMV is authorized to impose license restrictions to assure the safe operation of motor vehicles. DMV may issue you a restricted license or may indicate restrictions on the form Application for Commercial Driver’s License (CDL) and/or Endorsements (DMV-CDL-1). Operating a motor vehicle in violation of restrictions is a serious offense and could result in the suspension or revocation of your driving privileges.

A Valid DOT Physical is Required for Commercial Drivers A licensee who lists their self-certification status as a Non-Excepted shall maintain a current FMCSA Medical Examiners Certificate (DOT Medical card) on file with DMV. Any certificate more than two (2) years old is not current. Any certificate that is valid less than 30 days cannot be accepted and the licensee will be required to obtain a new certificate. A licensee with a CLASS D driver’s license who operates a CMV over 10,000 pounds but less than 26,001 pounds is required to comply with requirements related to submitting and maintaining a current FMCSA Medical Examiners Certificate. Applicants who list their Self-Certification status as “Excepted” are not required to meet the FMCSA requirements.

Last Digit of Calculated Age | License Will Be Valid For | The Fee Will Be

1 or 6 | 4 years | $35.00

2 or 7 | 3 years | $26.25

3 or 8 | 7 years | $61.25

4 or 9 | 6 years | $52.50

5 or 0 | 5 years | $43.75

UNDER 21 YEARS FEE CHART |

Under 21 Age in Current Year | The Fee Will Be

18 | $26.25

19 | $17.50

20 | $8.75

XIX

Endorsements Fees | |

F | Motorcycle | $5.00

H | Hazardous Materials Requires TSA fingerprint and background check prior to testing | $10.00

N | Tank Vehicles | $10.00

P | Passengers Requires skills test | $10.00

T | Doubles/Triples - Trailers | $10.00

S | School Bus Requires skills test | $10.00

X | Hazardous Materials and Tank Requires TSA fingerprint and background check prior to testing | $20.00

Restrictions |

E | Restricts driver to NO manual transmission equipped CMVs

K | *Intrastate driving - driving in WV Only The “K” restriction is used when a driver is under age 21 or is required to possess a CDL Intrastate Medical Waiver. Refer to page XIII for information on the Medical Waiver Program or if their medical certification was completed by an examiner not on the National Registry.

L | Restricts the driver to vehicles not equipped with air brakes

M | Restricts the driver to class B or C buses only

N | Restricts driver to buses 26,000 pounds and under (Class C buses)

O | Restricts driver to NO tractor-trailer CMVs

P | No passengers in CMV bus

V | Driver qualified with medical variance

X | No cargo in CMV tank vehicle

Z | Restricts driver to NO full air brake equipped CMVs

Commercial Driver’s License Classifications |

A | Combination of vehicles with a gross combined weight rating (GCWR) of 26,001 pounds or more, provided the gross vehicle weight rating (GVWR) of the unit being towed is 10,001 pounds or greater.

B | Single vehicles with a GVWR of 26,001 pounds or more and towing any such unit with a GVWR less than 10,001 pounds.

C | Vehicles with a GVWR or a GCWR less than 26,001 pounds and designed to transport 16 or more passengers including the driver, or vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R.

D | Non-Commercial vehicles for hire

1) Complete the form Application for Commercial Driver’s License (CDL) and/or Endorsements (DMV-CDL-1).
2) Submit a copy of your current DOT Medical Examination Report (long form) and Medical Card, or you must provide written verification of employment with a city, county, state, or federal government and have Self-Certified that you operate in an “Excepted” status.
3) Submit proof of U.S. Citizenship or lawful permanent residency and proof of Social Security number.
4) Submit payment for the application fees and any endorsement fee(s) at the time of the application, plus a $7.50 duplicate license fees to: DMV CDL Division PO Box 17010 Charleston, WV 25317

Typical DMV Transaction Fees | | |

One Endorsement (Includes duplicate fee) | $17.50 | Transfer | $5.00

Two Endorsements (Includes duplicate fee) | $27.50 | Duplicate | $7.50

Three Endorsements (Includes duplicate fee) | $37.50 | Knowledge Test For three (3) attempts and Includes general knowledge, air brakes and combination (includes duplicate fee) | $32.50

Four Endorsements (Includes duplicate fee) | $47.50 | |

Upon receipt of the application and fees, DMV will mail a letter to you that indicates DMV regional office locations and residency requirements. Once all tests are successfully completed, a CLP may be issued. The permit will be valid for a period of 180 days and can be renewed one (1) time only, within two (2) years of the initial issuance. Applicant’s must hold a CLP for a minimum of 14 days before they are eligible to take the road skills test. When you are ready to take the road skills test, you must contact a Third Party Examiner (see list beginning on page XIX) to schedule an appointment. Most skills tests are given on weekends and evenings. The cost of the skills test is $100.00, which must be paid to the Third Party Examiner at the time of the test. A $50.00NO SHOW fee will be charged to an applicant who schedules a test and does not appear.

All applicants must provide the vehicle in which the test will be taken, furthermore the vehicle must be representative of the class of license for which the applicant is testing. Upon successful completion of the road skills test, you must submit the test results, current license, CLP, DOT Medical Card, and one (1) proof of a WV residency (as shown on page XVI) to a designated exam center or a DMV regional office. At that time, you may be issued a CDL.

Change Current Class of License (Upgrade) Complete the form Application for Commercial Driver’s License (CDL) and/or Endorsements (DMV-CDL-1). Indicate in the transaction area that you are applying for a license update The fee for updating your license is $32.50 if a knowledge test is required, or $7.50 if no knowledge tests are required. If a knowledge test is required, a CDL test card will be mailed to you. If no testing is required, a letter of approval for the issuance of a CLP will be sent to you. A skills test is required to upgrade from one (1) class to another and/or to remove an air brake restriction. First Time CDL Applicants

