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MVD New Mexico

Chapter 5: Commercial Driver License

by | Dec 29, 2020 | Driver Procedures Manual | 0 comments

Section A.  General Information and Statutes
Section B.  First Time Commercial Learner’s Permit
Section C.  Requirements and Procedures for Issuing Initial CDL
Section D.  Renewal, Replacement or Upgrade of a CDL
Section E.  Medical Certification and Waivers
Section F.  Skill Test Requirements
Section G.  Class E (Exemption) License
Section H.  Driver Self-Certification for Issuance of a CLP or CDL
Section I.  Military Skills Test Waiver
Section J.  Out-of-State Commercial License
Section K.  CDL Skills Test Examiners
Section L.  Knowledge Tests
Section M.  Frequently Asked Questions
Section N. Non-Domiciled Commercial Driver’s License

Section A: Commercial Driver’s License (CDL) – General Information and Statutes

Revised December 8, 2017

The Federal Commercial Motor Vehicle Safety Act of 1986 was signed into law on October 27,1986. The act retained the state’s right to issue a driver license, but established minimum national standards, which New Mexico must meet when licensing drivers of commercial motor vehicles.

It is illegal for a commercial license holder to possess more than one commercial license.

This program is audited and monitored by the United States Department of Transportation (USDOT) in Washington, DC. The Federal Motor Carrier Safety Administration (FMCSA) in Washington, DC audits our program every year to determine if we are complying with all of the federal mandates. For New Mexico to continue participating in the commercial driver’s license program, we must be able to demonstrate that we run every first-time and renewal commercial applicant through CDLIS and PDPS.

Qualifications of Drivers (§65-3-7)

A person shall not drive a motor vehicle unless he is qualified to drive a motor vehicle, and a motor carrier shall not require or permit a person to drive a motor vehicle unless that person is qualified to drive a motor vehicle.

A person is qualified to drive a commercial motor carrier vehicle if he:

  • is at least 21 years old or is at least 18 years old and drives only within the boundaries of the state of New Mexico;
  • is physically qualified to drive a motor vehicle;
  • is not disqualified from driving a motor vehicle;
  • has been issued a current valid motor vehicle operator’s license or permit of the proper class for the vehicle he is driving;
  • can, by reason of experience, training, or both, safely operate the type of motor vehicle he drives; and
  • can, by reason of experience, training, or both, determine whether the cargo he transports is properly located, distributed and secured in or on the motor vehicle he drives.

Commercial Driver’s License Required (§65-5-59)

A person may not drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver’s license and applicable endorsements valid for the vehicle the person is driving, except when driving under a commercial driver’s instruction permit and accompanied by the holder of a commercial driver’s license valid for the vehicle being driven.

A person may not drive a commercial motor vehicle while the person’s driving privilege is suspended, revoked or canceled or while subject to a disqualification or in violation of an out-of-service order.

A person who is a resident of this state for at least 30 days may not drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction.

A person may not drive a commercial motor vehicle in violation of an out-of-service order.

Note: An “out-of-service order” is a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle or a motor carrier operation is temporarily prohibited from operating.

CDL – Qualifications and Standards (§65-5-60)

The division may not issue a commercial driver license to a person unless that person is a resident of New Mexico and has passed a knowledge and skills test for driving a commercial motor vehicle and for related endorsements and has satisfied any other requirements of the New Mexico Commercial Driver’s License Act (§§ 66-5-52 to 66-5-70).

CDL – Limitations on Issuance (§65-5-61)

A commercial driver’s license may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person’s driver’s license is suspended, revoked or canceled in any state, nor may a commercial driver’s license be issued to a person who has a CDL issued by any other state unless the person first surrenders all such licenses to the division.

MVD procedures require that, when a prior CDL is surrendered (whether in- or out-of-state and whether renewal or replacement), VOID is punched through the old license, and the VOID-punched card is returned to the customer with their new license. If a driver is obtaining a CDL permit (for a new or upgraded CDL), do not invalidate his current base license, as the current license is needed in addition to the CDL permit.

 

Section B: First-Time Commercial Learner’s Permit

First-Time Commercial Learner’s Permit

Revised December 13, 2022

Requirements for a New Mexico Commercial Learner’s Permit (CLP) (§66-5-62)

The applicant for a New Mexico Commercial Learner’s Permit (CLP) must have a valid New Mexico driver’s license.

Every applicant for a Commercial Learner’s Permit must provide all of the following documents:

  • Social Security card or valid proof of Social Security Number (SSN)
  • Proof of identity and U.S. citizenship (or) lawful permanent residence in the U.S.
  • DOT Medical Examiner’s Certificate and/or Medical Exemption Waiver issued by the Federal Motor Carrier Safety Administration (FMCSA); or, if medically exempt, proof of qualification such as a paycheck or employee ID for a government employee
  • Two proofs of physical residency showing a New Mexico address

Additional information clarifying each of these requirements is provided in ​Chapter 6 Section C.

Applicant must have passed required knowledge tests with a score of 80 or better

Applicant may not be suspended, canceled, revoked, or disqualified in any state.

The Commercial Learner’s Permit is issued for 1 year. Applicant must retake all knowledge tests required for the CLP they want for every renewal or adding on any endorsements.

A CLP cannot be issued with a Hazmat endorsement.

The only endorsements allowed for a CLP are:

  • P – Passenger endorsement
  • S – School Bus endorsement
  • N – Tank vehicle

The restriction(s) placed on the CLP, if any, are indicated as follows:

  • B for Corrective lenses must be worn while driving.
  • K for Intrastate only;
  • L for No Air brake equipped CMV;
  • M for No Class A passenger vehicle;
  • N for No Class A and B passenger vehicle;
  • P for No passengers in CMV bus;
  • V for Medical variance;
  • X for No cargo in CMV tank vehicle;

The applicant must carry his or her current valid CDL or non-commercial driver’s license along with the Commercial Learner’s Permit.

The CLP holder is not eligible to take the CDL skills test in the first 14 days after initial issuance of the CLP.

