Florida Statutes 322.57 – Tests of knowledge concerning specified vehicles; endorsement; nonresidents; violations
Current as of: 2023 | Check for updates
|
Other versions
(1) In addition to fulfilling any other driver licensing requirements of this chapter, a person who:
For details, see Fla. Stat. § 775.082(4)(a)
(a) Drives a double or triple trailer must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 322.57
- Commercial driver license: means a Class A, Class B, or Class C driver license issued in accordance with the requirements of this chapter. See Florida Statutes 322.01
- Commercial motor vehicle: means any motor vehicle or motor vehicle combination used on the streets or highways, which:(a) Has a gross vehicle weight rating of 26,001 pounds or more;(b) Is designed to transport more than 15 persons, including the driver; or(c) Is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Florida Statutes 322.01
- Department: means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives. See Florida Statutes 322.01
- Drive: means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. See Florida Statutes 322.01
- Driver license: means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator's license as defined in 49 U. See Florida Statutes 322.01
- Endorsement: means a special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers. See Florida Statutes 322.01
- Hazardous materials: means any material that has been designated as hazardous under 49 U. See Florida Statutes 322.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and electric bicycles as defined in…. See Florida Statutes 322.01
- Motorcycle: means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, tri-vehicle, or moped. See Florida Statutes 322.01
- Passenger vehicle: means a motor vehicle designed to transport more than 15 persons, including the driver, or a school bus designed to transport more than 15 persons, including the driver. See Florida Statutes 322.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Resident: means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to…. See Florida Statutes 322.01
- school: includes all preelementary, elementary, secondary, and postsecondary schools. See Florida Statutes 322.01
- State: means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia. See Florida Statutes 322.01
- Tank vehicle: means a vehicle that is designed to transport any liquid or gaseous material within a tank either permanently or temporarily attached to the vehicle, if such tank has a designed capacity of 1,000 gallons or more. See Florida Statutes 322.01
- United States: means the 50 states and the District of Columbia. See Florida Statutes 322.01
- Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or electric bicycle. See Florida Statutes 322.01
- veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
(b) Drives a passenger vehicle must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles and a test of his or her driving skill in such a vehicle.(c) Drives a school bus must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles and a test of his or her driving skill in such a vehicle. This subsection shall be implemented in accordance with 49 C.F.R. 383.123.(d) Drives a tank vehicle must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles.(e) Drives a vehicle that transports hazardous materials and that is required to be placarded in accordance with 49 C.F.R. part 172, subpart F, must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles. Knowledge tests for hazardous-materials endorsements may not be administered orally for individuals applying for an initial hazardous-materials endorsement after June 30, 1994.(f) Operates a tank vehicle transporting hazardous materials must successfully complete the tests required in paragraphs (d) and (e) so that the department may issue a single endorsement permitting him or her to operate such tank vehicle.(g) Drives a motorcycle must successfully complete a test of his or her knowledge concerning the safe operation of such vehicles and a test of his or her driving skills on such vehicle. A person who successfully completes such tests shall be issued an endorsement if he or she is licensed to drive another type of motor vehicle. A person who successfully completes such tests and who is not licensed to drive another type of motor vehicle shall be issued a Class E driver license that is clearly restricted to motorcycle use only.
(2) Before driving or operating any vehicle listed in subsection (1), a person must obtain an endorsement on his or her driver license. An endorsement under paragraph (a), paragraph (b), paragraph (c), paragraph (d), paragraph (e), or paragraph (f) of subsection (1) shall be issued only to persons who possess a valid Class A, valid Class B, or valid Class C driver license.
(3)(a) A person who is not a resident of this state and who possesses a valid driver license issued by another jurisdiction may drive a motor vehicle within this state; however, any nonresident who drives a commercial motor vehicle within this state must possess a valid commercial driver license with proper endorsements issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986.
(b) The department shall enter into agreements with other jurisdictions to implement and administer this subsection.
(4)(a) As used in this subsection, the term “servicemember” means a member of any branch of the United States military or military reserves, the United States Coast Guard or its reserves, the Florida National Guard, or the Florida Air National Guard.
(b) The department shall waive the requirement to pass the Commercial Driver License Skills Tests for servicemembers and veterans if:
1. The applicant has been honorably discharged from military service within 1 year of the application, if the applicant is a veteran;
2. The applicant is trained as an MOS 88M Army Motor Transport Operator or similar military job specialty;
3. The applicant has received training to operate large trucks in compliance with the Federal Motor Carrier Safety Administration; and
4. The applicant has at least 2 years of experience in the military driving vehicles that would require a commercial driver license to operate.
(c) An applicant must complete every other requirement for a commercial driver license within 1 year of receiving a waiver under paragraph (b) or the waiver is invalid.
(d) The department shall adopt rules to administer this subsection.
(5)(a) Except as provided in paragraph (b), any person who operates a commercial motor vehicle and who does not possess a valid commercial driver license authorizing such operation is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person whose commercial driver license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state, is guilty of a nonmoving violation, punishable as provided in s. 318.18.