XXI

1) Complete the form Application for Commercial Driver’s License (CDL) and/or Endorsements (DMV-CDL-1), both front and back.
2) Submit the application, your DOT Medical Certificate, and the required fees.
3) For a hazardous materials endorsement, see the following page. ALL Hazardous Materials Endorsement (HAZMAT) Holders and Applicants To apply for or retain an existing HAZMAT endorsement when upgrading or renewing your CDL, you must first complete a fingerprint and background check, from the Transportation Security Administration. You should contact the Universal Enrollment Services (UES) Help Desk at 1-855-347-8371, or visit their website at https://universalenroll.dhs.gov to pay the $86.50 fee to start the fingerprint and background check process. All fees are non-refundable. After contacting UES, you must call one of the fingerprinting locations listed on the website to schedule an appointment. When visiting the UES office you must provide proof of identity and citizenship. Visit the UES website for a complete list of acceptable documents. Once you have received your approval letter in the mail from UES stating you have passed the background check, take it to the nearest DMV Regional Office to test for a HAZMAT endorsement and renew your CDL. A HAZMAT endorsement holder renewing their CDL will receive three (3) attempts to test and pass the HAZMAT endorsement on a valid non-expired license. If your CDL license is expired, then you must obtain a HAZMAT test card from the CDL office in Charleston before you can test for HAZMAT. “FOR FEDERAL IDENTIFICATION” (REAL ID) Card Requirements If you have not visited a DMV office since January 3, 2012, for any type of license transaction and have not presented all the required documents for proof of identity, Social Security number, and WV residency. You must bring the following documents to renew your CDL:
1) Your current WV CDL
2) One (1) proof of identity document
3) One (1) proof of your Social Security number document
4) Two (2) proofs of WV residency documents
5) If there has been a name change from what is listed on your identifying document, then legal name change documents supporting the legal name change must be provided
6) Your valid DOT Medical Certificate if you drive in a Non-Excepted Status. Individuals who self-certify their status as Excepted are exempt from having to meet federal medical requirements.
7) Your UES approval letter if you wish to obtain a HAZMAT endorsement If you have visited the DMV since January 3, 2012, for any type of driver’s license transaction and have presented all the required documents for your proof of identity, Social Security number, and WV residency, you must bring the following documents:
1) Your current WV CDL
2) One (1) proof of WV residency document unless you have had a change of address, in which case you will need to provide two (2) proofs of WV residency
3) If your name has changed since last issuance, any change of legal name requires proof of legal name change document(s)
4) Your valid DOT Medical Certificate if you drive in a Non-Excepted Status. Individuals who self-certify their status as Excepted are exempt from having to meet federal medial requirements. To Add an Endorsement (After you have been issued your CDL)
5) Your UES approval letter if you wish to obtain a HAZMAT endorsement XXII If you wish to obtain a Not For Federal Identification license, you must bring the following documents:
1) Your current WV CDL
2) One (1) proof of WV residency
3) If your name has changed since your last issuance, any change of legal name requires proof of legal name change document(s).
4) Your valid DOT Medical Certificate if you drive in a Non-Excepted Status. Individuals who self-certify their status as Excepted are exempt from having to meet federal medical requirements.
5) Your UES approval letter if you wish to obtain a HAZMAT endorsement If you did not receive a renewal notice in the mail, you must complete an Application for Commercial Driver’s License (CDL) and/or Endorsements (DMV-CDL-1) at a DMV regional office. There is an additional fee of $5.00 for an expired CDL. Renewal of a WV CDL Once you have received your renewal notice from the DMV, you should visit a DMV regional office to start the renewal process. You have the choice between a “NOT FOR FEDERAL IDENTIFICATION” CDL, or a “FOR FEDERAL IDENTIFICATION” card that contains a gold star, indicating that the card meets full federal requirements for future use at airports and other designated federal facilities and/or uses nationwide. Only one state-issued driver’s license or ID card per person may be designated “FOR FEDERAL IDENTIFICATION”. If you choose this type of card you will receive a temporary CDL for use until your permanent CDL arrives in approximately 10 -15 business days through USPS. Out-of-State Transfers to WV To drive a commercial vehicle in West Virginia, you must apply to transfer your CDL within 30 days of establishing residence. The DMV will obtain driving information through the CDLIS, NDR, PDPS, and from each state in which you have been licensed to drive. In some cases, the required records check may take up to 48 hours to complete. Until the records check is completed, your CDL will not be transferred. You must surrender your out-of-state CDL in order to obtain a WV CDL. To obtain a HAZMAT endorsement on your WV CDL, see the instructions for All Hazardous Materials Endorsement Holders and Applicants on page XXI. You must bring the following documents to be issued a WV CDL:
1) One (1) proof of identity document
2) One (1) proof of your Social Security number document
3) Two (2) proofs of WV residency documents
4) If there has been a name change from what is listed on your identifying document, then legal name change documents supporting the legal name change must be provided
5) Your valid DOT Medial Examiners Report and Medical Certificate if you drive in a Non-Excepted Status. Individuals who self-certify their status as Excepted are exempt from having to meet federal medical requirements.
6) Your out-of-state license or certified driving record
7) Your UES approval letter if you wish to obtain a HAZMAT endorsement “NOT FOR FEDERAL IDENTIFICATION” Card Requirements XXIII The knowledge test must be taken and passed, with at least an 80% score. Endorsement tests can be taken at the same time or at a later time. Please note: Only Passenger, School Bus or Tank endorsements can be added to a CLP. All other endorsements can only be added on a full CDL.If you fail any portion of the knowledge exam, you must wait seven (7) days before you may retest. You may test three (3) times per each $32.50 fee paid. No oral tests can be given on hazardous materials testing. CDL Skills Test The CDL skills tests are administered by the certified third party examiners as listed on page XVIII. The road skills test will not be given until you have passed all other parts of the examination and have, in your possession, a valid driver’s license and a valid CLP for the type of vehicle for which you are testing. You must have held the CLP a minimum of 14 days before you are eligible to take the skills test. Each section of the skills test must be passed. Note: The state does not supply CMVs for road skills testing. A $100.00 fee must be paid to the third party examiner at the time of the CDL skills test. A $50.00 NO SHOW fee will be charged to an applicant who schedules a test and does not appear. The examiner cannot administer the skills test unless your CMV is in safe condition and is legally equipped. The CMV must first be checked to make sure it complies with registration, vehicle inspection, and equipment laws. The CLP holder/applicant must appear at the test location with a CDL driver who is properly endorsed to operate the tested vehicle. Expiration of CDL
1) If your CDL was issued to you on or after your 21st birthday, your CDL expires on your birthday, in the years in which your age is evenly divisible by five (5). Your CDL must be renewed by the end of the month in which your birthday falls and is valid for a period of five (5) years from the date of your birthday.
2) If your CDL was issued to your before your 21st birthday, it will expire on your birthday in the year in which you reach 21 years of age.
3) If you hold a CDL, and are in the armed forces on active duty, your CDL will remain valid for 30 days from the date on which you reestablish residency in West Virginia.
4) If your CDL is more than six (6) months expired, you must pass the knowledge and road skills tests for both a CLASS E driver’s license and a CDL before you can obtain a valid CDL. No CDL may be issued for less than three (3) years nor more than eight (8) years. Knowledge Test XXIV A Valid CDL is Required for Driving a CMV Be sure you have your CDL with you when you drive. You are required to display your CDL upon demand to any law enforcement officer, magistrate, or official of the DMV. Violation of this requirement is a misdemeanor; however, you will not be convicted if your CDL is valid at the time of arrest and you can produce it in court or in the office of the arresting officer. No person may drive a CMV if their CDL is under disqualification, suspension, revocation, cancellation, or expiration, or who is subject to an out-of-service order. The Commissioner of Motor Vehicles shall disqualify, for a period of 60 days, the driving privileges of any person who is convicted of operating a CMV without holding a valid CDL and the required applicable endorsements for the CMV they are driving. Any person not holding a CDL who is convicted of an offense that requires disqualification from operating a CMV shall also be disqualified from eligibility for a CDL for the same time periods as prescribed in federal law or rule, or Chapter §17E-1-7 of the West Virginia Motor Vehicle Code. CMV Employment History Disclosure to Prospective Employers & Employer Responsibilities If you are applying for employment as a CMV driver, you must provide your prospective employer, at the time of application, with the following information for the ten years proceeding the date of your application:
1) All names and addresses of your previous employers for which you were a driver of a CMV;
2) The dates between which you drove for each employer; and
3) Your reason for leaving each employer. You must certify that all information furnished is true and complete. An employer may require that you provide additional information. No employer may knowingly allow, permit, or authorize a driver to operate a CMV during any period in which the driver:
1) Has a driver’s license suspended, revoked or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state or has been disqualified from driving a commercial motor vehicle;
2) Has more than one driver’s license at one time;
3) Is driving a commercial motor vehicle or the motor carrier operation is subject to an out-of-service order;
4) Is in violation of federal, state or local law or regulation pertaining to railroad highway grade crossings;
5) Is in violation of any provision of 49 C.F.R., Part § 382 related to controlled substances and alcohol use and testing; or
6) Is texting. DMV Must Be Notified of Any Loss of Driving Privileges Any CDL holder who loses the privilege to drive or is disqualified from driving a CMV for any period of time by any state or jurisdiction including, suspension, revocation, cancellation, or expiration must notify their employer before the end of the business day following the day that they received notice. Basic Speed Laws When you exceed the speed limit, you endanger the lives of others as well as your own. Observe speed limits and adjust your speed to driving conditions.

Chapter IV | LAWS AND RULES FOR CDL DRIVERS

XXV

• Approaching and crossing an intersection;
• Approaching and going around a curve;
• Approaching the top of a hill;
• Traveling on a narrow road; or
• Anywhere traffic, weather, roadway hazards, or other conditions limit visibility or stopping distance. Speed Limits Your speed helps determine how much time you have to react to any traffic situation. The higher the speed, the less time you have to spot hazards, judge the speed of other vehicles, and act to avoid personal mistakes, as well as those of other drivers. The interstate speed limit in West Virginia is 70 mph for all vehicles unless otherwise posted. There are designated speeds set by law for highways and certain areas such as school zones, business, and residential districts. Designated speeds, unless otherwise posted are:

Location | Max Speed

Interstate | 70 mph

Open Highway | 55 mph

Business or Residential Area | 25 mph

School Zone (while children are present) | 15 mph

Authorized emergency vehicles may exceed the posted speed limits when on duty with their emergency signal equipment operating, as long as other road users are not endangered.

Crash Report/Tickets

If you are involved in a crash resulting in death or bodily injury, or apparent property damage of $500 or more, the investigating officer is required to complete a crash report. If you are issued a ticket for no compulsory motor vehicle liability insurance, the court is required to send a copy of the ticket to the DMV. If, after reviewing the report or ticket, the Commissioner of Motor Vehicles determines the vehicle was not covered by compulsory motor vehicle liability insurance, the law requires suspension of both the driver’s and owners’ driving privileges and revocation of the vehicle registration plate. The suspension period for a first offense is 30 days and 90 days for all subsequent offenses. A vehicle registration plate is revoked until proof of current compulsory motor vehicle liability insurance coverage and all required reinstatement fees are provided. Compulsory Motor Vehicle Liability Insurance West Virginia law mandates that all motorists driving on the State’s public roads must carry compulsory motor vehicle liability insurance. The minimum amount of coverage, as provided by law, is $25,000 for one (1) death or injury, $50,000 for two (2) deaths or injuries, and $25,000 for property damage. This proof of financial responsibility applies to any policy issued or renewed on or after January 1, 2016. To insure your safety and the safety of others, you should slow down when you are faced with these driving situations:

When you obtain or renew your vehicle registration, you must sign a statement under penalty of false swearing, that you have compulsory motor vehicle liability insurance on your vehicle and will maintain this insurance for the full registration year. Upon cancellation of a vehicle’s compulsory motor vehicle liability insurance, you are required to surrender its registration plate. False statements concerning insurance coverage will result in a 90 day suspension of your driver’s license and suspension of your vehicle registration plates until proof of current compulsory motor vehicle liability insurance is provided and reinstatement fees are paid.

XXVI A) Notwithstanding any other provision of law, no person may drive, operate, or be in physical control of a CMV while having any measurable alcohol in their system. B) A person who drives, operates, or is in physical control of a motor vehicle while having any measurable alcohol in their system, or who refuses to take a preliminary breath test to determine their alcohol content must be placed out-of-service for 24 hours.