All applicants for a 1st time CLP on or after February 7, 2022 must comply with Federal Regulations regarding Entry Level Driver Training in 49 CFR §380.600- 380.603.  This requires all new applicants and all applicants upgrading their CDL’s to attend training offered by providers on the Training Provider Registry.  Applicants may refer to this website to locate a training provider. Applicants will have to have Theory Training, Behind the Wheel Range Training and Behind the Wheel Road Training before a CDL Skills Test can be scheduled by any Testing Organization. The portions of entry-level driver training within one year of completed the first portion.

Access the website here:  Training Provider Registry (dot.gov).

Entry Level Driver Training (ELDT) applies to:

  • First time Class A or Class B CDL applicants
  • Existing Class B CDL holders who want to upgrade to a Class A CDL
  • First time applicants for a school bus (S), passenger (P), or hazardous materials (H) endorsement

After a driver successfully passes the required assessments, the training provider electronically submits the driver-trainee’s certification information to the Training Provider Registry. The information included:

  • Driver-trainee name and CDL/CLP number and state of issuance
  • CDL class or endorsement and type of training completed (behind-the-wheel or theory)
  • Total number of clock hours spent behind the wheel (if applicable)
  • Training provider name and TPR ID number (assigned during registration)
  • Date of successful completion of training

Once an applicant passes the ELDT and needs a skills test completed, they will contact a Testing Organization to schedule the test.  The Testing Organization will verify if an applicant has completed the ELDT through the Commercial Skill Test Information Management System (CSTIMS).

Once the skills test is completed the applicant shall obtain their CDL before the CLP expires.

Section C: Requirements and Procedures for Issuing Initial CDL

Requirements and Procedures for Issuing Initial CDL

Revised April 17, 2023

Requirements for the initial, first time New Mexico CDL

    1. Applicant must be a resident of New Mexico.
    2. Applicant must have at least a valid New Mexico driver’s license and a current New Mexico commercial learner’s permit for the class of commercial driver’s license requested.
    3. Applicant must be 21 or older to drive interstate.
    4. An applicant who is 18-20 years old may apply for a CDL with a “K” restriction, limiting the driver to intrastate commerce only. However, to transport hazardous materials that require a vehicle placard, the driver must be at least 21 whether driving intrastate or interstate.
    5. Applicant must not be subject to any suspension, cancellation, revocation or disqualification in any state.
    6. Applicant must have a current DOT Medical Examiner’s Certificate and/or Medical Waiver issued by the Federal Motor Carrier Safety Administration (FMCSA). If the applicant has a medical condition requiring a waiver, the applicant must present the medical waiver along with the Medical Examiner’s Certificate.
    7. Governmental employees are exempt from providing proof that they are medically qualified, because they are considered medically qualified through their government agencies. Make sure they are entitled to the exemption by either their employee ID card or paycheck from the governmental agency. 
    8. Applicant must have a physical address in New Mexico, not just a Post Office Box number.
    9. Applicants from out-of-state with an existing commercial license, please check with the CDL unit on remaining time for the Hazardous Materials Endorsement if Tapestry does not return a response.
    10. Applicants going from a New Mexico CDL permit to an initial CDL must surrender their driver’s license (VOID Punched) and must have their skills test scores verified in CSTIMS. 

    Procedures for issuing initial CDL

    When issuing a first time or renewal CDL, you must enter the applicant’s name as it appears on the official documents accepted for identification (birth certificate, passport, etc). Neither nicknames nor any other alternate names can be used.

    If an applicant insists that he does not go by the name on his official documents, inform him that MVD can accept and use only the applicant’s legal name in our records and on New Mexico licenses and IDs. We are required to do so by statute, specifically by §§ 66-5-9 and 66-5-15. Before we could accept and use a different name, the applicant would need to have his name changed legally and return to the field office with complete documentation (i.e. court order) of the change.

    Every applicant for an initial CDL must provide the following documents:

    • Proof of Social Security Number (SSN);
    • Proof of identity and U.S. citizenship (or) lawful permanent residence in the U.S.;
    • DOT Medical Examiner’s Certificate and/or Medical Waiver issued by FMCSA; or, if medically exempt, proof of qualification such as their employee ID card or paycheck stub from a government agency; and
    • Two (2) proofs of physical residency showing a New Mexico address.

    Additional information clarifying each of these requirements is provided in Chapter 6 Section C.

    The clerk must ensure that the name of applicant when entered on the system is correct anytime that a commercial license is being issued. Clerks are not allowed to enter made-up data. Doing so may cause you to be subject to disciplinary action.

    Clerks must wait for a valid status from all inquiries before process may be continued. If an invalid status is encountered through PDPS, provide applicant with a printout of the information so that applicant may contact state and clear up status. If information from inquiry does not match driver exactly proceed as follows:

    1. If name, date of birth and social security number match, this is considered “a match” – do not process license.
    2. If name and date of birth match, but not social security number, and the name is a very common name, and the height, weight and eye color do not match, this is considered a “no match” – license may be processed.
    3. If name and date of birth match, but no social is presented in response information, the name is not a common name, and height, weight and eye color match this is considered “a match” – do not process license.
    4. If name matches, but not date of birth or social security number, this is considered “no match” – license may be processed.

    For more about the PDPS query responses and actions, please refer to Chapter 12: ​Problem Driver Pointer System (PDPS).

    Note: Sometimes it is a judgment call. We need to be reasonable, yet we must comply with federal law and be careful not to license someone who is not eligible to be licensed.

    If the driver is an existing CDL holder, and has an invalid status, the CDLIS response should return as Failed CDL Check, showing at least his current license.

    • Select “Send to CDL Unit for Override.”
    • Call the CDL Unit at (888) 683-4636 Option 6, Option 1 and provide the driver’s license number for review of the failed CDLIS response.
    • An email to HelpDesk@state.nm.us with the information required can also be completed. The CDL unit can quickly review to see why the license failed the CDLIS check. This is a very important step to ensure that the driver is not holding a fraudulent license.

