Attending out of State Schools and getting your CDL's - Truckers' Trucking Forum | Message Board

Jarheaddriver · **^ Top** #1 01.30.2008

I was reading a forum post on how it is illegal to get a CDL in one state if you attend school in that state and is not your home state.... But almost all schools are doing it.

This is what I found on it.

TITLE 49--TRANSPORTATION CHAPTER III -- FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES--Table of Contents Subpart B--Single License Requirement Sec. 383.23 Commercial driver's license.
(a) General rule.
(1) Effective April 1, 1992, no person shall operate a commercial motor vehicle unless such person has taken and passed written and driving tests which meet the Federal standards contained in subparts F, G, and H of this part for the commercial motor vehicle that person operates or expects to operate.
(2) Except as provided in paragraph
(b) of this section, no person may legally operate a CMV unless such person possesses a CDL which meets the standards contained in subpart J of this part, issued by his/her State or jurisdiction of domicile.
(b) Exception. (1) If a CMV operator is not domiciled in a foreign jurisdiction which the Administrator has determined tests drivers and issues CDLs in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of this part, the person may obtain a Nonresident CDL from a State which does comply with the testing and licensing standards

After looking of Texas Laws and what not, since I am from Texas....

§ 522.013. NONRESIDENT LICENSE.
(a) The department may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the secretary has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established by 49 C.F.R. Part 383.
(b) An applicant must surrender any nonresident commercial driver's license issued by another state.
(c) Before issuing a nonresident commercial driver's license, the department must establish the practical capability of disqualifying the person under the conditions applicable to a commercial driver's license issued to a resident of this state.
(d) "Nonresident" must appear on the face of a nonresident commercial driver's license.

and

§ 522.022. LICENSE REQUIREMENTS. The department may not issue a commercial driver's license other than a nonresident license to a person unless the person:
(1) has a domicile in this state;
(2) has passed knowledge and skills tests for driving a commercial motor vehicle that comply with minimal federal standards established by 49 C.F.R. Part 383, Subparts G and H; and
(3) has satisfied the requirements imposed by the federal act, federal regulation, or state law.

After looking over this and some other states laws I was able to determine that this is infact legal for a company or school to do. Here is how it works.

1. If the school has a campus in the state you live in, they can not send you to another state to test. Same for a Carrier school. An example of this is Schnieder has a school here in Dallas, and I live in Texas, they could not send me to their school in WI since they maintain a campus in TX, however if they did not have a campus here, they could send me to any state they have a campus in and I classified as a non-resident student for the training.

2. DMV or DPS offices have adopted almost all the Federal regs on the Motor Carriers, with a few additions to toughen them... However state license requirements in each state are different, and the school you are attending, can only train you for a license in the state of that campus. (Texas campus cannot train for the Oklahoma CDL). With this being said, a state may issue a non-resident license to a student, since the foreign juridication (other state) may not meet that state's (training State) requirements for the license.

3. Each state can set the amount of time you have to change over your license once you become a resident of that state, or return to that state.... For instance in Texas I have 30 days to change over my license if I get a non-resident license in WI, unless the WI license is also limited.....

Bottomline, you need to understand the laws for this in the state in which you live and the laws in the state you will attend school.

sassytrucker · **^ Top** #2 01.30.2008

This is a very informative post. Thank you for setting the record straight. I am going to school out of state, so it is good to know that I am doing so legally! I had gone to get my permit at my local DMV and they also had told me that it is legal to go to another state to get my liscense and then when I get back home to transfer it over. But it is nice to see it here in black and white.

Thanks!!

Jarheaddriver · **^ Top** #3 01.30.2008

Quote:

Originally Posted by sassytrucker

This is a very informative post. Thank you for setting the record straight. I am going to school out of state, so it is good to know that I am doing so legally! I had gone to get my permit at my local DMV and they also had told me that it is legal to go to another state to get my liscense and then when I get back home to transfer it over. But it is nice to see it here in black and white.

Thanks!!

Glad it helped someone, just make sure you know your timeline in the state you live in so they don't slap you with a fine if you wait too long....

sassytrucker · **^ Top** #4 01.30.2008

Quote:

Originally Posted by Jarheaddriver

Glad it helped someone, just make sure you know your timeline in the state you live in so they don't slap you with a fine if you wait too long....

No worries...you listed above that Texas is 30 days. I am in Texas too! Acutally not far from you at all. I am about 30 mins. north of you on 75 in Dension.

pjw044 · **^ Top** #5 01.31.2008

That is amazing...didnt find that in the "bible" when i looked..
Because thats exactly what happened to me and several others at the
"wonderal world of CRE" in Mira Loma.
Training at the school in Mira Loma Ca and on the day we were to test the State of Ca pulls a the teaching credential on all instructors and the
School. Also sent notices out to about 100 drivers to come in and retest.
Seems CRE had some problems with their graduates and high accidents (?)
I had to go to SLC to finish my testing and get a UTAH lic. Notice i live in Ca and have for 36yrs. You all know the horror stories about the conditions at the CRE school in SLC. THERE ALL TRUE...

Derrick · **^ Top** #6 03.29.2008

In the year 2000 I went to Hook-Up Drivers In MO, when it was time to take the test I had to surrender my lic to that state, when I got back to my home state I had to do it again.

Quote:

Originally Posted by pjw044

That is amazing...didnt find that in the "bible" when i looked..
Because thats exactly what happened to me and several others at the
"wonderal world of CRE" in Mira Loma.
Training at the school in Mira Loma Ca and on the day we were to test the State of Ca pulls a the teaching credential on all instructors and the
School. Also sent notices out to about 100 drivers to come in and retest.
Seems CRE had some problems with their graduates and high accidents (?)
I had to go to SLC to finish my testing and get a UTAH lic. Notice i live in Ca and have for 36yrs. You all know the horror stories about the conditions at the CRE school in SLC. THERE ALL TRUE...

mrsfuzzy · **^ Top** #7 05.05.2008

Hi driver..

CRE -SLC here; thanks for the details, and it was good for you to visit the wonderful hotel/swimming pool/gourmet food they have at SLC. How do the driving courses compare? I saw guys with 10 yrs experience curse at the one in West Nile.. seems you did fine so congratulations. CRE's driving schools are written up as 'mills.' But you knew that.

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