Implied Consent Law

Any person who accepts the privilege of driving in West Virginia shall be deemed to have given their consent to take the designated test to determine the alcohol content in their body. If they refuse to take a chemical test, their privilege of operating a motor vehicle will be suspended for a period of at least one (1) year, and up to life. Many people mistakenly assume the Implied Consent Law means they will be fined, or go to jail if they are stopped and have alcohol on their breath. On the contrary, the law was designed to protect the driver who has not been drinking since the blood alcohol test will provide a medically accepted measure of alcohol concentration. The Implied Consent Law protects the public from drivers who are intoxicated but, when arrested, refuse to be tested for alcohol. Point System The DMV has a point system to identify and control problem drivers. DMV maintains a continuing record of your driving conduct from the date of your first conviction for a moving violation.

Your record will show the date and nature of the violation, court codes, and points assessed. Points are assessed for traffic violations depending on the seriousness of the violation. Repeated convictions may lead to suspension of your driving privilege.

Upon reaching twelve or more points, your driving privileges will be suspended.

You may have three (3) points deducted from your record upon completion of an eight (8) hour defensive driving course conducted at various locations throughout the state. For schedule and location information, please contact the DMV at 1-800- 642-9066 or 1-304-926-3499. In addition, a Certificate of Insurance or other proof of compulsory motor vehicle liability insurance, which can be obtained from your insurance company, must always be carried in your vehicle. In the event of a crash, you must present this certificate of insurance or other proof to the investigating officer. You must also show the certificate of insurance for your annual vehicle inspection. Commercial Drivers are Prohibited from Operating with ANY Alcohol in System

OFFENSES | POINT VALUES

Fleeing from an Ofcfier | 8

Speeding in a School Zone | 6

Reckless/Careless Driving | 6

Hit and Run (Leaving the Scene or Failure to Reveal ID) | 6

Speeding 20 mph or More Over the Speed Limit | 6

Speeding 15 mph - 19 mph Over the Speed Limit | 5

Speeding 11 mph - 14 mph Over the Speed Limit | 3

3 or More Wireless Communication Device Violations (Any Combination of Talking and/or Texting) | 3

Passing Violation | 3

Failure to Yield Violation | 3

Failure to Obey Trafcfi Light | 3

Failure to Obey Stop Sign | 3

Hazardous Driving | 3

Driving Left of Center | 3

Driving Too Fast for Conditions | 3

Failure to Maintain Control of Vehicle | 3

Careless Driving | 3

Driving the Wrong Way on a One Way Street | 3

Littering | 3

Improper Lane Violation | 3

Failure to Observe a Safety/Construction Zone | 3

Failure to Follow a Police Ofcfier’s Instructions | 3

Driving on the Wrong Side of the Road | 3

Following Too Closely | 2

More than 3 Passengers in the Front Seat | 2

Improper Turning | 2

Improper Backing | 2

Improper Signal or No Signal | 2

FOR ANY MOVING VIOLATIONS NOT LISTED ABOVE CONTACT THE DMV |

Points will be maintained as part of your driving record for a minimum of two (2) years from the conviction date. However, any conviction will remain on your record for a period of 10 years.

XXVII West Virginia is a member of the Driver License Compact. Traffic violations you receive in other states will become part of your West Virginia driving record and, if warranted, points will be assessed. If you are convicted in other states and the offense is grounds for suspension or revocation, your West Virginia driver’s license may be suspended or revoked. Other states may also restrict, suspend, or revoke your privilege to driver a motor vehicle in those states.

West Virginia is also a member of the Non-Resident Violator Compact (NRVC). This allows drivers to accept traffic citations for certain violations and continue on their way, regardless of whether the driver resides in that state or jurisdiction. Each member state agrees to suspend the driver’s license of its own citizens who fail to comply with the terms of the traffic violation committed in another state. Failure to Comply with In-State Citations

State law requires municipal, magistrate, and circuit courts to notify the DMV when you fail to pay, fail to appear, or fail to comply with any type of court order/decision, even if it is not a traffic ticket. Also, federal law requires the DMV to record the suspension action as a conviction.

The DMV will suspend your driver’s license until you present proof of compliance with the court action and all penalty fees are paid. Traffic tickets and other types of citations should be handled promptly to avoid a possible driver’s license suspension. If your penalty fee is being paid by a third party, such as a leasing company, it is your responsibility to ensure that the payment is made in a timely manner to avoid suspension of your driver’s license. Mandatory License Revocation

Convictions for certain violations of the motor vehicle laws are serious and require the immediate revocation of your driver’s license. DMV must revoke a driver’s license when it receives a final notice of conviction for a period of at least one (1) year for any of the following:

• Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
• A felony involving the use of a motor vehicle;
• Perjury or false affidavits to the DMV;
• Leaving the scene of an accident in which you are involved that results in death or personal injury;
• Three (3) convictions of reckless driving in 24 months;
• Racing on streets or highways (drag racing) six (6) months;
• Failure to satisfy a civil judgment against you as a result of your involvement in an automobile accident (no time period);
• Conviction in another state or jurisdiction for driving under the influence of alcohol, controlled substances, or other drugs – applicable time period; or
• A DUI conviction against a person under the age of 18 will be in effect until age 18 or the applicable statutory period or revocation, whichever is longer. Child Support Suspensions Circuit courts may order driver’s license suspension for any person who accumulates child support payment in arrears of six (6) months or more. DMV may issue a restricted driver’s license if ordered by a circuit court so that persons under child support payment suspension may drive to and from work. DMV may impose suspension or revocation against any person that violates the terms of a restricted license. Child support related suspensions remain in effect until DMV receives a court order restoring the license, or certification by the Child Support Enforcement Division that the licensee is complying with the original court order or a modified order. Driving in Other States XXVIII The mandatory penalty for the first conviction of driving while under revocation or suspension is a minimum $100 fine. Even more serious is the penalty for DUI related driving while revoked or suspended. Upon conviction, the penalty is a minimum jail sentence of thirty (30) days. The revocation period is extended by six (6) months. No employer may knowingly allow, permit, or authorize a driver to operate a CMV during any period of revocation or suspension. Re-Examination of Drivers You may be required to submit to a re-examination if the Commissioner of Motor Vehicles has good cause to believe you are incompetent or otherwise not qualified to be licensed. After you have taken the re-examination, your license may be retained, suspended, revoked, or you may be issued a restricted license. Refusal to submit to a re-examination is grounds for suspension or revocation of your license. Disqualification/Cancellation of a CDL Disqualification Offenses (WV State Code, §17E-1-13) (a) A person may not operate a commercial motor vehicle if his or her privilege to operate a commercial motor vehicle is disqualified under the provisions of the Federal Motor Carrier Safety Improvement Act of 1999 (public law 106-159 §1748), 49 C.F.R. Part §383, Subpart D (2004) or in accordance with the provisions of this section. (1) For the purposes of determining first and subsequent violations of the offenses listed in this section, each conviction for any offense listed in this section resulting from a separate incident includes convictions for offenses committed in a commercial motor vehicle or a noncommercial motor vehicle. (2) Any person disqualified from operating a commercial motor vehicle for life under the provisions of this chapter for offenses described in subsection (b) subdivisions (4) and (6) of this section is eligible for reinstatement of privileges to operate a commercial motor vehicle after ten years and after completion of the safety and treatment program or other appropriate program prescribed by the DMV. Any person whose lifetime disqualification has been amended under the provisions of this subdivision and who is subsequently convicted of a disqualifying offense described in subsection (b), subdivisions (1) through (8) of this section is not eligible for reinstatement. (3) Any disqualification imposed by this section is in addition to any action to suspend, revoke or cancel the driver’s license or driving privileges if suspension, revocation or cancellation is required under another provision of this code. (4) The provisions of this section apply to any person operating a commercial motor vehicle and to person holding a commercial driver’s license. (b) Any person is disqualified from driving a commercial motor vehicle for the following offenses and time periods if convicted of: Driving While Revoked or Suspended (1) Driving a motor vehicle under the influence of alcohol or a controlled substance; (A) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of one (1) year. (B) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a noncommercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of one (1) year. (C) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F, a driver is disqualified from operating a commercial motor vehicle for a period of three years. XXIX (D)For a second conviction or for refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life. (E)For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial motor vehicle license holder is disqualified from operating a commercial motor vehicle for life. (2) Driving a commercial motor vehicle while the person’s alcohol concentration of the person’s blood, breath or urine is four hundredths of one percent or more, by weight; (A) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (B) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F, a driver is disqualified from operating a commercial motor vehicle for three years. (C) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life. (3) Refusing to submit to any designated secondary chemical test required by the provisions of this code or the provisions of 49 C.F.R. §383.172 (2004); (A) For the first conviction or refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (B) For the first conviction or refusal to submit to any designated secondary chemical test while operating a noncommercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for one (1) year. (C) For the first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F (2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years. (D) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life. (E) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for life. (4) Leaving the scene of a crash; (A) For the first conviction while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (B) For the first conviction while operating a noncommercial motor vehicle, a commercial driver’s license holder is disqualified for one (1) year. (C) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F (2004),a driver is disqualified from operating a commercial motor vehicle for a period of three years. (D) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life. (E) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for life. XXX (5) Using a motor vehicle in the commission of any felony as defined in section three, article one (1) of this chapter: Provided, That the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance falls under the provisions of subdivision eight of this subsection; (A) For the first conviction while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (B) For the first conviction while operating a noncommercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for one (1) year. (C) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F,(2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years. (D) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life. (E) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial motor vehicle license holder is disqualified from operating a commercial motor vehicle for life. (6) Operating a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the driver’s privilege to operate a motor vehicle has been suspended, revoked or canceled, or the driver’s privilege to operate a commercial motor vehicle has been disqualified. (A) For the first conviction while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (B) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F,(2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years. (C) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life. (7) Causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide and negligent homicide as defined in section five, article three, chapter seventeen-b, and section one, article five, chapter seventeen-c of this code; (A) For the first conviction while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (B) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F,(2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years. (C) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life. (8) Using a motor vehicle in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance, a driver is disqualified from operating a commercial motor vehicle for life and shall not be eligible for reinstatement. (c) Any person is disqualified from driving a commercial motor vehicle if convicted of; (1) Speeding excessively involving any speed of fifteen miles per hour or more above the posted speed limit; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days. XXXI (B) For a second conviction of any combination of offenses in this section in a separate. incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. (C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder shall be disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (2) Reckless driving as defined in section three, article five, chapter seventeen-c of this code, careless, or negligent driving including, but not limited to, the offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days. (B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. (C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (3) Making improper or erratic traffic lane changes; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days. (B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. (C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (4) Following the vehicle ahead too closely; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is XXXII (5) Violating any law relating to traffic control arising in connection with a fatal accident, other than a parking violation; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days. (B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. (C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial motor vehicle license holder is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (6) Driving a commercial motor vehicle without obtaining a commercial driver’s license; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days. (B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (C) West Virginia state code requires a suspension of the driver’s license for a period of sixty days if convicted of driving without a proper license. disqualified from operating a commercial motor vehicle for a period of sixty days. (B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. (C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation or cancellation of the commercial driver’s license holder’s privilege to operate any motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (7) Driving a commercial motor vehicle without a commercial driver’s license in the driver’s possession, provided that any person who provides proof of possession of a commercial driver’s license to the enforcement agency that issued the citation, by the court appearance or fine payment deadline shall not be guilty of this offense; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. XXXIII (8) Driving a commercial motor vehicle without the proper class of commercial driver’s license or the proper endorsements for the specific vehicle group being operated, or for the passengers or type of cargo being transported; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. (B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days; and (C) West Virginia state code requires a suspension of the driver’s license for a period of 60 (sixty) days if convicted of driving without proper endorsement. (9) Driving a commercial motor vehicle while engaged in texting and convicted pursuant to section fourteen-a of this article or similar law of this or any other jurisdiction or 49 CFR §392.80; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. (B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three- year period while operating a commercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (10) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a commercial motor vehicle; (A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of sixty days. (B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three- year period while operating a commercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a commercial driver’s license holder is disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. (d) Any person convicted of operating a commercial motor vehicle in violation of any federal, state or local law or ordinance pertaining to any of the railroad crossing violations described in subdivisions one through six of this subsection is disqualified from operating a commercial motor vehicle for the period of time specified; (1) Failing to slow down and check that the tracks are clear of an approaching train, if not required to stop in accordance with the provisions of section three, article twelve, chapter seventeen-c of this code; (A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days; (B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one hundred twenty days; and (C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one (1) year. XXXIV (2) Failing to stop before reaching the crossing, if the tracks are not clear, if not required to stop, in accordance with the provisions of section one, article twelve, chapter seventeen-c of this code; (A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days; (B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one hundred twenty days; and (C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (3) Failing to stop before driving onto the crossing, if required to stop in accordance with the provisions of section three, article twelve, chapter seventeen-c of this code; (A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days; (B) For a second conviction of any combination of offenses in this subsection within a three-year period, the driver is disqualified from operating a commercial motor vehicle for one hundred twenty days; and (C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (4) Failing to have sufficient space to drive completely through the crossing without stopping in accordance with the provisions of section three, article twelve, chapter seventeen-c of this code; (A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days; (B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one hundred twenty days; and (C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (5) Failing to obey a traffic control device or the directions of an enforcement official at the crossing in accordance with the provisions of section one, article twelve, chapter seventeen-c of this code; or (A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days; (B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one hundred twenty days; and (C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (6) Failing to negotiate a crossing because of insufficient undercarriage clearance in accordance with the provisions of section three, article twelve, chapter seventeen-c of this code. (A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of sixty days; (B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one hundred twenty days; and (C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one (1) year. (e) Any person who is convicted of violating an out-of-service order while operating a commercial motor vehicle is disqualified for the following periods of time if: (1) Convicted of violating a driver or vehicle out-of-service order while transporting nonhazardous materials; XXXV (f) After disqualifying, suspending, revoking or canceling a commercial driver’s license, the DMV shall update its records to reflect that action within ten days. (g) In accordance with the provisions of 49 U.S.C. §313119 (a)(19)(2004), and 49 C.F.R §384.226 (2004), and notwithstanding the provisions of section twenty-five, article eleven, chapter sixty-one of this code, no record of conviction, revocation, suspension or disqualification related to any type of motor vehicle traffic control offense, other than a parking violation, of a CDL holder or a person operating a commercial motor vehicle may be masked, expunged, deferred, or be subject to any diversion program. (h) Notwithstanding any provision in this code to the contrary, the DMV may not issue any temporary driving permit, work-only driving permit or hardship license or permit that authorizes a person to operate a commercial motor vehicle when his or her privilege to operate any motor vehicle has been revoked, suspended, disqualified or otherwise canceled for any reason. (i) In accordance with the provisions of 49 C.F.R. §391.15(b), a driver is disqualified from operating a commercial motor vehicle for the duration of any suspension, revocation or cancellation of his or her driver’s license or privilege to operate a motor vehicle by this state or by any other state or jurisdiction until the driver complies with the terms and conditions for reinstatement set by this state or by another state or jurisdiction. (j) In accordance with the provisions of 49 C.F.R. 383.52 (2006), the DMV shall immediately disqualify a driver’s privilege to operate a commercial motor vehicle upon a notice from the Assistant Administrator of the Federal Motor Carrier Safety Administration that the driver poses an imminent hazard. Any disqualification period imposed under the provisions of this subsection shall be served concurrently with any other period of disqualification if applicable. (A) For the first conviction of violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one hundred eighty days. (B) For a second conviction in a separate incident within a ten-year period for violating an out of service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for two years. (C) For a third or subsequent conviction in a separate incident within a ten-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for three years.

2) Convicted of violating a driver or vehicle out-of-service order while transporting hazardous materials required to be placarded under 49 C.F.R. Part §172, Subpart F (2004), or while operating a vehicle designed to transport sixteen or more passengers including the driver; (A) For the first conviction of violating an out of service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one hundred eighty days. (B) For a second conviction in a separate incident within a ten-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for three years. (C) For a third or subsequent conviction in a separate incident within a ten-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for three years. (k) In accordance with the provisions of 49 C.F.R. 1572.11(a), the DMV shall immediately disqualify a driver’s privilege to operate a commercial motor vehicle if the driver fails to surrender his or her driver’s license with a hazardous material endorsement to the DMV upon proper notice by the DMV to the driver that the DMV received notice from the Department of Homeland Security Transportation Security Administration of an initial determination of threat assessment and immediate revocation that the driver does not meet the standards for security threat assessment provided in 49 C.F.R. 1572.5. The disqualification remains in effect until the driver either surrenders the driver’s license to the DMV or provides the DMV with an affidavit attesting to the fact that the driver has lost or is otherwise unable to surrender the license. XXXVI (m) In accordance with the provisions of 49 C.F.R. §383.73(g), the division shall disqualify a driver’s privilege to operate a commercial motor vehicle if the division determines that the licensee has falsified any information or certifications required under the provisions of 49 C.F.R. 383 Subpart J or 49 C.F.R. §383.71a for sixty days in addition to any other penalty prescribed by this code. LIMITING THE USE OF WIRELESS COMMUNICATION DEVICES On October 27, 2010, The Federal Motor Carrier Safety Administration (FMCSA) published a final rule that prohibits texting by commercial motor vehicle (CMV) drivers while operating in interstate commerce and imposes sanctions, including civil penalties and disqualifications from operating CMV’s in interstate commerce, for drivers who fail to comply to this rule. Additionally, motor carriers are prohibited from requiring or allowing their drivers to engage in texting while driving. Violations may include a penalty up to $2,750. § 390.3 (f) General Applicability (1) All school bus operations as defined in §390.5 except for the provisions of §391.15(e) and 392.80; The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle except for the texting provisions of §§ 391.15(e), 390.19, and 390.21(a), and (b)(2). PART 391 QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTIONS 49 CFR §391.2 General Exceptions (a) Farm custom operation. The rules in this part, except for §391.15(e), do not apply to a driver who drives a commercial motor vehicle controlled and operated by a person engaged in custom harvesting operations, if the commercial motor vehicle is used to: (1) Transport farm machinery, supplies, or both, to or from a farm for custom-harvesting operations on a farm; or (2) Transport custom-harvested crops to storage or market. (b) Apiarian industries. The rules in this part, except for §391.15(e), do not apply to a driver who is operating a commercial motor vehicle controlled and operated by a beekeeper engaged in the seasonal transportation of bees. (c) Certain farm vehicle drivers. The rules in this part, except for §391.15(e), do not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) commercial motor vehicle, as defined in §390.5. (For limited exemptions for farm vehicle drivers of articulated commercial motor vehicles, see §391.67.) (l) In accordance with 49 C.F.R §391.41, a driver is disqualified from operating a commercial motor vehicle if the driver is not physically qualified to operate a commercial motor vehicle or does not possess a valid medical certification status. XXXVII Drowsy driving is common on U.S. roads and represents a highly pervasive threat to public health and transportation safety. After being awake for 18 hours (time varies), driving skills are comparable to someone under the influence of drugs or alcohol. Driving drowsy can decrease your reaction time and increase your crash risk. You often cannot react in time to apply brakes or steer away from a potential crash. Crashes related to drowsy driving can be very serious, leading to death or severe injuries. If you drive while drowsy, you may become slower to respond to road and traffic conditions. You may also struggle to process complex information coming from different places at once or become careless when making driving decisions. When drowsy, you may have trouble paying attention or actually fall asleep while driving. Signs that you are drowsy while driving include:

• Falling asleep at stop lights;
• Yawning; rubbing eyes; watery eyes; heavy eyelids;
• Difficulty remembering the last few miles driven;
• Missing road signs or exits;
• Unplanned lane changes;
• Head nodding or dropping;
• Driving off the road or hitting the rumble strips. Signs that another driver may be drowsy:
• Head nodding or dropping, if driver is visible;
• Drifting out of the travel lane, crossing edge lines or center lines, hitting the rumble strips;
• Near miss crashes, especially rear end;
• Erratic driving behavior - speeding up/slowing down, weaving or drifting in lane;
• Rear-ending another vehicle or hitting another vehicle head-on;
• Hitting a stationary object. How to prevent drowsy driving: The best way to reduce drowsiness is to get more sleep. If you are drowsy, don’t drive. Pull over to a safe area as soon as you can and take a short nap. As little as 10-20 minutes of sleep can make a big difference. If possible, avoid driving during times you feel sleepy. For many people, this is in the early morning, during the late afternoon or at night. Let a well-rested person drive. Consider carpooling, using public transportation, calling a taxi or asking a family member or friend to drive you. What does not work to prevent drowsy driving: What does NOT work includes rolling down a window, chewing gum or turning up the radio. Caffeine, coffee, energy drinks and other stimulants are not reliable for staying alert. Talking on a cell phone or texting should also not be used as they are not reliable methods to stay awake. What to do if you observe a drowsy driver: Most important: Maintain your own safety first, continuing to drive in a safe and responsible manner. Drowsy driving is a type of impaired driving and puts the driver and others on the roadway at risk for harm. Find a safe place to stop or have a passenger call 911 to report the situation. Be able to describe the location, the vehicle and the actions you observed. Be sure to follow any instructions you receive from the 911 dispatcher.

Addendum | AVOIDING DROWSY DRIVING

Every vehicle on the road and pedestrians are put in danger with just one drowsy driver. Among those most susceptible to driving while over-tired include shift workers, parents, individuals taking sedating medications, and those who have an untreated sleep disorder. Although anyone can make the fatal mistake of driving without adequate rest, young adults are at the highest risk, comprising a disproportionately large number of fatigue related crashes (64% for those age 16-29).

XXXVIII

This material is based upon work supported by the Federal Motor Carrier Safety Administration under Cooperative Agreement No. DTFH61-97-X-00017. Any opinions, findings, conclusions or recommendations expressed in this publication are those of the Author(s) and do not necessarily reflect the view of the Federal Motor Carrier Safety Administration.

This material has been created for and provided to State Driver License Agencies (SDLAs) by AAMVA for the purpose of educating Driver License applicants (Commercial or Non-Commercial). Permission to reproduce, use, distribute or sell this material has been granted to SDLAs only. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without express written permission from the author / publisher. Any unauthorized reprint, use, distribution or sale of this material is prohibited.

In January 2015, an RV pulled into a truck stop in Virginia. Observant professional truck driver Kevin Kimmel recognized suspicious activity around that RV, which had pulled back by the truck line, and decided something was off. Instead of turning a blind eye, he made a call that brought law enforcement out to the scene within a few minutes. After interviewing the occupants of the vehicle, they discovered that a young woman, 20 years old, had been kidnapped from Iowa two weeks prior. She had been beaten, raped, her whole body burned by instruments heated on the RV stove, branded and starved. She was being sold by her traffickers, Laura Sorenson and Aldair Hodza, through sex ads on Craigslist, where men were purchasing her and then arriving at the RV to rape her. She was dying from malnutrition and the torture she was subjected to … had the call not been made that brought law enforcement out to that truck stop, doctors said she would have died within the next few days. Now a recovering survivor, this young woman calls Kimmel her guardian angel. He calls himself a Trucker Against Trafficking. Truckers Against Trafficking is a non-profit organization that has been working with the trucking industry since 2009 to provide the needed training and tools to enable members of the industry to both recognize human trafficking when they see it happening and to know what actions to take to enable law enforcement to effectively fight this crime. Through this training and these tools, truckers are becoming Everyday Heroes like Kevin Kimmel, who was also named TAT’s 2015 Harriet Tubman Award winner.

One of the tools TAT provides is a wallet card with red flags to look for, questions to ask if you suspect someone is a victim and actionable information to report. This wallet card is available by App, from the appropriate App Store, on all smart phones, whether Android, iPhone or Windows format, as well as by emailing tat.truckers@gmail.com, for a version to carry in your wallet. Additionally, TAT provides a powerful, 26-minute training video on its website (www.truckersagainsttrafficking.org), which, when watched along with taking and passing a short test, certifies drivers as TAT-Trained, a designation which can go on your resume. Because professional drivers often find themselves in locations frequented and exploited by human traffickers, they are in a unique position to recognize the signs of human trafficking and to make the call that can lead to victim recovery and perpetrator arrests. Get your wallet card today. Be an Everyday Hero! Make the call (1-888-3737-888); save lives!

Table of Contents

Introduction ......................................................................................................................................... 1-1 Driving Safely ................................................................................................................................... 2-1 Transporting Cargo Safely ............................................................................................... 3-1 Transporting Passengers Safely ............................................................................... 4-1 Air Brakes ............................................................................................................................................. 5-1 Combination Vehicles ............................................................................................................ 6-1 Doubles and Triples ................................................................................................................. 7-1 Tank Vehicles .................................................................................................................................. 8-1 Hazardous Materials ................................................................................................................ 9-1 School Bus ........................................................................................................................................ 10-1 Vehicle Vehicle Inspection ............................................................................................. 11-1 Basic Vehicle Control Skills Test ............................................................................ 12-1 On-Road Driving ......................................................................................................................... 13-1

•Commercial Driver License Tests •Medical Requirements •Driver Disqualifications •Other Safety Rules •International Registration Program There is a federal requirement that each state have minimum standards for the licensing of commercial drivers.

This manual provides driver license testing information for drivers who wish to have a commercial driver license (CDL). This manual does NOT provide information on all the federal and state requirements needed before you can drive a commercial motor vehicle (CMV). You may have to contact your state driver licensing authority for additional information.

You must have a CDL to operate: Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more. A combination vehicle with a gross combination weight rating (GCWR) of 26,001 or more pounds, provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds. A vehicle designed to transport 16 or more passengers (including the driver). Any size vehicle which requires hazardous material placards or is carrying material listed as a select agent or toxin in 42 CFR part 73. Federal regulations through the Department of Homeland Security require a background check and fingerprinting for the Hazardous Materials endorsement. Contact your local department of driver licensing for more information.

(Your state may have additional definitions of CMVs.)

CDL Classifications The CDL vehicle classification included in the federal standard, together with the type of cargo to be transported, determine what type of CDL license and endorsement an applicant must apply for. There are three basic vehicle classes or groups: Class B Heavy Straight Vehicles. Any single vehicle with a GVWR of 26,001 or more pounds falls in Group B, or any such vehicle towing another vehicle not in excess of 10,000 pounds GVWR. Class B includes straight trucks and large buses, including articulated buses. Safely driving these heavy vehicles requires considerably more knowledge and skill than driving the small trucks and buses found in Class C. Since they include the skills required to drive Class C vehicles, drivers who have qualified for a Class B license may also drive vehicles in Class C. Class C Small Vehicles. Any single vehicle with a GVWR less than 26,001 pounds falls in Group C, or any such vehicle towing another vehicle not in excess of 10,000 pounds GVWR. However, vehicles of this size are included in the CDL program only if they are: 1) Designed to carry 16 or more passengers including the driver, or (2) Used to transport hazardous materials in quantities requiring placarding under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F) or is carrying material listed as a select agent or toxin in 42 CFR part 73.

There are a great variety of vehicles in Class C. Some rather large Class C vehicles may require more skill and knowledge to operate than do the smaller ones. However, the licensing category is based principally on the type of cargo carried. Because of the seriousness of an accident involving hazardous material or human passengers, the safe operation of even the smaller vehicles in Class C requires special knowledge and the drivers of these vehicles must have a CDL.