    If the vehicle the driver will be driving has air brakes then he must take and pass the air brake written test and take the skills test in a vehicle with air brakes.

    • If the applicant does not take his road skills test in a vehicle equipped with full air brakes then the license will carry the “L” restriction.
    • The “L” restriction can only be removed when the driver passes a road skills test, given by a CDL examiner, in a commercial vehicle equipped with air brakes.
    • The driver must apply for a CLP first, and then take the CDL skills test in a vehicle equipped with full air brakes. The applicant must pay for a new issuance when removing the “L” restriction.

    All CDL knowledge tests are administered on the kiosk machine. The driver’s scores can be accessed through the kiosk by any MVD office.

    An applicant may take any CDL knowledge test up to two times per week. Measurement of the week will start with the 1st test. The system will stop the applicant from taking a knowledge test if the applicant has already taken and failed 2 tests in the 7-day period prior to and including the current day.

    Provide the public list of examiners to all CDL applicants requiring a skills test, other than school bus applicants or New Mexico Department of transportation (NMDOT) applicants.

    All applicants must obtain a commercial learner’s permit before a skills test can be administered. An applicant with a class A license who wants to add a passenger endorsement to his class A would receive a class A commercial learner’s permit with a “P” endorsement, an “M” and “P” restriction before he can take the skills test in a passenger vehicle. If this same applicant had a Class B license, they would receive a Class B commercial learner’s permit with a “P” endorsement, an “M” restriction and a “P” restriction.

    All applicants for a 1st time CLP on or after February 7, 2022 must comply with Federal Regulations regarding Entry Level Driver Training (ELDT) in 49 CFR §380.600- 380.603.  This requires all new applicants and all applicants upgrading their CDL’s to attend training offered by providers on the Training Provider Registry. Applicants will have to have Theory Training, Behind the Wheel Range Training and Behind the Wheel Road Training before a CDL Skills Test can be scheduled by any Testing Organization.

    Applicants may access this website here: Training Provider Registry (dot.gov)

    Entry Level Driver Training (ELDT) applies to:

    • First time Class A or Class B CDL applicants
    • Existing Class B CDL holders who want to upgrade to a Class A CDL
    • First time applicants for a school bus (S), passenger (P), or hazardous materials (H) endorsement

    After a driver successfully passes the required assessments, the training provider electronically submits the driver-trainee’s certification information to the Training Provider Registry. The information included:

    • Driver-trainee name and CDL/CLP number and state of issuance
    • CDL class or endorsement and type of training completed (behind-the-wheel or theory) _
    • Total number of clock hours spent behind the wheel (if applicable)
    • Training provider name and TPR ID number (assigned during registration)
    • Date of successful completion of training

    Once an applicant passes the ELDT and needs a skills test completed they will contact a Testing Organization to schedule the test.  The Testing Organization will verify if an applicant has completed the ELDT through the Commercial Skill Test Information Management System (CSTIMS).

    An applicant wishing to add the Hazardous Materials endorsement (H or X) for the 1st time on or after February 7, 2022 must comply with ELDT.  They will need to take the theory training required for a Hazardous Materials endorsement with a provider on the Training Provider Registry before the knowledge test can be taken.  All applicants will be verified by MVD against the Training Provider Registry that the training has taken place and passed the class.

Section D: Renewal, Replacement or Upgrade of a CDL

Renewal, Replacement or Upgrade of a CDL

Revised June 8, 2022

Requirements when renewing a CDL

  1. Applicant must surrender current New Mexico driver license.
  2. If applicant has not renewed, replaced or upgraded since November 14, 2016, all identity and residency documents will be required.  (Refer to Chapter 6 Section C).
  3. Applicant must have a Medical Examiner’s Certificate on file with MVD or present a current DOT Medical Examiners Certificate and/or Medical Waiver/Exemption issued by the Federal Motor Carrier Safety Administration (FMCSA).
  4. If current license has a Hazardous Materials endorsement (“H” or “X”), the applicant must take and pass the hazmat written exam and fingerprint/background check before renewal will be issued. If applicant does not pass the exam, applicant can either be issued the renewal without the endorsement or return to retake the exam. If applicant does not pass the written exam and chooses to have the license renewed without the endorsement or if applicant wants to simply drop the endorsement, the customer service representative should continue with the transaction removing the H endorsement.
  5. Applicant must not be subject to any suspension, cancelation, revocation or disqualification in any state.

Requirements for Replacing a Lost or Stolen CDL

  1. Applicant must present proof of identification and proof of U.S. citizenship or lawful permanent residence documents if applicant has not completed a transaction since November 14, 2016 (refer to Chapter 6).
  2. Applicant must have two (2) proofs of physical residency in New Mexico. (all issuances)
  3. Applicant must have a Medical Examiner’s Certificate on file with MVD or present a current DOT Medical Examiner’s Certificate and/or Medical Waiver issued by the Federal Motor Carrier Safety Administration.
  4. Applicant must not be currently subject to any suspension, cancelation, revocation or disqualification in any state.​

Requirements for commercial license upgrade

  1. Applicant must pass all required knowledge tests for upgrade.
  2. Applicant will attend training with a provider on the Training Provider Registry as per Federal Regulations 49 CFR §380.600
  3. Applicant must pass the required skills test for upgrade.
  4. Applicant may not be suspended, canceled, revoked or disqualified in any state.
  5. Applicant must have current DOT Medical Examiner’s Certificate and/or any medical waiver issued to him.
  6. If applicant has a hazmat endorsement on current commercial license, the knowledge exam must be retaken anytime the hazmat endorsement period is renewed.
  7. Applicant must have at least a valid New Mexico driver’s license and a current New Mexico commercial learners permit for the class of commercial driver’s license requested.

Return prior license with VOID punch

When a prior CDL is surrendered (whether in- or out-of-state and whether renewal, replacement or upgrade), punch VOID through the old license. Return the VOID-punched card to the customer with their new license.

If the driver is obtaining a commercial learner’s permit (i.e. new or for additional endorsements), do not invalidate his current license as this is needed in addition to the commercial learner’s permit.

