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.
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