A person applying for a commercial driver license (CDL)
that authorizes operation of a commercial motor vehicle (CMV) in intrastate
commerce must meet the same requirements as those for interstate driving
(49 CFR §
391.41), except for:
(1) The applicant must be at least 18 years
of age.
(2) The applicant must have
held a driver license for a minimum of 3 years.
(3) The applicant must meet the minimum
alternative vision standards of 49 CFR §
391.44 .
(4) An applicant may present the department's
limb waiver certificate instead of meeting the physical requirements of
49 CFR §
391.41. Limb waivers may only be renewed
through the Texas Department of Public Safety, Driver License Division Issuance
Services, P.O. Box 4087, Austin, Texas 78773-0310.
(5) A driver who operates a motor vehicle in
intrastate commerce only, and does not transport property requiring a hazardous
material placard, and was regularly employed operating a CMV in Texas prior to
August 28, 1989, is not required to meet the federal physical and vision
standards.
(6) A driver who
operates a CMV in intrastate commerce only may obtain a limb waiver from the
department provided the qualifications detailed in this section are met:
(A) Medical certificate required under
49 CFR
§
391.43; and
(B) Pass a comprehensive driving examination
in the appropriate class vehicle (equipped with all necessary vehicle
modifications) for the CDL that the applicant is applying.
(7) An application for a Texas intrastate
limb waiver includes a review of the applicant's driving record for the
three-year period immediately preceding the date of the application. An
applicant may obtain a waiver from the department only if their driving record:
(A) contains no suspensions, revocations,
disqualifications or cancellations of the driver license based on an alcohol,
drug or driving related conviction or an administrative action resulting from
the operation of any motor vehicle, including a personal vehicle;
(B) contains no involvement in a crash for
which a citation was issued resulting in a conviction for a moving
violation;
(C) contains no
convictions for a disqualifying offense or more than one serious traffic
conviction during the three-year period, which disqualified or should have
disqualified the applicant in accordance with the driver disqualification
provisions of Texas Transportation Code, §
522.081;
or
(D) contains no more than two
convictions for moving violations in a CMV.
(8) If the driving record shows either
convictions for moving violations or crash involvement but does not indicate
the type of vehicle operated or the number of miles per hour above the posted
speed limit, the department may request additional official documentation
(e.g., a copy of the citation or crash report, or copies of court records) from
the applicant.
(9) If the applicant
is arrested, cited for, or convicted of any disqualifying offense or other
moving violations during the period an application is pending, the applicant
must immediately report such arrests, citations, or convictions to the Texas
Department of Public Safety, Driver License Division Issuance Services, P.O.
Box 4087, Austin, Texas 78773-0310. No waiver determination will be completed
while any charge against the applicant, for what would be a disqualifying
offense, is still pending. Convictions occurring during the processing of an
application will be considered in the overall driving record. The applicant
must also report any conviction that is not listed on the driving record
because of processing delays. If a subsequent review of the applicant's driving
record identifies incidents that should have been reported, any waiver issued
may be revoked.
(10) Applicants for
a Texas intrastate limb waiver must be able to meet all other physical
requirements specified in
49 CFR §
391.41 without the benefit of any other
waiver.
(11) Applicants for a CDL
must present a valid limb waiver certificate obtained from the department's
Issuance Services in Austin. A limb waiver cannot be used to obtain a Hazardous
Materials Endorsement.
(12) All
recipients of a Texas intrastate limb waiver will be required to have a license
with the appropriate restrictions as they apply. Waiver recipients will be
notified in writing by means of the most recent address on file of the
requirement to add the restrictions and will be given 60 days to comply.
Failure to comply within the specified period may result in the revocation of
any waiver and their disqualification as a CMV driver.
(13) An application for the renewal of a limb
waiver certificate will be granted provided:
(A) the applicant's driving history continues
to meet the requirements as detailed in paragraph (7) of this subsection;
and
(B) the limb waiver certificate
continues to meet all other requirements of
49 CFR §
391.41.
(14) Applicants denied a limb waiver may
appeal the decision of the department by contacting the department's designee,
in writing, within 20 days after receiving notification of the denial. The
request for an appeal must contain the name, address, and driver license number
of the applicant, the reasons why the waiver should be granted, and include all
pertinent documents which support the reasons why the waiver should be granted.
The denial is stayed pending the review of the director or his designee. The
decision of the department's designee is final.
(15) Waiver certificates will be approved by
department's designee and are valid for a period not to exceed 2 years after
the date of the applicant's medical examiner's physical examination.
(16) If the limb waiver application is
approved, the applicant must obtain a CDL with the appropriate restrictions
within 60 days of the approval. Failure to obtain the CDL with the appropriate
restrictions within the 60 day period may result in the cancellation of the
waiver certificate. Any cancellations will require the applicant to reapply for
the waiver.
(17) If the limb waiver
application is denied and the applicant currently holds a CDL, the CDL
privilege will be cancelled and a demand for the surrender of the CDL will be
made.
(18) If the holder of a Texas
limb waiver fails to renew the waiver, the driver will be notified in writing
by the department of this requirement via the most recent address on file.
Proper notification is presumed if the notification is mailed by first-class
mail to the applicant or licensee at the last mailing address on file with the
department. Failure to comply within a 60 day period may result in the
cancellation of their CDL and the demand for the surrender of the CDL currently
held.