Section E: CDL – Medical Certification and Waivers

CDL – Medical Certification and Waivers

Revised March 31, 2022

Medical Examiner’s Certification

Every commercial driver’s license or learner’s permit applicant must provide evidence that he/she is medically qualified to drive a commercial motor vehicle. Applicant must present a current Medical Examiner’s Certificate, which indicates that the applicant has passed a DOT physical. In order to be acceptable, the certificate must be filled completely. The Medical Examiner’s Certificate must have all of the following fields filled in:

  • Printed name, address, medical license/certificate number, National Registry of Certified Medical Examiners number, telephone number, date of examination, certificate expiration date and signature of medical examiner. (A Medical Certificate can only be issued by a medical professional listed in the National Registry of Certified Medical Examiners.)
  • Appropriate box(es) must be checked by medical examiner.
  • Printed name, address and signature of driver.

Do not accept any medical certificate that has been altered or corrected.

Look over the CDL Medical Examiner’s Certificate. Be familiar with the information that is currently required. Because MVD electronically tracks the Medical Certificate, the Commercial Driver’s License expiration date is no longer tied to the length of the Medical Examiner’s Certificate expiration date.

New Mexico Medical Waivers

New Mexico does not have a Medical program; Medical Waivers must be issued by the Federal Motor Carrier Safety Administration.

Federal medical waivers/exemptions

  1. Vision waiver/exemption  FMCSA no longer issues the Vision Exemptions/Waivers; please visit Vision Evaluation Report, Form MCSA–5871 | FMCSA (dot.gov) for more information on the Vision Standard final rule published on January 21, 2022.

About the Vision Evaluation Report, Form MCSA–5871:

The Qualification of Drivers; Vision Standard final rule (87 FR 3390,  Jan. 21, 2022) requires that at least annually, an individual who does not satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or the field of vision standard, or both, must be medically examined and certified by a Medical Examiner as physically qualified to operate a commercial motor vehicle.  The Medical Examiner must receive a completed Vision Evaluation Report, Form MCSA–5871, that is signed and dated by an ophthalmologist or optometrist before each required physical qualification examination.  The examination conducted by the Medical Examiner must begin not more than 45 days after an ophthalmologist or optometrist signs and dates the Vision Evaluation Report, Form MCSA–5871.

You will find the Vision Evaluation Report, form MCSA-5871 here: Medical Applications and Forms | FMCSA (dot.gov)

  1. Loss of limb exemption– Drivers with physical impairments which affect their ability to safely operate CMVs, or with missing limbs (e.g., a hand or finger, an arm, foot or leg), are required to obtain Skill Performance Evaluation Certificate (SPE).  Applications can be found through FMCSA at http://www.fmcsa.dot.gov/medical/driver-medical-requirements/skill-performance-evaluation-certificate-program. The effective date range of waivers/exemptions is entered in the Medical Examiner’s Certificate section by checking the box “Accompanied by a Skill Performance Evaluation Certificate (SPE).”​
  2. Diabetes Exemption– FMCSA no longer issues Diabetes Exemptions/Waivers for Insulin Treated Diabetes Mellitus; please visit https://www.fmcsa.dot.gov/regulations/medical/new-diabetes-standard-overview-webinar for more information on the Diabetes Standard final rule published on Sept 19, 2018.About the Insulin Treated Diabetes Mellitus (ITDM) Assessment Form, MCSA-5870–As a part of the medical certification process for insulin treated diabetes mellitus (ITDM) individuals, the Federal Motor Carrier Safety Administration requires that the Insulin Treated Diabetes Mellitus Assessment Form (ITDM), MCSA-5870, be completed by the ITDM individual’s Treating Clinician attesting that the individual has a stable insulin regimen and properly controlled diabetes. ITDM individuals are required to provide the ITDM Assessment Form, MCSA-5870, to the Certified Medical Examiner within 45 days of completion by the Treating Clinician.

You will find the Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5870 here: https://www.fmcsa.dot.gov/regulations/medical/insulin-treated-diabetes-mellitus-assessment-form-mcsa-5870

  1. Hearing Exemption– FMCSA offers hearing waivers to commercial license holders. Applications can be found through FMCSA at http://www.fmcsa.dot.gov/medical/driver-medical-requirements/driver-exemption-programs. The effective date range of the waiver is entered in the Medical Examiner’s Certificate section by checking the box “Accompanied by an exemption.”

 

Section F: CDL Skill Test Requirements

CDL Skill Test Requirements

Revised March 31, 2022

Skill Tests are Required When:

  1. All applicants applying for a 1st time New Mexico Commercial Learner’s Permit on or after February 7, 2022 must comply with Federal Regulations on Entry Level Driver Training (ELDT) 49 CFR §380.600.  This requires an applicant to attend training given by a provider on the Training Provider Registry. The website can be found here: Training Provider Registry (dot.gov).
  2. An applicant is applying for any first-time New Mexico Commercial Driver’s License and is not presenting a valid CDL from another state.
  3. Applicant is adding a passenger endorsement to any first-time or existing commercial driver’s license, class A, B or C. The applicant must attend Entry Level Driver Training with a provider on the Training Provider Registry.
  4. Applicant wishes to remove an “E” restriction (Automatic Transmission) from an existing commercial license.
  5. Applicant is adding an “S” endorsement (School Bus) to any first-time or existing class A or B commercial license. The applicant must attend Entry Level Driver Training with a provider on the Training Provider Registry.
  6. Applicant wishes to remove an “O” restriction (except Tractor-Trailer) from an existing commercial license. (Applicant must test in a tractor-trailer.)
  7. Applicant wishes to remove a “Z” restriction (No Full Air Brake Equipped) from an existing commercial license.
  8. Applicant wishes to upgrade from “P” endorsement with “N” restriction (except class A or B Bus) to a “P” endorsement with an “M” restriction (except class A Bus).
  9. Applicant wishes to remove an “L” restriction (No Air Brakes) from an existing commercial license.
  10. Applicant is upgrading any commercial license: Class “C” to Class “B” or Class “B” to Class “A”. The applicant must attend Entry Level Driver Training with a provider on the Training Provider Registry.
  11. Applicant’s license has been revoked for any reason, and they want to receive another commercial license.
  12. Applicant’s CDL has been expired more than 5 years.

