Is there a regulation that requires surrendering a Canadian or Mexican CDL when getting a state CDL

Discussion in 'Trucking Industry Regulations' started by Aarrons, Mar 26, 2017.

  1. Aarrons

    Aarrons Light Load Member

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    Lets say an American Citizen has a (Valid in the USA) mexican or canadian CDL and now is getting a state CDL as a resident of a state.
    There is a 5,000 dlls fine for having more than one CDL is there something in code that specifically says that it must be surrendered or it's only a problem if it's used or in possession in the USA.
    Thanks
     
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  3. Alaska76

    Alaska76 Road Train Member

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    §383.21 Number of drivers' licenses.
    No person who operates a commercial motor vehicle shall at any time have more than one driver's license.

    [64 FR 48110, Sept. 2, 1999]

    [​IMG] Back to Top

    §383.23 Commercial driver's license.
    (a) General rule. (1) No person shall operate a commercial motor vehicle unless such person has taken and passed written and driving tests for a CLP or CDL that 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 that 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,1 the person may obtain a Non-domiciled CLP or Non-domiciled CDL from a State that does comply with the testing and licensing standards contained in such subparts F, G, and H of this part, so long as that person meets the requirements of §383.71(f).

    1Effective December 29, 1988, the Administrator determined that commercial driver's licenses issued by Canadian Provinces and Territories in conformity with the Canadian National Safety Code are in accordance with the standards of this part. Effective November 21, 1991, the Administrator determined that the new Licencias Federales de Conductor issued by the United Mexican States are in accordance with the standards of this part. Therefore, under the single license provision of §383.21, a driver holding a commercial driver's license issued under the Canadian National Safety Code or a new Licencia Federal de Conductor issued by Mexico is prohibited from obtaining a non-domiciled CDL, or any other type of driver's license, from a State or other jurisdiction in the United States.

    (2) If an individual is domiciled in a State while that State is prohibited from issuing CDLs in accordance with §384.405 of this subchapter, that individual is eligible to obtain a Non-domiciled CLP or Non-domiciled CDL from any State that elects to issue a Non-domiciled CDL and which complies with the testing and licensing standards contained in subparts F, G, and H of this part, so long as that person meets the requirements of §383.71(f).

    (3) If an individual possesses a CLP, as defined in §383.5, the individual is authorized to operate a class of CMV as provided by the CLP in accordance with §383.25.

    [76 FR 26878, May 9, 2011]
     
  4. not4hire

    not4hire Road Train Member

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    It is also illegal for the holder of a Canadian license to have more than one. We don't have a CDL, we have a licensing system that the one license a driver has determines the class(es) of vehicle(s) they can operate.
     
  5. Aarrons

    Aarrons Light Load Member

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    but can you leave a canadian licence in canada ans use a CDL in the USA? in the code there is nothing about surrendering a license
     
  6. not4hire

    not4hire Road Train Member

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    No, you cannot have two licenses.
     
    rearview Thanks this.
  7. buzzarddriver

    buzzarddriver Road Train Member

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    HOW would an American citizen go about getting a Canadien or Mexican commercial license????
    I suppose a Dual Citizenship person could, but If you had one of the other countries licences it wouldn't be valid in the US if you were working for a US carrier.
     
  8. Aarrons

    Aarrons Light Load Member

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    yes they are valid in the USA under FMCSA except most american companies do not accept them
     
  9. x1Heavy

    x1Heavy Road Train Member

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    You don't. There is a certain amount of international licensing availible but frankly it's too much.

    Ive gone into Mexico and Canada just on the USA CDL in my pocket.

    You are not going to see an American Motor Carrier accepting another nation's license as valid, you need a American CDL. Which means you have at least 30 days residency etc etc etc.
     
  10. Alaska76

    Alaska76 Road Train Member

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    §383.21 Number of drivers' licenses.
    No person who operates a commercial motor vehicle shall at any time have more than one driver's license.

    [​IMG]
     
    not4hire Thanks this.
  11. not4hire

    not4hire Road Train Member

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    You would have to surrender your state license {US} in order to get a provincial license (Canada}. You would also be required to re-take both the written and driving tests. The same applies going Canada to the US. The reason you're not finding what you're looking for is because licenses are issued by states and provinces and each one has its own requirements.
     
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