Montana Code Annotated 2019

TITLE 61. MOTOR VEHICLES

CHAPTER 5. DRIVER'S LICENSES

Part 1. Licensing Provisions

Waiver Of Skills Test Or Knowledge Test Related To Military Commercial Motor Vehicles Experience

61-5-123. Waiver of skills test or knowledge test related to military commercial motor vehicles experience. (1) The department may waive the skills test or knowledge test, or both, required for a commercial driver's license if an applicant 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) 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; and

(b) provide evidence and certify that:

(i) the applicant has passed a knowledge test for a commercial motor vehicle for the class of motor vehicle for which the applicant is seeking a commercial driver's license given by the military;

(ii) the military position 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

(iii) 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.

History: En. Sec. 1, Ch. 254, L. 2013; amd. Sec. 1, Ch. 432, L. 2017; amd. Sec. 16, Ch. 335, L. 2019; amd. Sec. 4, Ch. 445, L. 2019.