Section G: Class E (Exemption) License

Revised December 11, 2017

Federal regulation allows states to exempt certain drivers from the general rule that a CDL is required to drive vehicles over 26,000 pounds.

New Mexico Class E (CDL exempt) license

By rule (18.19.5.112 NMAC) drivers with a Class E license may operate certain vehicles that are over 26,000 pounds on the public roads and highways of New Mexico without a commercial driver’s license. The Class E exempt license is available to drivers of:

  1. Recreational Vehicles – vehicles that are registered and used as recreational vehicles.
  2. Farm and Ranch Vehicles – vehicles that are:
    • controlled and operated by a farmer or rancher or an employee of a farmer or rancher;
    • used to transport agricultural products, agricultural machinery or agricultural supplies to or from a farm or ranch;
    • used within 150 miles of the ranch or farm; and
    • not used in the operations of a motor carrier or otherwise used “for hire.”
  3. Fire Fighting Vehicles – vehicles manufactured for and equipped to fight fires and equipped with audible and visual signals and operated by a person who is a member of a volunteer or paid fire organization.
  4. Military Vehicles – all vehicles owned or operated by the Department of Defense and operated by non-civilian operators. [Note: Military drivers are, however, typically licensed by the military, so would not normally need a New Mexico Class E license.]

Vehicle Certification

All first time applicants for a Class E license must provide a Vehicle Certification form (MVD-10414).

THIS IS YOUR DOCUMENTATION FOR WHY YOU ISSUED THE EXEMPTION. MAKE SURE THAT THE APPLICANT IS QUALIFIED TO RECEIVE IT.

  1. RV driver – may sign for himself.
  2. Farm or Ranch – owner may sign for himself; however, the farmer/rancher must sign for employee-applicants.
  3. Fire Fighters – Fire Chief must sign.

 

Section H: Driver Self-Certification for Issuance of a CLP or CDL

Revised December 8, 2017

Driver Self-Certification for Issuance of a Commercial Driver’s Permit or License (49 CFR 383.71)

Prior to obtaining a CLP or a CDL (1st time issuance or renewal), in accordance with federal regulations (49 CFR 383.71), the applicant must certify their current CDL driver category as one of the following:

NI – Non-Excepted Interstate
I am an interstate driver, and I am required to meet the Federal DOT medical card requirements.

EI – Excepted Interstate
I am an interstate driver, and I do not have to meet the Federal DOT medical card requirements.

NA – Non-Excepted Intrastate
I am an intrastate driver, and I am required to meet the medical requirements of the State of New Mexico.

EA – Excepted Intrastate
?I am an intrastate driver, and I do not have to meet the medical requirements of the State of New Mexico.

NOTE: The following groups may drive out of state, but are exempted from obtaining a Medical Examiner’s Certificate per Federal Motor Carrier Safety Regulation #391.2:

  1. Farm custom harvesting operations
  2. Apiarian (bees), controlled and operated by a bee keeper engaged in seasonal transportation
  3. Farm vehicles, except articulated vehicles

 

Section I: Military Skills Test Waiver

Revised 07/07/2020

In the past there was a practice (known as “grandfathering”) of waiving a required skills test for a commercial license because the applicant has been legally driving the same class for the past 24 months. Grandfathering, per se, no longer takes place.

However, a Military Skills Test Waiver is available to certain individuals who have had recent experience driving commercial motor vehicles for the military.

Military Waiver Program (49 CFR 383.77)

Even Exchange Waiver

Information and Procedures

Qualified and eligible active and recently discharged military service members, with certain MOS/Ratings, who wish to obtain their initial New Mexico Commercial Driver’s License (CDL) and can fulfill the necessary requirements will have the opportunity to have their knowledge (written) and skills testing (vehicle inspection, basic skills and road) waived.  The testing will be waived upon submittal of an original complete and acceptable New Mexico Military Even Exchange Waiver application.  The driver/applicant must hold/obtain a valid Non-CDL and meet all New Mexico residency and all other licensing requirements.

The Even Exchange waiver is not permitted for upgrades or restriction changes from a current CDL.

The application must be completed in full by both the applicant and the applicant’s Commanding Officer (CO). The application will outline the appropriate CDL class and endorsements/restrictions that the applicant qualifies for under the waiver program.  The applicant and their CO will also certify that the applicant meets all the outlined requirements to be issued the waiver.  These requirements include:

  1. The proper MOS/Rating.
  2. 1 year of military driving experience in the class of commercial motor vehicle selected on the waiver application.
  3. Is regularly employed or was regularly employed within the last year in a military position requiring operation of a CMV
  4. An applicant must certify that, during the 1-year period immediately prior to apply for a CDL, he/she:
    1. Has not simultaneously held more than one civilian license (in addition to a military license)
    2. Has not had any license suspended, revoked, or cancelled
    3. Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 383.51 (b) of Federal Regulations
    4. Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in Federal Regulations 383.51 (c)
    5. Has not had 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 crash and has no record of a crash in which he/she was at fault.

The applicant is eligible for the program for up to twelve (12) months from their date of discharge from the military. The application must include the original signatures of both the applicant’s and their CO to be acceptable.

This waiver is for the knowledge (written) and skills testing  (vehicle inspection, basic skills, and road) and only for the CDL class outlined on the application.  This waiver does not waive any applicable fees.  This waiver is available for download and/or printing under Driver’s Licenses/ID’s, Military – Hero’s to Highways at www.mvd.newmexico.gov.

All Even Exchange Waiver applications must be emailed to the CDL unit at NMCDL.HelpDesk@state.nm.us.  The CDL Unit will review and verify the application and then respond to applicant with an Approval or Denial Response Notice Email.

