31 Miss. Code. R. 1-10.7 - Downgrading to an Operator or Class D License

1. If a person who holds a CDL license wishes to downgrade to an operator license or Class D license, you must first check the person's current record on the computer to determine if the person's current status is valid. If the current status is valid, follow departmental procedures for issuing the operator or Class D license as a renewal, charging full renewal fee and having the person sign the form wishing to down grade his/her license. The applicant will remain on the national CDLIS. Any applicant requesting to downgrade must have a "VALID" commercial status. If a person's commercial status is suspended, they are not eligible for a downgrade until they are cleared.

2. If a person comes into your office and wishes to reapply for his/her previously held CDL and is currently holding a valid operator or Class D license, you must contact the CDL Help Desk to determine what class and/or endorsement the person had. Once the CDL Help Desk determines that it has not been over two (2) years since the applicant held the previous CDL, retesting will not be required. You must collect all required fees, $40.00 CDL fee plus $5.00 for each endorsement before the CDL Help Desk will make any changes to the person's record. After all applicable fees have been collected, the CDL Help Desk will update the record and advise you to print the data card and issue the license.

3. If a person holds a Mississippi CDL and moves to another state and becomes licensed in that state with any class other than CDL, then moves back to this state surrendering the out-of-state license and applying for his/her previously held CDL, they are only eligible to obtain the class of license in which they surrendered their CDL for. If they wish to obtain a CDL license, they MUST re-take all required tests. Advise the subject to complete a CDL application, check their current license status in-state and out-of-state and collect the $25.00 application fee before re-testing may begin. They must be issued a Mississippi license before the CDL testing process begins (refer to policy & procedure 10-1 section 1).

4. If a person is returning to Mississippi to apply for his/her CDL with an out-of-state CDL, but also desiring to upgrade, they must first obtain a Mississippi license reflecting exactly as the state they are coming from before a CDL permit can be issued. If the person wants to add endorsements, then they may fill out an application. Then, you may administer the written test before their license is switched over to Mississippi unless they are adding the passenger endorsement. You must collect the $40.00 CDL fee along with the $25.00 application fee and the $5.00 fee for each endorsement. If the applicant needs a CDL permit to upgrade or add the passenger endorsement, they will also need to pay the $12.00 permit fee. After you have issued the receipt, update the person's record on the computer as an upgrade.

5. If a person's previously held CDL has expired, and it has not been more than two (2) years since the person held the CDL, they will be eligible to reapply for CDL license without re-testing (except for HAZ/MAT endorsement). Have the applicant to fill out CDL application, update all information on the computer and call the CDL Help Desk to update the information that you are not able to.

6. If an applicant possesses a CDL with a HAZ/MAT endorsement and the issue date on the CDL is over two (2) years old, the person must retake and pass the HAZ/MAT test in order to retain the HAZ/MAT endorsement. This applies when an individual is coming to us from another jurisdiction or is renewing his/her CDL. Re-testing for HAZ/MAT can be done only at a CDL station.

I hereby certify that on this date,___________________________, that I,______________________________________, do not wish to keep my class________________, CDL license. I wish to down grade my driver's license to a class___________________license.

Signature:____________________________

Driver License Number:_________________

Witness:_____________________________

(Driver License Examiner)

Notes

31 Miss. Code. R. 1-10.7

Miss. Code Ann. §§ 45-1-3, 63-1-201, and 63-1-216