61-5-123. Waiver of skills test or knowledge test related to military commercial motor vehicles experience. (1) The department may waive the skills test or knowledge test, or both, required for a commercial driver's license if an applicant meets the conditions in subsection (2) and is:
(a) a veteran of the armed forces of the United States who was honorably discharged;
(b) currently serving in the armed forces of the United States;
(c) serving full-time in a reserve component, as defined in 37-1-138; or
(d) honorably discharged from the reserve component after serving full-time in the reserve component.
(2) An applicant shall:
(a) certify that, during the 2-year period immediately prior to application, the applicant:
(i) did not have more than one license except for a military license;
(ii) did not have a license suspended, revoked, or canceled;
(iii) was not convicted of a disqualifying offense as provided in 49 CFR 383.51(b);
(iv) did not have more than one conviction for a serious traffic violation as provided in 49 CFR 383.51(c); and
(v) did not have any conviction for a violation of military, state, or local law relating to motor vehicle traffic control other than a parking violation arising in connection with any traffic accident and has no record of an accident in which the applicant was at fault; and
(b) provide evidence and certify that:
(i) the applicant has passed a knowledge test for a commercial motor vehicle for the class of motor vehicle for which the applicant is seeking a commercial driver's license given by the military;
(ii) the military position in which the applicant served required regular operation over at least a 2-year period immediately prior to either discharge or application, as applicable, of a commercial motor vehicle representative of the class of motor vehicle for which the applicant is seeking a commercial driver's license; and
(iii) the applicant was exempted under 49 CFR 383.3(c) from the requirements of this part when operating a commercial motor vehicle in the military.
History: En. Sec. 1, Ch. 254, L. 2013; amd. Sec. 1, Ch. 432, L. 2017; amd. Sec. 16, Ch. 335, L. 2019; amd. Sec. 4, Ch. 445, L. 2019.
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