If the applicant gets a Denial Response Notice, that means there was an issue with their waiver application, or they did not qualify for the reason(s) indicated on the notice.

If the applicant gets an Approval Notice Email, they must bring this with them to get the CDL issued.  The Approval Notice will outline all the necessary CDL information for processing the applicant.  An Approval Notice MUST be granted before the applicant can visit a Motor Vehicle Field Office to proceed with an issuance.

When processing a Military Even Exchange Waiver applicant, please follow these procedures:

  1. Review the Approval Notice from the CDL Unit and check Tapestry for the necessary Military Even Exchange Waiver.
  2. Verify that the approval has been entered into Tapestry.  You will do this from the Search screen > All Searches tab>Seasonal/Military CDL Activities.  You will enter in the applicant’s SSN (without hyphens) to verify they have been approved to proceed with a CDL using the Military Even Change.
    1. The CDL Unit would have entered in the Comments section “Military Even Exchange Waiver”
    2. The CDL Unit will have entered the knowledge tests that are required for the approved CDL.
  3. Start the transaction like a normal CDL issuance. When you get to Issuance Type, under CDL Licenses you will select Military CDL and enter in the applicant’s SSN.  This will allow you to continue with a Military CDL Waiver issuance.

CDL Unit procedures:

  1. Verify applicant has filled out application in its entirety.
  2. Check their record to verify they do not have a suspension within the last two years.
  3. Run the applicant in AAMVA, CDLIS/PDPS to see if they have any hits that would suspend their license.
  4. Verify they marked one MOS/AFSC Rating. (Having one of these is a requirement for the even exchange)
  5. Ensure the Commanding Officer has filled out the Verification of Commercial Driving Experience for the driver.  If you need to, contact the Commanding Officer to verify information.
  6. If the application is approved, the CDL Unit agent will sign and mark the CDL designation with endorsements and restrictions, then bring to the supervisor for approval signature.  The supervisor then should update the Approval Spreadsheet.
  7. The CDL agent will then enter in to Tapestry the approval assigning by SSN.
  8. At this same time the CDL agent will also key in the knowledge tests for the approved CDL license.  NOTE: the agent may have to wait until a NM account is created by a field office.
  9. Send applicant the Approval Notice email.  Detail the items the driver must take into the field office to continue issuance.
  10. If Denied:
  11. Sign application citing denial, Supervisor should sign and track denials
  12. Enter in to Tapestry the Military/Seasonal CDL Denial (by SSN)
  13. Email the applicant the reason as to why their application is denied.

The Military Skills Test Waiver

Individuals who have been separated from military service for not more than one year, and/or were regularly employed in a military position requiring the operation of a commercial motor vehicle (CMV) for at least two years immediately preceding discharge, and who wish to obtain a first-time CDL may use the Military Skills Test Waiver so long as the requirements listed in FMCSA regulation 383.77 are met.

Those conditions require at least the following:

(a)   An applicant must certify that, during the two-year period immediately prior to applying for a CDL, he/she:

(1)   Has not had more than one license (except for a military license);

(2)   Has not had any license suspended, revoked, or cancelled;

(3)   Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in §383.51(b);

(4)   Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in §383.51(c); and

(5)   Has not had 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 he/she was at fault; and

(b)   An applicant must provide evidence and certify that he/she:

(1)   Is regularly employed or was regularly employed within the last year in a military position requiring operation of a CMV;

(2)   Was exempted from the CDL requirements in §383.3(c); and

(3)   Was operating a vehicle representative of the CMV the driver applicant operates or expects to operate, for at least the 2 years immediately preceding discharge from the military.

Military Skills Test Waiver Application Process

  1. The waiver applicant may obtain the required Application for Military Skills Test Waiver form (MVD-11198) and the optional/voluntary Placement Interest Questionnaire (MVD-11199) from the MVD web site or from an MVD Field Office.
  2. He or she must complete the application in full, including Training/Validation Office and Commanding Officer information and signatures, and submit it by email to NMCDL.HelpDesk@state.nm.us, fax (505) 476-1578 or mail to the Commercial Driver License Unit.
  3. If the applicant wishes, he or she may also complete the optional Placement Interest Questionnaire. Once the application is approved, the CDL Unit will forward the completed questionnaire to the New Mexico Trucking Association.
  4. The MVD field office cannot accept the form or process the CDL until the Application for Military Skills Test Waiver is approved by the CDL Unit.
  5. The CDL Unit will review the form and will call the applicant to approve the application or, if the application is not acceptable, to explain the reason.
  6. If the application is approved, the waiver information will be entered into Tapestry allowing a field office authorized for CDL issuances to issue a CDL using the Military CDL option.
  7. The CDL skills test will be waived for those applicants who qualify and are approved by the CDL Unit.
  8. All other CDL application requirements do still apply, including the knowledge/written test, vision test, etc

Chapter 5 Section J

Out-of-State Commercial Driver’s License

Revised December 11, 2017

New Mexico will accept the transfer of a valid commercial driver’s license from any of the other 49 states or Washington, DC, but only if the original license is still valid. This does NOT include any foreign license or a license from a U.S. Territory.

Example: A Texas class “B” commercial license comes in with “P” and “S” (school bus) endorsements.
We will issue a New Mexico class ”B” commercial license with “P” and “S” endorsements.

Requirements:
1. Applicant must surrender any other license.
2. Applicant must produce a current DOT Medical Examiner’s Certificate and any waivers.
3. Applicant must not be suspended, cancelled, revoked or disqualified in any state.
4. If applicant is coming in with a hazmat endorsement, please check with the CDL unit on remaining time for the Hazardous Materials Endorsement if Tapestry does not return a response.
5. Applicant must provide identity documents such as a birth certificate, social security card, passport, etc. and two proofs of New Mexico residence.

When making an out-of-state commercial license invalid, punch VOID in the license.

Return the VOID-punched CDL to the customer with his or her new temporary license.

Section K: CDL Skills Tests

Revised December 6, 2017

Approved Third-Party CDL Examiners

CDL skills tests are given by four distinct groups of approved third-party examiners.

