28-3229. Military applicants; driving test waiver; requirements
A. The department may waive the requirement that an original applicant for a class A, B or C license take the driving test prescribed by section 28-3223, subsection A, paragraph 5 if the applicant is on active duty in the armed forces of the United States or has separated from the armed forces of the United States under honorable conditions and certifies that during the two-year period immediately before application all of the following apply:
1. The applicant has not had more than one driver license, other than a military license.
2. The applicant has not had any driver license suspended, revoked or canceled.
3. The applicant has not been convicted of an offense committed while operating any type of motor vehicle that would subject the applicant to mandatory disqualification pursuant to section 28-3312.
4. The applicant has not been found responsible for or guilty of a moving traffic violation that results in a motor vehicle accident and has no record of a motor vehicle accident in which the applicant is at fault.
B. The department may waive the driving test pursuant to subsection A of this section if the applicant certifies and provides evidence as prescribed by the department that all of the following apply:
1. The applicant is regularly employed or within the time period prescribed in the United States department of transportation commercial driver's license standards, requirements and penalties, 49 Code of Federal Regulations section 383.77, was regularly employed in a military position requiring operation of a commercial motor vehicle.
2. The applicant is exempt from commercial driver licensing requirements pursuant to section 28-3152, subsection A, paragraph 1 or a comparable law of another state implementing 49 Code of Federal Regulations section 383.3(c).
3. For at least two years immediately before separating from the armed forces of the United States under honorable conditions the applicant operated a motor vehicle that is representative of the class of motor vehicle that the applicant operates or expects to operate.
C. An applicant who obtains a driving test waiver under this section shall take and successfully pass any knowledge test required pursuant to this chapter.
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