STATE OPTIONS: Some states may include more drivers and vehicles in their CDL programs. For example, in some states, a CDL may be required for buses designed to carry fewer than 16 passengers. Going beyond the federal standard is acceptable and the state will need to decide which battery of tests applies to these drivers, or develop a new battery. INTRODUCTION This Section Covers Class A Combination Vehicles. Any combination of vehicles with gross combination weight rating (GCWR) of 26,001 or more pounds falls in Group A provided the GVWR of the vehicle(s) being towed is more than 10,000 pounds. Most Class A vehicles are trucks such as truck-tractor/semi-trailer or truck and trailer combinations. However, tractor-trailer buses may be found in a few communities. Driving a Class A vehicle requires considerably more skill and knowledge than driving vehicles in Classes B and C. Since these skills include those required to drive a B and C vehicle, a driver who has a Class A license also may drive vehicles in Classes B and C. Endorsements All commercial drivers who drive certain types of vehicles or haul certain types of cargo must add endorsements to their CDL license and/or Commercial Learner’s Permit (CLP) to show that they have the specialized knowledge required for these operations. There are six kinds of CDL endorsements that may be required, depending on the vehicle or type of cargo. NOTE: The only endorsements that may be added to a Commercial Learner’s Permit (CLP) are: - Passenger (P); - School bus (S); and - Tank vehicle (N). Double and Triple Trailers (T). Many drivers who are qualified to drive Class A vehicles may wish to pull double or triple trailers. Research shows that considerable additional knowledge and skill is necessary to safely pull double and triple trailers in various traffic conditions and driving environments. Consequently, adding the endorsement to the licenses of Class A drivers is necessary if they wish to pull double or triple trailers. A special knowledge examination on the problems associated with pulling multiple trailers must be passed. Tank Vehicle (N). Drivers ofany commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis must obtain this endorsement.Applies to Class A, B and C (only applicable to Class C if the vehicle is hauling hazardous materials) vehicles. Liquids in bulk cause driving control problems because the cargo is heavy, prone to shifting, and has a high center of gravity. These drivers must pass a special knowledge examination on the problems posed by large volume liquid cargos to add the endorsement to their CDL/CLP. Passengers (P). Drivers who wish to drive a vehicle having a design capacity to carry 16 or more people, including the driver, must add a passenger endorsement to their CDL/CLP. They must pass a special knowledge examination on safety considerations when transporting passengers and must pass skills tests in a passenger vehicle. The endorsement applies to applicants who wish to drive a bus in any class (A, B, or C). The Transportation Security Administration (TSA) and the US Department of Transportation require background checks on commercial drivers who are certified to transport hazardous materials. The background checks include a review of criminal, immigration and FBI records. If the driver is found to represent a security threat, TSA will notify the person and the state will deny issuance of an endorsement. Combination Hazardous Materials and Tank Vehicle (X). Drivers of tank vehicles who haul hazardous materials or waste in amounts requiring placards must add an X endorsement to their CDL, showing that they have passed the special knowledge examinations for both tank vehicles and hazardous materials. School Buses (S). Drivers who wish to drive a school bus, must add a school bus endorsement to their CDL/CLP. They must pass a special knowledge examination on safety considerations when transporting passengers in a school bus and must pass skills tests in a school bus. The endorsement applies to applicants who wish to drive a school bus in any class (A, B, or C). In addition to these six required endorsements, states may add special endorsements of their own as they see fit.

Restrictions Restrictions may be added to Commercial Driver Licenses/Permits based upon the type of vehicle and equipment that the driver uses for the Skills Test. There are ten standardized restriction codes. NOTE: If a CLP is issued with a Passenger (P) or a School Bus (S) endorsement, it must also contain a (P) – No passengers in a CMV bus restriction. If a CLP is issued with a Tanker (N) endorsement, it must also contain a (X) – No cargo in a CMV tank vehicle. CDL Endorsements & Restrictions Hazardous Materials (H). Any driver, regardless of the vehicle Class/Group (A, B, or C) who wishes to haul any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172; or any quantity of a material listed as a select agent or toxin 42 CFR Part 73 must add a hazardous materials endorsement to their CDL. S/he must pass a special written examination on how to recognize, handle, and transport hazardous materials. (K) - Intrastate only: If an applicantcertifies their status as either Non-Excepted Intrastate or Excepted Intrastate, the state must indicate on the CDL, if issued, that person is restricted from operating a CMV in interstate commerce. States may impose this restriction for reasons other than those specified above. (L) - No Air brake equipped CMV: If an applicant does not take or fails the air brake component of the knowledge test, or performs the skills test in a vehicle not equipped with air brakes, the State must indicate on the CLP or CDL, if issued, that the person is restricted from operating a CMV equipped with any type of air brakes. For the purposes of the skills test and the restriction, air brakes include any braking system operating fully or partially on the air brake principle. (M) - No Class A passenger vehicle: If an applicant applying for a passenger endorsement performs the skills test in a passenger vehicle requiring a Group B CDL, the State must indicate on the CDL, if issued, that the person is restricted from operating a passenger vehicle requiring a Group A CDL. (N) - No Class A and B passenger vehicle: If an applicant applying for a passenger endorsement performs the skills test in a passenger vehicle requiring a Group C CDL, the State must indicate on the CDL, if issued, that the person is restricted from operating a passenger vehicle requiring a Group A or B CDL (O) - No tractor trailer CMV: If an applicant performs the skills test in a combination vehicle for a Group A CDL with the power unit and towed unit connected with a pintle hook or other non-fifth wheel connection, the State must indicate on the CDL, if issued, that the person is restricted from operating a tractor-trailer combination connected by a fifth wheel that requires a Group A CDL. An applicant who passes a skills test using a combination vehicle that is NOT a Truck Tractor Semi-Trailer combination, but is otherwise equipped with a fifth wheel, will be issued a CDL with an “O” restriction. A CLP holder with a S endorsement is prohibited from operating a school bus with passengers, other than Federal/State auditors and inspectors, test examiners, other trainees, and the CDL holder accompanying the CLP holder as prescribed by § CFR 383.25(a)(1) of this part. (V) - Medical Variance: If the State is notified according to § 383.73(o)(3) that the driver has been issued a medical variance, the State must indicate the existence of such a medical variance on the CDLIS driver record and the CDL document, if issued, using the restriction code ‘‘V’’ to indicate there is information about a medical variance on the CDLIS driver record. (X) - No cargo in CMV tank vehicle: A CLP 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. (Z) - No full air brake equipped CMV: If an applicant performs the skills test in a vehicle equipped with air over hydraulic brakes, the State must indicate on the CDL, if issued, that the person is restricted from operating a CMV equipped with any braking system operating fully on the air brake principle. For the purposes of the skills test and the restriction, air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. Any additional jurisdictional restrictions that apply to the CLP driving privilege.

To Get a CDL or CLP To get a CDL or CLP, you must pass knowledge and skills tests. This manual will help you pass the tests, however, it is not a substitute for a truck driver training class or program. Formal training is the most reliable way to learn the many special skills required for safely driving a large commercial vehicle and becoming a professional driver in the trucking industry. Figure 1.1 helps you determine if you need a CDL (E) - No manual transmission. If an applicant performs the skills test in a vehicle equipped with an automatic transmission, the State must indicate on the CDL, if issued, that the person is restricted from operating a CMV equipped with a manual transmission. For the purposes of the skills test and the restriction, an automatic transmission includes any transmission not operating fully on the gear shift and clutch principle. (P) - No passengers in CMV bus: A CLP holder with a P endorsement is prohibited from operating a CMV carrying passengers, other than Federal/State auditors and inspectors, test examiners, other trainees, and the CDL holder accompanying the CLP holder as prescribed by § CFR 383.25(a)(1) of this part.

Figure 1.1 NOTE: A bus may be Class A, B, or C depending on whether the GVWR is over 26,001 pounds or is a combination vehicle. The general knowledge test, taken by all applicants. The passenger transport test, taken by all bus driver applicants. The air brakes test, which you must take if your vehicle has air brakes, including air over hydraulic brakes.

Sections to Study | | 1 | X | X | X | | | | | |

| | 2 | X | X | X | | X | X | X | |

| | 3 | X | X | X | | | | | |

| | 4 | | | | | | | X | |

| | 5* | X | X | X | | X | | | |

| | 6 | X | | | | X | X | | |

| | 7 | | | | | X | | | |

| | 8 | | | | | | X | | |

| | 9 | | | | X | | X | | |

| | 10 | | | | | | | | X |

| | 11 | X | X | X | | | | X | X |

| | 12 | X | X | X | | | | X | X |

| | 13 | X | X | X | | | | X | X |

*Study section 5 if you plan to operate vehicles equipped with air brakes. | | | | | | | | | | |

The combination vehicles test, which is required if you want to drive combination vehicles. The hazardous materials test, required if you want to haul hazardous materials as defined in 49 CFR 383.5. In order to obtain this endorsement you are also required to pass a Transportation Security Administration (TSA) background check. The tank vehicle test, required if you want to haul any liquid or gaseous materials in a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or chassis The doubles/triples test, required if you want to pull double or triple trailers. The School Bus test, required if you want to drive a school bus.

