The Federal Motor Carrier Safety Administration (FMCSA [1]) has amended commercial driver license standards. This regulation is referred to as the 'CDL Permit Rule' and mandated compliance by July 8, 2015. The New York State DMV implemened the rules in phases, from April through July of 2015.
We refer to the Commercial Learner Permit as "CLP", and the Commercial Driver License as "CDL." The changes are listed in order of implementation by the New York State DMV.
When you schedule or update a CDL Skills Test (road test) appointment, you will not be able to schedule an appointment within the first 14 days from the issuance of the CLP.
The CDL Permit Rule broadens the criteria used during CLP and CDL license applications to check for open suspensions and revocations in other states. New York State will reject any application where a driver has any open suspension or revocation in any state.
The New York State DMV will send CLP holders a notification if their medical certification status becomes "Not Certified." Once we send the notification, we will cancel the CLP if the CLP holder does not re-certify within 55 days. We can send employers a notification of these status changes if they subscribe to the NY State License Event Notification Service (LENS) [2]. We will send passenger carriers enrolled in the 19-A system notifications of CLP cancellation events.
New CDL restrictions defined below by the Federal Motor Carrier Safety Administration (FMCSA) may affect CLP holders when taking a Skills Test in a vehicle without full airbrakes and/or a manual transmission.
If the vehicle used for your skills test has:
Also, please note that:
The CDL Permit Rule added 5 new restrictions, which required New York State to change the letter assigned to existing restrictions.
Restriction | Old | New | Change |
---|---|---|---|
No Manual Transmission Equipped CMV | - | E | New |
Outside Mirror | - | F | New |
No Passengers in CMV Bus | - | P | New |
No Cargo in CMV Tank Vehicle | - | X | New |
No Full Air Brake Equipped CMV | - | Z | New |
Automatic Transmission | E | E1 | Re-Lettered |
Hearing Aid / Full-View Mirror | F | F1 | Re-Lettered |
Power Brakes | P | P1 | Re-Lettered |
Full Hand Control | X | X1 | Re-Lettered |
Wheel Spinner | Z | Z1 | Re-Lettered |
No Air Brakes Class A Vehicle | L1 | - | Removed |
No Air Brakes Class B Vehicle | L2 | - | Removed |
These restriction changes go into effect June 4, 2015. We will send drivers a new CLP and/or CDL document with these changes printed on them after their next CLP or CDL application.
1) All CLP and CDL transactions, with the exception of replacements (duplicates) will require proof of legal presence in the United States.
IMPORTANT: Because the federal regulations require submission of additional proofs in person, drivers cannot renew their CLP and/or CDL by mail.
CLP and CDL documents for drivers who are not U.S. citizens or lawful permanent residents (i.e., temporary visitors) will have the legend “NON-DOMICILED” printed on documents issued on or after June 18, 2015. The legend “TEMPORARY VISITOR” and the expiration date of their legal status documentation will continue to be displayed on the CLP and/or CDL document.
2) For all CLP and CDL transactions, with the exception of replacements, we will require proof of New York State residence. Proof of residence is required every time for all drivers. The DMV Document Guide [3] lists all acceptable legal presence and New York State residence proof documents.
PLEASE NOTE: You must provide us the original documents (not photocopies) for both requirements above.
The following federally mandated changes will be made to commercial documents
New York State is now required to apply federally mandated commercial suspensions and revocations to CLP holders. Federally mandated commercial suspensions and revocations that affect a driver's commercial privilege will now run consecutive (one to follow the other) with any other open commercial suspension or revocation on record.
New federally mandated one year commercial revocations will be issued for drivers that are found guilty, or convicted of, falsifying, misrepresenting, or fraud in connection with
The following federally mandated changes will be made to commercial documents
Section 140(2)(c) of the New York State Transportation Law is amended to provide that no employer will allow an employee to operate a commercial motor vehicle during any period in which the operator
You can find the 'CDL Permit Rule' in its entirety in 49 CFR Parts 383, 384, and 385 and as posted on the Federal Register (Vol. 76, No. 89 / Monday, May 9, 2011 / Rules and Regulations).