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 -
Version of SB 311 (SB0311.ENR)
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