1.1.2 – Skills Tests

If you pass the required knowledge test(s), you can take the CDL skills testwhen you are eligible. The CDL Skills Test consists of three segments: Vehicle inspection, basic vehicle control, and on-road driving. You must take the segments in the order listed and must pass each one before moving to the next. You must take these tests in the type of vehicle for which you wish to be licensed. Any vehicle that has components marked or labeled cannot be used for the CDL Skills Test. Vehicle Inspection. You will be tested to see if you know whether your vehicle is safe to drive. You will be asked to do a Vehicle inspection of your vehicle. You must point to/touch and name the item you are inspecting and explain to the examiner what you would inspect and why. Basic Vehicle Control. You will be tested on your skill to control the vehicle. You will be asked to move your vehicle forward, backward, and turn it within a Figure 1.2 – What to Study 1.1 – Commercial Driver License Tests 1.1.1 – Knowledge Tests

You will have to take one or more knowledge tests, depending on what class of license and what endorsements you need. The CDL knowledge tests include: defined area. These areas may be marked with traffic lanes, cones, barriers, or something similar. The examiner will tell you how each control test is to be done.

On-road Test. You will be tested on your skill to safely drive your vehicle in a variety of traffic situations. The situations may include left and right turns, intersections, railroad crossings, curves, up and down grades, single or multi-lane roads, streets, or highways. The examiner will tell you where to drive.

Figure 1.2 details which sections of this manual you should study for each particular class of license and for each endorsement. Starting January 30, 2012 and no later than January 30, 2014, if you are applying for a CDL Permit; or are renewing, upgrading, adding endorsements to a CDL; or transferring a CDL from another state, you are required to provide information to your State Driver’s License Agency (SDLA) regarding the type of commercial motor vehicle operation you drive in or expect to drive in with your CDL. Drivers operating in certain types of commerce will be required to submit a current medical examiner’s certificate and/or any medical variance documents that you have been issued (i.e. Vision, Skills Performance or Diabetic waivers, or other exemptions) to your SDLA to obtain a “certified” medical status as part of your driving record. You must contact your State Driver Licensing Agency (SDLA) to obtain information regarding the requirement for submitting these documents. If you are required to have a ”certified” medical status and fail to provide and keep up-to-date your medical examiner’s certificate you become ”not-certified” and may lose your CDL. For the purpose of complying with the new requirements for medical certification, it is important to know how you are using the CMV. The following information will help you decide how to self-certify: 1.2.1 – Interstate or Intrastate Commerce Do you, or will you, use a CDL to operate a CMV in interstate or intrastate commerce? Interstate commerce is when you drive a CMV: From one State to another State or a foreign country; Between two places within a State, but during part of the trip, the CMV crosses into another State or foreign country; or Between two places within a State, but the cargo or passengers are part of a trip that began or will end in another State or foreign country. Intrastate commerce is when you drive a CMV within a State and you do not meet any of the descriptions above for interstate commerce. If you operate in both intrastate commerce and interstate commerce, you must choose interstate commerce. Once you decide whether you will operate in interstate commerce or intrastate commerce, you must decide whether you will operate (or expect to operate) in a non-excepted or excepted status. This decision will tell you to which of the four types of commerce you must self-certify.

Interstate Commerce: You operate in excepted interstate commerce when you drive a CMV in interstate commerce only for the following excepted activities: To transport school children and/or school staff between home and school; As Federal, State or local government employees; To transport human corpses or sick or injured persons; Fire truck or rescue vehicle drivers during emergencies and other related activities; Primarily in the transportation of propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding; In Response to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture; In custom harvesting on a farm or to transport farm machinery and supplies used in the custom harvesting operation to and from a farm or to transport custom harvested crops to storage or market; Beekeeper in the seasonal transportation of bees; Controlled and operated by a farmer, but is not a combination vehicle (power unit and towed unit), and is used to transport agricultural products, farm machinery or farm supplies (no placardable hazardous materials) to and from a farm and within 150 air-miles of the farm; As a private motor carrier of passengers for non-business purposes; or To transport migrant workers. If you answered yes to one or more of the above activities as the only operation in which you drive, you operate in excepted interstate commerce and do not need a Federal medical examiner’s certificate. 1.2 – Medical Documentation Requirements 1.2.2 – Inter/Intrastate Commerce: Status Non-excepted or Excepted?

If you operate in both excepted interstate commerce and non-excepted interstate commerce, you must choose non-excepted interstate commerce to be qualified to operate in both types of interstate commerce.

Intrastate Commerce: You operate in excepted Intrastate commerce when you drive a CMV only in intrastate commerce activities for which your State of licensure has determined do not require you to meet the State’s medical certification requirements. (contact your SDLA about their requirements).

You operate in non-excepted intrastate commerce when you drive a CMV only in intrastate commerce and are required to meet your State of licensure’s medical certification requirements (contact your SDLA about their requirements). If you operate in both excepted intrastate commerce and non-excepted intrastate commerce, you must choose non-excepted intrastate commerce. 1.2.3 – Self-Certification Statements When completing an application for your CDL, you will be required to check the box next to the statement that describes your status. The actual statements on your application may vary from those shown below:

Interstate non-excepted: I certify that I operate or expect to operate in interstate commerce, that I am subject to and meet the Federal DOT medical card requirements under 49 CFR part 391; and that I am required to obtain a medical examiner’s certificate.

Interstate excepted: I certify that I operate or expect to operate in interstate commerce, but engage exclusively in transportation or operations excepted under 49 CFR §§390.3(f), 391.2, 391.68 or 398.3 from all or parts of the qualification requirements of 49 CFR part 391; and that I am not required to obtain a medical examiner’s certificate. Intrastate excepted: I certify that I operate or expect to operate entirely in intrastate commerce, that I am not subject to the medical requirements for my State; and that I am not required to obtain a medical examiner’s certificate.

1.3 - CDL Disqualifications

1.3.1 – General

You may not drive a commercial motor vehicle if you are disqualified for any reason.

1.3.2 – Alcohol, Leaving the Scene of an

Accident, and Commission of a Felony

It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.

You will lose your CDL for at least one year for a first offense for: Driving a CMV if your blood alcohol concentration is .04% or higher. Driving a CMV under the influence of alcohol. Refusing to undergo blood alcohol testing. Driving a CMV while under the influence of a controlled substance. Leaving the scene of an accident involving a CMV. Committing a felony involving the use of a CMV. Driving a CMV when the CDL is suspended. Causing a fatality through negligent operation of a CMV.

You will lose your CDL for at least three years if the offense occurs while you are operating a CMV that is placarded for hazardous materials.

You will lose your CDL for life for a second offense.

You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances. Intrastate non-excepted: I certify that I operate If you answered no to all of the above activities, you operate in non-excepted interstate commerce and are required to provide a current medical examiner’s certificate (49 CFR 391.45),commonly referred to as a medical certificate or DOT card, to your State Driver Licensing Agency (SDLA). Most CDL holders who drive CMVs in interstate commerce are non-excepted interstate commerce drivers. or expect to operate entirely in intrastate commerce, that I am subject to and meet the medical requirements for my State; and that I am required to obtain a medical examiner’s certificate.

For at least 60 days if you have committed two serious traffic violations within a three-year period involving a CMV. For at least 120 days for three or more serious traffic violations within a three-year period involving a CMV.

1.3.4 – Violation of Out-of-Service Orders

You will lose your CDL: [For at least 90 days if you have committed your first violation of an out-of-service order. For at least one year if you have committed two violations of an out-of-service order in a ten-year period. For at least three years if you have committed three or more violations of an out-of-service order in a ten-year period].

1.3.5

– Railroad-highway Grade Crossing Violations

You will lose your CDL: For at least 60 days for your first violation. For at least 120 days for your second violation within a three-year period. For at least one year for your third violation within a three-year period.

These violations include violation of a federal, state or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing: For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear. For drivers who are always required to stop, failing to stop before driving onto the crossing. For all drivers failing to have sufficient space to drive completely through the crossing without stopping. For all drivers failing to obey a traffic control device or the directions of an enforcement official at the crossing. For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance.

1.3.6 – Hazardous Materials Endorsement

Background Check and Disqualifications

If you require a hazardous materials endorsement you will be required to submit your fingerprints and be subject to a background check.

You will be denied or you will lose your hazardous materials endorsement if you: Are not a lawful permanent resident of the United States. Renounce your United States citizenship. Are wanted or under indictment for certain felonies. Have a conviction in military or civilian court for certain felonies. Have been adjudicated as lacking mental capacity or have been involuntarily committed to a mental health facility as specified in §1572.109. Are considered to pose a security threat as determined by the Transportation Security Administration. The background check procedures vary from jurisdiction to jurisdiction. Your licensing agency will provide you with all the information you need to complete the required TSA background check procedures.

1.3.7 – Traffic Violations in Your Personal

Vehicle The Motor Carrier Safety Improvement Act (MCSIA) of 1999 requires a CDL holder to be disqualified from operating a commercial motor vehicle if the CDL holder has been convicted of certain types of moving violations in their personal vehicle. You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.

1.3.3 – Serious Traffic Violations

Serious traffic violations are excessive speeding (15 mph or more above the posted limit), reckless driving, improper or erratic lane changes, following a vehicle too closely, traffic offenses committed in a CMV in connection with fatal traffic accidents, driving a CMV without obtaining a CDL or having a CDL in the driver’s possession, and driving a CMV without the proper class of CDL and/or endorsements.

