Application; Operation in Interstate or Foreign Commerce; Certification Required; Medical Required; Exceptions, Issuance of Commercial Driver's License; Department; Duties, Issuance of License; Department Notify Commercial Driver's License ...

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses

RULE NO: RULE TITLE
15A-7.006: Application; Operation in Interstate or Foreign Commerce; Certification Required; Medical Required; Exceptions
15A-7.009: Issuance of Commercial Driver's License; Department; Duties
15A-7.010: Issuance of License; Department Notify Commercial Driver's License Information System
15A-7.017: Hazmat Endorsement Threat Assessment Program
15A-7.019: Third Party Testing Program

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 41, October 10, 2008 issue of the Florida Administrative Weekly.

15A-7.006 Application; Operation in Interstate or Foreign Commerce; Certification Required; Medical Examination Required; Exceptions.

(1) Upon making application for a CDL, any applicant who operates or expects to operate a commercial motor vehicle in interstate or foreign commerce or any applicant otherwise subject to 49 Code of Federal Regulations Part 391 of the Federal Motor Carrier Safety Regulations, pursuant to Section 316.302(1) 322.08(4) and 322.59, F.S., shall certify that he or she meets the qualification requirements of Part 391.

(2) Upon application for a driver’s license, applicants who drive interstate are subject to 49 Code of Federal Regulations Part 391 of the Federal Motor Carrier Safety Regulations, and will present to the department a valid medical examiner’s certificate required by Title 49 C.F.R. Part 391 issued not more than 2 years immediately preceding licensure.

Specific Authority 322.02(6)(3) FS. Law Implemented 316.302(1), 322.01(24), 322.07(3)(a), 322.08(4), 322.59 FS.

 

15A-7.009 Issuance of Commercial Driver’s License; Department; Duties.

Prior to the issuance of an original or renewal commercial driver’s license or the reissuance of a commercial driver’s license with a change of any classification, endorsement, restriction, or name change, the department shall:

(1) Check the driving record of the applicant as maintained by the department; and

(2) Electronically check Contact the Commercial Driver License Information System (CDLIS) to determine whether the applicant possesses a valid commercial driver’s license issued by any other state, and whether such license or the applicant’s privilege to operate commercial motor vehicle has been disqualified.

(3) Electronically check Contact the National Driver Register (NDR) to determine if the applicant has any open driver license suspensions, revocations or cancellations.

Specific Authority 322.02(63) FS. Law Implemented 322.17, 322.65 FS. History–New 4-7-91.

 

15A-7.010 Issuance of License; Department to Check Notify Commercial Driver’s License Information System.

Prior to the issuance of an original or renewal commercial driver’s license or the reissuance of a commercial driver’s license with a change of any classification, endorsement, restriction, or name change, the department shall electronically check notify the Commercial Driver License Information System (CDLIS) of the issuance and shall provide the applicant’s name, social security number and any other required information to the operator of the system.

Specific Authority 322.02(6)(3) FS. Law Implemented 322.17, 322.65 FS., 49 CFR 383.153(b)(2) History–New 4-7-91.

 

15A-7.017 Hazmat Endorsement Threat Assessment Program.

(1) All applicants for CDL hazardous materials (Hazmat) endorsements are required to undergo fingerprint-based background checks in accordance with the USA Patriot Act and federal regulations of the Transportation Security Administration, 49 CFR, Part 1572. Department policy and procedures for processing Hazmat applicants procedures conform to 49 CFR Part 1572 in all respects.

(2) Hazmat endorsements and the associated background check results obtained in other states are not transferable to Florida CDLs. All Hazmat applicants including applicants reciprocating an out of state Hazmat-endorsed CDL are required to pass a new Hazmat knowledge exam and a new background check. Applicants presenting Hazmat endorsed CDLs from other states in conjunction with application for a Florida CDL will receive a 90-day temporary Hazmat endorsement pending completion of this process. Florida CDLs issued to these applicants will display “Hazmat until (date of issuance + 90 days)”.

(3) Hazardous materials knowledge test results older than 60 days prior to the date of application may not be used to meet the testing requirement for issuance of a Hazmat endorsement.

(4) In accordance with Section 322.18(2)(e), Florida Statutes, hazmat-endorsed CDLs are valid for a period of 4 years. Hazmat-endorsed CDLs may be renewed up to 12 months in advance of their expiration dates.

(5) In accordance with Section 322.21(1)(h), Florida Statutes, the application fee for a Hazmat endorsement is set at $91. This fee applies in addition to other applicable issuance and endorsement fees established by Section 322.21, Florida Statutes

Specific Authority 322.02(6) FS. Law Implemented 322.18(2)(e), 322.21(1)(h)(f) FS.

 

15A-7.019 Third Party Testing Program.

(1) Commercial Driver License Third Party Administrators and Third Party Testers may be authorized by the Department to conduct driver license tests in accordance with Section 322.56, Florida Statutes.

(2) Commercial Driver License Third Party Administrators and Third Party Testers shall comply with all applicable rules established in this chapter.

(3) Commercial Driver License Third Party Administrators and Third Party Testers shall comply with contractual agreements, instructional manuals, approved testing locations and routes, and similar written documents establishing policies, procedures, and recordkeeping requirements to maintain the integrity of the testing program.

(4) Electronic and written records created by Commercial Driver License Third Party Administrators and Third Party Testers are public records of the State of Florida, and are subject to applicable laws and penalties regarding falsification of such records. Acts that constitute falsification of third party testing records include, but are not limited to:

(a) Entry of information on CDL test score sheets (form HSMV 7183) that falsifies the parts of a test performed, the type of vehicle used. the, test applicant’s (driver’s) performance, the time of a test or any of its parts, the identity of the applicant, or the identity of the person conducting the test;

(b) Entry of information in the Department’s electronic test records that falsifies the parts of a test performed, the type of vehicle used. the test applicant’s (driver’s) performance, the time of a test or any of its parts, the identity of the applicant, or the identity of the person conducting the test. Use of the tester’s login name and password to create an electronic test record is deemed an electronic signature affirming that the test was personally conducted and the results were entered by that tester.

(c) Withholding or destruction of information that falsifies the true record of test activity, such as not recording a test given but failed by the applicant.

Specific Authority 322.02(6) FS. Law Implemented 322.56 FS.