Click here or on the heading above for a complete current listing of New Mexico third-party CDL examiners, in Adobe Acrobat pdf format. You can print and give this listing to any customer who requests a list of CDL examiners. It is also posted and available to the public on the MVD Internet web site.

Public Third-Party CDL Examiners:

Most CDL examiners are public third-party examiners associated with one of six New Mexico public colleges and universities. They are authorized to administer the CDL skills test to the general public, including all CDL applicants except school bus drivers. They can be contacted by anyone who requires a skills test for the issuance of a commercial driver’s license.

Operating Engineers Local #953

Local #953 of the Operating Engineers, a heavy equipment union, trains union members to operate heavy equipment, including commercial vehicles. Operating Engineers examiners are authorized only to administer the CDL skills test to their own members.

PED School Bus Transportation Division

The School Bus Transportation Division of the New Mexico Public Education Department (PED) tests all school bus drivers. PED’s school bus examiners are not authorized to test any truck drivers or coach bus drivers. They may only examine yellow school bus drivers.

SD-1xx – New Mexico Department of Transportation

The New Mexico Department of Transportation (NMDOT) tests state employees. NMDOT’s examiners are not authorized to test anyone who is not a New Mexico state employee.

Applicants applying for a New Mexico CDL are allowed to take the CDL skills test in another state so long as the applicant received training in that state as well.

 

Section L: CDL Knowledge Tests

CDL Knowledge Tests

Revised March 31, 2022

The CDL knowledge tests are NOT open book tests.

We provide study material that allows the driver to see what material the Federal Government requires him or her to know before we can issue a license. Knowledge testing is how we determine that an applicant has read the material and has understood it.

During the test, the applicant is not allowed to use any aids. There is to be no talking between applicants. Any applicant caught cheating is to be requested to leave.

If any applicant is caught cheating please go into the Exam Manager on their account, go to Exam Type, click the Fail Exam header hyperlink, choose Cheating for the reason and cancel the test session.

The customer will not be able to test for 1 year from the date the test was cancelled.

Under no conditions are the answers to be given out.

If a driver wants to know which areas to study if he or she failed the knowledge test, refer them to the CDL Driver Manual. This will give them a general idea of topics they should study. Written exam scores stay viable for one year.

The General Knowledge test is to be taken and passed before any of the Specialty CDL Knowledge tests can be taken.

An applicant must score at least 80% to pass each exam.

CDL applicants can take the CDL knowledge tests up to twice a week.

If the system prevents a clerk from starting a specific CDL test, it means that the applicant has already taken and failed 2 tests in the 7-day period prior to and including the current day. The system will not display the denied test in the dropdown box if the applicant has taken and failed the test 2 times in the 7-day period. The system will display a denial message: CDL XXX Test: Tests restricted by retesting limits. For example, if the CDL General Knowledge test has been denied, the message displayed will be: “CDL General Test: Tests restricted by retesting limits.”

An applicant wishing to add the Hazardous Materials endorsement (H or X) for the 1st time on or after February 7, 2022 must comply with ELDT.  They will need to take the theory training required for a Hazardous Materials endorsement with a provider on the Training Provider Registry before the knowledge test can be taken.  All applicants will be verified by MVD against the Training Provider Registry that the training has taken place and passed the class.

 

Section M: CDL Frequently Asked Questions

CDL Frequently Asked Questions

Revised March 31, 2022

Q:  Do we transfer an expired out-of-state CDL license?
A:  No, we only transfer current valid out-of-state CDL licenses.

Q:   An out of state CDL license is presented and has a “school bus” endorsement. Do we give them credit for it, as we do for passenger, tanker etc.?
A:  Yes, we do.

Q:  An applicant comes in with a Commercial Learner’s Permit (CLP) from another state. Do we accept it and issue a CDL license?
A:  No. Commercial Learner’s Permits (CLPs) are not transferable from state to state.

Q: What is Entry Level Driver Training regulations (ELDT)?

A: The ELDT regulations set the minimum Federal requirements for training that entry-level drivers must complete before being permitted to take certain commercial driver’s license (CDL) skills or knowledge tests on or after February 7, 2022.

 

Q: When does Entry Level Driver Training (ELDT) apply?

A: When an applicant is applying for a first time Class A or Class B CDL; upgrading an existing Class B CDL to Class A CDL; or obtaining a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time.

You may access the Training Provider website here: https://tpr.fmcsa.dot.gov/

Q:   An applicant has received a “temporary” commercial license from another state and wishes to trade it for a New Mexico commercial license. Do we do this?
A:  Yes, so long as the temporary is not expired.

Q:  How many skills tests need to be turned in for a first time Class “A” with “H”, “P”, “T”, and “N”?
A:  Two – one in a tractor trailer, and one in a Class “B” passenger vehicle. This license should also carry an “M” restriction. Or if a driver takes a skills test in a Class “C” passenger vehicle they will receive the “N” restriction.

Q:  How many skills tests need to be turned in for a first time Class “B” application with “H”, “P”, and “N” endorsements?
A:  At a minimum: one in a Class “B” passenger vehicle.

Q:  An existing Class “C” license, with “P” Endorsement moves up to a class “B.” What skills test needs to be turned in?
A:   At a minimum: one in a Class “B” passenger vehicle.

Q:  An existing Class “B” with “P” Endorsement moves up to a Class “A”, how many skills tests are needed?
A:  One, in a tractor-trailer. New Mexico does not have any Class “A” passenger vehicles. These licenses must always carry the “M” restriction. If the applicant does not test in a tractor-trailer, but tests in a truck-trailer combination, then the license will carry the “O” restriction as well.

Q:  A commercial license holder has his license revoked for a DWI in his personal car. Can he have his commercial license back?
A: He does not just get it back. §66-1-4.15(K) defines “revocation” to mean that the driver’s license and privilege to drive a motor vehicle on the public highways are terminated and shall not be renewed or restored, except that an application for a new license may be presented to and acted upon by the division after the expiration of at least one year after date of revocation. Therefore, once a commercial license is revoked for any reason, the license holder must wait the required revocation time and pay a reinstatement fee before he can apply for a new commercial license. The driver must start over with an operator’s license and then take and pass the required written tests and pass the required skills test. If the DWI was in a commercial motor vehicle, the driver will be disqualified as well as his license being revoked.