You will lose your CDL: For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train.

If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to alcohol, controlled substance or felony violations, you will lose your CDL for 1 year. If you are convicted of a second violation in your personal vehicle or CMV you will lose your CDL for life.

If your license to operate your personal vehicle is revoked, cancelled, or suspended you may not obtain a “hardship” license to operate a CMV.

1.4 – Other CDL Rules

There are other federal and state rules that affect drivers operating CMVs in all states. Among them are: You cannot have more than one license. If you break this rule, a court may fine you up to $5,000 or put you in jail and keep your home state license and return any others. You must notify your employer within 30 days of conviction for any traffic violations (except parking). This is true no matter what type of vehicle you were driving. You must notify your motor vehicle licensing agency within 30 days if you are convicted in any other jurisdiction of any traffic violation (except parking). This is true no matter what type of vehicle you were driving. You must notify your employer within two business days if your license is suspended, revoked, or canceled, or if you are disqualified from driving. You must give your employer information on all driving jobs you have held for the past 10 years. You must do this when you apply for a commercial driving job. No one can drive a commercial motor vehicle without a CDL. A court may fine you up to $5,000 or put you in jail for breaking this rule. If you have a hazardous materials endorsement you must notify and surrender your hazardous materials endorsement to the state that issued your CDL within 24 hours of any conviction or indictment in any jurisdiction, civilian or military, for, or found not guilty by reason of insanity of a disqualifying crime listed in 49 CFR 1572.103; who is adjudicated as lacking mental capacity or have been involuntarily committed to a mental institution as specified in 49 CFR 1572.109; or who renounces his or her U. S. citizenship; All states are connected to one computerized system to share information about CDL drivers. The states will check on drivers' accident records to be sure that drivers do not have more than one CDL. You are not allowed to hold a mobile telephone to conduct a voice communication or dial a mobile telephone by pressing more than a single button when driving. You are not allowed to send or read text messages while driving.

You must be properly restrained by a safety belt at all times while operating a commercial motor vehicle. The safety belt design holds the driver securely behind the wheel during a crash, helping the driver to control the vehicle and reduces the chance of serious injury or death. If you do not wear a safety belt, you are four times more likely to be fatally injured if you are thrown from the vehicle.

Your state may have additional rules that you must also obey.

1.5 – International Registration Plan

International Fuel Tax Agreement If you operate a CDL required vehicle in interstate commerce, the vehicle, with few exceptions, is required to be registered under the International Registration Plan (IRP) and the International Fuel Tax Agreement (IFTA). These federally mandated programs provide for the equitable collection and distribution of vehicle license fees and motor fuels taxes for vehicles traveling throughout the 48 contiguous United States and 10 Canadian provinces.

Under the IRP, jurisdictions must register apportioned vehicles which includes issuing license plates and cab cards or proper credentials, calculate, collect and distribute IRP fees, audit carriers for accuracy of reported distance and fees and enforce IRP requirements. If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to violations of traffic control laws (other than parking violations) you will also lose your CDL driving privileges. Your employer may not let you drive a commercial motor vehicle if you have more than one license or if you’re CDL is suspended or revoked. A court may fine the employer up to $5,000 or put him/her in jail for breaking this rule.

A Qualified Vehicle is (except as provided below) any Power Unit that is used or intended for use in two or more Member Jurisdictions and that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property, and: (i) has two Axles and a gross Vehicle weight or registered gross Vehicle weight in (ii) excess of 26,000 pounds (11,793.401 kilograms), or (iii) has three or more Axles, regardless of weight, or (iv) is used in combination, when the gross Vehicle weight of such combination exceeds 26,000 pounds (11,793.401 kilograms).

1) Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms; or
2) Is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight. Qualified Motor Vehicle does not include recreational vehicles. If the vehicle you operate is registered under IRP and you are a motor carrier licensed under IFTA, then you are required to comply with the mandatory record keeping requirements for operating the vehicle. A universally accepted method of capturing this information is through the completion of an Individual Vehicle Distance Record (IVDR), sometimes times referred to as a Driver Trip Report. This document reflects the distance traveled and fuel purchased for a vehicle that operates interstate under apportioned (IRP) registration and IFTA fuel tax credentials. Although the actual format of the IVDR may vary, the information that is required for proper record keeping does not. In order to satisfy the requirements for Individual Vehicle Distance Records, these documents must include the following information: Distance Per Article IV of the IRP Plan (i) Date of trip (starting and ending) (ii) Trip origin and destination – City and State or Province (iii) Route(s) of travel (iv) Beginning and ending odometer or hubometer reading of the trip (v) Total distance traveled (vi) In-Jurisdiction distance (vii) Power unit number or vehicle identification number. Fuel Per Section P560 of the IFTA Procedures Manual .300 An acceptable receipt or invoice must include, but shall not be limited to, the following: .005 Date of purchase .010 Seller's name and address .015 Number of gallons or liters purchased; .020 Fuel type .025 Price per gallon or liter or total amount of sale .030 Unit number or other unique vehicle identifier .035 Purchaser's name Registrant responsibilities under the Plan include applying for IRP registration with base jurisdiction, providing proper documentation for registration, paying appropriate IRP registration fees, properly displaying registration credentials, maintaining accurate distance records, and making records available for jurisdiction review. The basic concept behind IFTA is to allow a licensee (motor carrier) to license in a base jurisdiction for the reporting and payment of motor fuel use taxes. Under the IFTA, a licensee is issued one set of credentials which will authorize operations through all IFTA member jurisdictions. The fuel use taxes collected pursuant to the IFTA are calculated based on the number of miles (kilometers) traveled and the number of gallons (liters) consumed in the member jurisdictions. The licensee files one quarterly tax return with the base jurisdiction by which the licensee will report all operations through all IFTA member jurisdictions. It is the base jurisdiction's responsibility to remit the taxes collected to other member jurisdictions and to represent the other member jurisdictions in the tax collection process, including the performance of audits. An IFTA licensee must retain records to support the information reported on the IFTA quarterly tax return The IRP registrant and the IFTA licensee may be the vehicle owner or the vehicle operator. The requirement for acquiring IRP plates for a vehicle and IFTA license for a motor carrier is determined by the definitions from the IRP Plan and the IFTA for Qualified Vehicle and Qualified Motor Vehicle: For purposes of IRP: While similar, the Qualified Motor Vehicle in IFTA means a motor vehicle used, designed, or maintained for transportation of persons or property and: ▪ At the beginning of the day ▪ When leaving the state or province ▪ At the end of the trip/day Not only do the trips need to be logged, but the fuel purchases need to be documented as well. You must obtain a receipt for all fueling and include it with your completed IVDR. Make sure that any trips that you enter are always filled out in descending order and that your trips include all state/provinces that you traveled through on your route. There are different routes that a driver may take, and most of the miles may be within one state or province. Whether or not the distance you travel is primarily in one jurisdiction or spread among several jurisdictions, all information for the trip must be recorded. This includes the dates, the routes, odometer readings and fuel purchases. By completing this document in full and keeping all records required by both the IRP and the IFTA, you will have ensured that you and your company are in Figure 1 – Individual Vehicle Mileage & Fuel Record (Example)

An example of an IVDR that must be completed in its entirety for each trip can be found in Figure 1 below. Each individual IVDR should be filled out for only one vehicle. The rules to follow when trying to determine how and when to log an odometer reading are the following: compliance with all State and Provincial laws surrounding fuel and distance record keeping requirements.

The IVDR serves as the source document for the calculation of fees and taxes that are payable to the jurisdictions in which the vehicle is operated, so these original records must be maintained for a minimum of four years.

In addition, these records are subject to audit by the taxing jurisdictions. Failure to maintain complete and accurate records could result in fines, penalties and suspension or revocation of IRP registrations and IFTA licenses. For additional information on the IRP and the requirements related to the IRP, contact your base jurisdiction motor vehicle department or IRP, Inc. the official repository for the IRP. Additional information can be found on the IRP, Inc. website at www.irponline.org. There is a training video on the website home page available in English, Spanish and French

For additional information on IFTA and the requirements related to IFTA, contact the appropriate agency in your base jurisdiction. You will also find useful information about the Agreement at the official repository of IFTA at http://www.iftach.org/index.php.

West Virginia CDL Handbook

Choose Your Format

Table of Contents

Introduction

Commercial Driver’s License (CDL)

Rules and Regulations Manual

Table of Contents

Definitions

Chapter 1 |RULES GOVERNING COMMERCIAL DRIVER’S LICENSING

Chapter II | REQUIRED DOCUMENTS FOR ALL APPLICANTS

Chapter III | COMMERCIAL DRIVER’S LICENSES AND PROCEDURES

Chapter IV | LAWS AND RULES FOR CDL DRIVERS

Addendum | AVOIDING DROWSY DRIVING

1.1.2 – Skills Tests

1.3 - CDL Disqualifications

1.3.1 – General

1.3.2 – Alcohol, Leaving the Scene of an

1.3.4 – Violation of Out-of-Service Orders

1.3.5

1.3.6 – Hazardous Materials Endorsement

1.3.7 – Traffic Violations in Your Personal

1.3.3 – Serious Traffic Violations

1.4 – Other CDL Rules

1.5 – International Registration Plan

Keep Studying — West Virginia CDL Resources