2017 Montana Legislature

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SENATE BILL NO. 311

INTRODUCED BY E. BUTTREY

 

AN ACT REVISING TERMS FOR A MILITARY SKILLS TEST WAIVER FOR A COMMERCIAL DRIVER'S LICENSE; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTION 61-5-123, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 61-5-123, MCA, is amended to read:

     "61-5-123.  Waiver of skills test for veterans with related to military commercial motor vehicles experience -- rulemaking. (1) The department may waive the skills test required for a commercial driver's license if an applicant who meets the conditions in subsection (2) and is:

     (a) a veteran of the armed forces of the United States who was honorably discharged;

     (b) currently serving in the armed forces of the United States;

     (c) serving full-time in a reserve component, as defined in 37-1-138; or

     (d) honorably discharged from the reserve component after serving full-time in the reserve component.

     (2) An applicant shall:

     (a) certifies certify that, during the 2-year period immediately prior to application, the applicant:

     (i)  did not have more than one license except for a military license;

     (ii) did not have a license suspended, revoked, or canceled;

     (iii) was not convicted of a disqualifying offense as provided in 49 CFR 383.51(b);

     (iv) did not have more than one conviction for a serious traffic violation as provided in 49 CFR 383.51(c); and

     (v)  did not have any conviction for a violation of military, state, or local law relating to motor vehicle traffic control other than a parking violation arising in connection with any traffic accident and has no record of an accident in which the applicant was at fault;

     (b)  provides provide evidence and certifies certify that:

     (i)  the applicant is regularly employed, or within the last 90 days was regularly employed, in a the military position requiring in which the applicant served required regular operation over at least a 2-year period immediately prior to either discharge or application, as applicable, of a commercial motor vehicle representative of the class of motor vehicle for which the applicant is seeking a commercial driver's license; and

     (ii) the applicant was exempted under 49 CFR 383.3(c) from the requirements of this part when operating a commercial motor vehicle in the military; and

     (iii) for at least 2 years immediately preceding the applicant's honorable separation from military service as evidenced by the applicant's certificate of release or discharge from active duty, the applicant was operating a motor vehicle representative of the class of motor vehicle for which the applicant is seeking a commercial driver's license.

     (2)(3)  The department shall adopt rules necessary for the administration of this section."

 

     Section 2.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of SB 311 (SB0311.ENR)
Processed for the Web on April 26, 2017 (12:57pm)

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