Q:  If a New Mexico commercial license holder turns in an expired license to renew must he retest?
A: No, as long as he has presented the license for renewal within 12 months of the expiration date.

Q:  If a New Mexico commercial license holder leaves the state, obtains a non-commercial license in another state, and then returns here, can he have his commercial license back?
A: Yes, but only if neither the New Mexico nor the out-of-state license has been revoked. If it has been less than a year since downgrade of the commercial license, the applicant will not have to do any retesting. If it has been more than a year since the downgrade, a driver will have to take all applicable knowledge tests pertaining to their previous CDL. If it has been more than 5 years since the downgrade, a driver will have to do all applicable knowledge tests and the skills test.

 

Non-Domiciled Commercial Driver’s License

Revised December 13, 2022

A driver can now obtain a Commercial Learners Permit (CLP) and a Commercial Driver’s License (CDL) with an unexpired Employment Authorization Card issued by USCIS or an unexpired Foreign Passport accompanied by an approved I-94 form.  These documents will be verified through Systematic Alien Verification for Entitlements System (SAVE) before the issuance can be processed.

Applicants will be required to provide proof of Social Security Number and two proofs of New Mexico Residency.  The identity documents will be required every issuance of a CLP or CDL.

  • Employment Authorization Card issued by USCIS (Unexpired) or Unexpired Foreign Passport accompanied by an approved I-94 form
  • Social Security card or valid proof of Social Security Number (SSN)
  • DOT Medical Examiner’s Certificate and/or Medical Exemption Waiver issued by the Federal Motor Carrier Safety Administration (FMCSA); or, if medically exempt, proof of qualification such as a paycheck or employee ID for a government employee
  • Two proofs of physical residency showing a New Mexico address

Please refer to:

  • Chapter 5 Section B of the Driver Procedures Manual for additional information on issuing a Commercial Learner’s Permit and/or
  • Chapter 5 Section C of the Driver Procedures Manual for additional information on procedures issuing first time CDL and/or
  • Chapter 5 Section D of the Driver Procedures Manual for additional information on Renewal, Replacement or Upgrading a CDL

Non-Domiciled Commercial Learner’s Permit (DLP) or Commercial Driver’s Licenses (CDLs) are issued to applicants that:

  1. Are domiciled in another State that has been placed out of compliance and forbidden from issuing CDL documents from FMCSA.
  2. A foreign driver holding a temporary work visa may obtain a nonresident CDL if he or she is domiciled in a foreign jurisdiction that does not test drivers and issue commercial licenses under standards equivalent to those in subparts F, G, and H of part 383 (see Section 23(b)). However, drivers from Canada and Mexico with temporary work visas are not eligible for nonresident CDLs because FMCSA has determined that commercial licenses issued by Canadian provinces and territories, and the United Mexican States, are in accordance with the standards established by our rules. Therefore, all Mexican and Canadian drivers must have an appropriate license from their home country. Finally, a foreign driver who is in this country on a temporary work visa may not obtain a resident CDL since he or she is not “domiciled” in a U.S. State, as defined in Section 383.5 (“state of domicile”).

Non-US Citizens obtaining a Commercial Learner’s Permit (CLP) or Commercial Driver’s License (CDL) must prove lawful status every time they apply for a document and verify thru the SAVE program.  Non-US Citizens presenting an Employment Authorization Card (I-766) issued by USCIS or an unexpired Foreign Passport accompanied by an approved I-94 form documenting the applicant most recent admittance into the United States, a Social Security Card and a valid passport issued to you by the country of which you are a resident along with acceptable proof New Mexico residency are issued a Non-Domiciled CLP or CDL document.

A Non-Domiciled CLP/CDL will carry the notation “non-domiciled CDL” or “non-domiciled CLP” and will be valid only for time that the individual is legally permitted to stay in the U.S. These individuals will not be eligible to receive a CLP/CDL if their authorized stay in the U.S. is less than 30 days from the date of their application. The expiration of the CDL will be the same as the expiration date shown on the document used to prove legal presence. If the document does not show an expiration date, the CDL will be valid for one year. You will not be required to surrender your foreign driver’s license.

If a Non-Domiciled applicant wishes to hold the Hazardous Materials Endorsement they must meet criteria on their work visas.  Hazmat Endorsement | Transportation Security Administration (tsa.gov)  Please refer to eligibility on the TSA website.

Links to FMCSA Regulations 49 CFR Parts 300-399

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383#p-383.71(f)

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383#p-383.5(Non-domiciled%20CLP%20or%20Non-domiciled%20CDL)

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383#p-383.23(b)(1)

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383#p-383.23(b)(2)

Footnotes – 383.23

[1] Effective December 29, 1988, the Administrator determined that commercial driver’s licenses issued by Canadian Provinces and Territories in conformity with the Canadian National Safety Code are in accordance with the standards of this part. Effective November 21, 1991, and as amended on January 19, 2017, the Administrator determined that the new Licencias Federales de Conductor issued by the United Mexican States are in accordance with the standards of this part. Therefore, under the single license provision of § 383.21, a driver holding a commercial driver’s license issued under the Canadian National Safety Code or a new Licencia Federal de Conductor issued by Mexico is prohibited from obtaining a non-domiciled CDL, or any other type of driver’s license, from a State or other jurisdiction in the United States.

Other references

Regulations Section | Federal Motor Carrier Safety Administration (dot.gov)

Residents of Mexico and Canada

The countries of Mexico or Canada have reciprocity with the U.S., therefore, individuals who hold a commercial driver license from those countries may use that license to operate a commercial motor vehicle in New Mexico.  Since Mexico and Canada are countries whose licensing standards meet the U.S. testing and licensing standards, individuals from those countries do not qualify for a non-domicile CDL.

 

 

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