A person applying for a commercial driver license (CDL) which
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) An applicant may present the department's vision
or limb waiver certificate instead of meeting the vision or physical
requirements of 49 CFR §391.41. Waivers may only be renewed through
the Texas Department of Public Safety, Driver License Division/Enforcement
and Compliance Service, P.O. Box 4087, Austin, Texas 78773-0310.
(4) 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.
(5) A driver who operates a CMV in intrastate commerce
only may obtain a vision or limb waiver from the department provided
the qualifications detailed in this section are met: (Only one waiver
can be used to obtain a CDL.)
(A) Vision waiver requirements:
(i) The applicant has 20/40 (Snellen) or better distant
visual acuity with corrective lenses in the better eye; or
(ii) The applicant's vision is uncorrectable in one
eye and the applicant does not wear corrective lenses, then uncorrected
vision must be at least 20/25 (Snellen) in the better eye;
(iii) The applicant has the ability to recognize the
colors of traffic signals and devices showing standard red, green,
and amber, and
(iv) The applicant must present a medical certificate
as required under 49 CFR §391.43.
(v) Applicants may be referred to a vision specialist
in cases involving a failure on the vision examination:
(I) When the applicant protests the results of the
vision examination; or
(II) When other conditions necessitate verification
by a medical professional.
(B) Limb waiver requirements:
(i) Medical certificate required under 49 CFR §391.43;
(ii) Pass a comprehensive driving examination in the
appropriate class vehicle (equipped with all necessary vehicle modifications)
for the CDL for which the applicant is applying.
(6) Applications for a Texas intrastate vision or limb
waiver will include 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
(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 an 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.
(7) 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.
(8) 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/Enforcement and Compliance
Service, 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
(9) Applicants for a Texas intrastate vision or limb
waiver must be able to meet all other physical requirements specified
in 49 CFR §391.41 without the benefit of any other waiver.
(10) Applicants for a CDL must present a valid vision
or limb waiver certificate obtained from the department's Enforcement
and Compliance Service in Austin. A vision waiver may be used to obtain
a Hazardous Materials Endorsement; however, a limb waiver cannot be
used to obtain this endorsement.
(11) All recipients of a Texas intrastate vision/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.
(12) Applications for the renewal of the vision or
limb waiver certificates will be granted provided the applicant's
driving history continues to meet the requirements as detailed in
paragraph (5) of this subsection and the applicant for:
(A) a vision waiver continues to meet the vision standards
listed in paragraph (5)(A) of this subsection and all other requirements
of 49 CFR §391.41; or
(B) a limb waiver certificate continues to meet all
other requirements of 49 CFR §391.41.
(13) Applicants denied a vision/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.
(14) 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.
(15) If the vision or 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.
(16) If the vision or 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.
(17) If the holder of a Texas vision/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.
(18) Prior to the renewal of their CDL those applicants
who were previously issued a vision waiver with an indefinite expiration
date must comply with this section in order to retain their CDL. Notice
of this requirement will be sent to the mailing address on record.
Failure to comply with this section will result in the denial of their
renewal application and the cancellation of their CDL operating privilege.