§ 1607. Commercial driver's license qualification standards
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: January 1, 2022
Effective: January 1, 2022
75 Pa.C.S.A. § 1607
§ 1607. Commercial driver's license qualification standards
(1) The Commonwealth shall offer one knowledge test to all commercial driver's license holders until April 1, 1992, for each class and for each endorsement for driving a commercial motor vehicle which complies with minimum standards established by Federal regulation and all other requirements of the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570, 49 U.S.C. App. § 2701 et seq.). This subsection shall not apply to an applicant for a commercial driver learner's permit.
(2) No person shall be issued a commercial driver's license unless the person is a resident of this Commonwealth and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum standards established by Federal regulation, all other requirements of the Commercial Motor Vehicle Safety Act of 1986 and other requirements imposed under Federal regulation which are published by the department as a notice in the Pennsylvania Bulletin. The department shall publish the content of the driving examination for the commercial driver's license as a notice in the Pennsylvania Bulletin. The tests shall be offered by the department or its agents.
(8) The department shall require a driver to retake one or more tests authorized under this chapter within 30 days upon receiving credible information that the commercial driver learner's permit holder or commercial driver's license holder is suspected of fraud related to the issuance of a commercial driver learner's permit or commercial driver's license.
(iii) That the applicant has legally operated, for at least two years within the five years immediately prior to applying for a commercial driver's license, a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate, either under the exemption from this Commonwealth's commercial driver's license requirement provided by section 1606(b)(2) (relating to requirement for commercial driver's license) or the equivalent exemption of another state or while on active duty in a foreign jurisdiction.
(2) The department shall request the complete driving record from all states where the applicant was licensed within the previous ten years to operate any type of motor vehicle. Suitable notations of all convictions, disqualifications and other licensing actions for violations of any State or local law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle may be stored and admitted into evidence by the department as provided in section 1516(b) (relating to department records). All actions reported to the department under this paragraph shall have the same effect on subsequent actions as if the reported action had been taken by the department.
(3) A commercial driver's license or commercial driver learner's permit shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license is suspended, revoked or canceled in any state; nor shall a commercial driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all such licenses, which shall be returned to the issuing state for cancellation.
(7) A commercial driver learner's permit holder must be accompanied at all times by a CDL holder who has a valid commercial driver's license with the proper class and endorsements necessary to operate the vehicle being driven. The CDL holder must, at all times, be physically present in the front seat of the vehicle next to the commercial driver learner's permit holder or, in the case of a bus or passenger vehicle, directly behind or in the first row behind the driver and must have the commercial driver learner's permit holder under observation and direct supervision.
(8) A commercial driver learner's permit holder with a passenger or school bus endorsement is prohibited from operating a vehicle carrying a passenger other than Federal or State auditors and inspectors, test examiners, other trainees and the CDL holder accompanying the commercial driver learner's permit holder.
(14) The requirements of paragraphs (12) and (13) do not apply to an individual who obtained a commercial driver learner's permit before February 7, 2020, or a later date as permitted by Federal regulation, if the individual obtains a commercial driver's license before the commercial driver learner's permit or commercial driver learner's permit renewal expires.
Credits
1990, May 30, P.L. 173, No. 42, § 8, imd. effective. Affected 1992, April 16, P.L. 169, No. 31, § 3, effective in 60 days. Amended 1996, July 11, P.L. 660, No. 115, § 9, effective in 60 days; 2002, Dec. 9, P.L. 1278, No. 152, § 6.4, effective in 60 days; 2004, July 15, P.L. 694, No. 75, § 1, effective in 60 days [Sept. 13, 2004]; 2005, July 5, P.L. 100, No. 37, § 5, effective 90 days after publication of notice in the Pennsylvania Bulletin [Oct. 14, 2005]; 2008, Nov. 26, P.L. 1658, No. 133, § 6, effective in 60 days [Jan. 26, 2009]; 2013, Nov. 1, P.L. 673, No. 82, § 1, effective in 60 days [Dec. 31, 2013]; 2015, Oct. 22, P.L. 199, No. 49, § 4, effective in 60 days [Dec. 21, 2015]; 2020, Nov. 25, P.L. 1246, No. 131, § 5.
75 Pa.C.S.A. § 1607, PA ST 75 Pa.C.S.A. § 1607
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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