Section 6: Commercial driver licensing; testing procedures
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/ma/part-i/title-xiv/chapter-90f/6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 6. No person may be issued a license to operate a commercial motor vehicle unless that person is a resident of the commonwealth and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 CFR part 383, sub-parts G and A, and has satisfied all other requirements of the CMVSA–86 (Title XII of Public Law 99.570) in addition to any other requirements imposed by law. The tests shall be prescribed and conducted by the registrar.
The registrar may authorize a person, including an agency of the commonwealth or of another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided the test is the same as would otherwise be administered by the commonwealth; and further, that the third party has entered into an agreement with the commonwealth which complies with requirements of 49 CFR part 383.75.
The registrar shall promulgate rules and regulations within federal guidelines, establishing criteria for alternative testing procedures in order to provide reasonable accommodation for illiterate and non-English speaking applicants for licenses to operate commercial vehicles.
An applicant seeking a license to operate a commercial motor vehicle, and one or more endorsements shall be given credit for each examination passed within twelve months or until the license and endorsements are issued, whichever occurs first.
Any person holding a license to operate a commercial motor vehicle shall not be retested at the time of renewal except for renewal of a hazardous materials endorsement as required by federal law, or if the operator has had his license cancelled, revoked or suspended, or when the registrar is acting pursuant to section twenty-two of chapter ninety.
The registrar shall waive the skills test specified in this section for an applicant for a license to operate a commercial motor vehicle who meets the requirements of 49 CFR part 383.77, except when acting pursuant to section twenty-two of chapter ninety.
A learner's permit to operate a commercial vehicle may be issued to an individual who holds a valid license to operate a motor vehicle or a Class ''D'' driver license who has passed the vision and written tests required for an automobile Class ''D'' driver license.
A learner's permit to operate a commercial motor vehicle may not be issued for a period to exceed twelve months. Only one renewal or re-issuance may be granted within a two-year period. The holder of a learner's permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a valid license to operate a commercial motor vehicle for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
A license to operate a commercial motor vehicle or a learner's permit to operate a commercial motor vehicle may not be issued to a person while the person is subject to a disqualification from operating a commercial motor vehicle or while the person's license to operate a motor vehicle is suspended, revoked or cancelled in any state; nor may a license to operate a motor vehicle be issued to a person who has a license to operate a commercial motor vehicle issued by any other state unless the person first surrenders all driver licenses issued by any state, which licenses shall be returned to the issuing states for cancellation.