61-5-123. Waiver of skills test or knowledge test related to military commercial motor vehicles experience. (1) As used in this section, “current or former military service member” means a person:

Terms Used In Montana Code 61-5-123

  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

    (i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

    (ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

    (iii)is designed to transport at least 16 passengers, including the driver;

    (iv)is a school bus; or

    (v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101

  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Motor vehicle: means :

    (i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;

    (ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or

    (iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101

  • person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. See Montana Code 61-1-101
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101

(a)honorably discharged from the armed forces of the United States;

(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)The department may waive the skills test, knowledge test, or both, required for a commercial driver‘s license if an applicant is a current or former military service member and meets the conditions in subsection (3), (4), or (5).

(3)A current or former military service member applying for waiver of the skills test shall:

(a)certify and provide evidence that the member:

(i)is or was regularly employed within the last year in a military position requiring operation of a commercial motor vehicle;

(ii)was exempted from the commercial driver’s license requirements in 61-8-803; and

(iii)was operating, for at least 2 years immediately preceding separation from the military, a vehicle representative of the commercial motor vehicle type the driver applicant operates or expects to operate; and

(b)certify that during the 2-year period immediately prior to applying for a commercial driver’s license, the member:

(i)has not simultaneously held more than one civilian license;

(ii)has not had any license suspended, revoked, or cancelled;

(iii)has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 61-8-802;

(iv)has not had any convictions for a violation of federal, military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and

(v)has no record of an accident in which the current or former military service member was at fault.

(4)A current or former military service member applying for waiver of the knowledge test shall certify and provide evidence that during the 1-year period immediately prior to the application, the member:

(a)is or was regularly employed and designated as a:

(i)motor transport operator—88M (Army);

(ii)PATRIOT launching station operator—14T (Army);

(iii)fueler—92F (Army);

(iv)vehicle operator—2T1 (Air Force);

(v)fueler—2F0 (Air Force);

(vi)pavement and construction equipment operator—3E2 (Air Force);

(vii)motor vehicle operator—3531 (Marine Corps); or

(viii)equipment operator—E.O. (Navy);

(b)is operating a vehicle representative of the commercial motor vehicle type the driver applicant expects to operate on separation from the military or operated a similar vehicle type immediately preceding separation from the military;

(c)has not simultaneously held more than one civilian license;

(d)has not had any license suspended, revoked, or cancelled;

(e)has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 61-8-802;

(f)has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in 61-8-803;

(g)has not had any convictions for a violation of federal, military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and

(h)has no record of an accident in which the current or former military service member was at fault.

(5)A current or former military service member applying for waiver of the applicable skills and knowledge tests for a passenger, tank vehicle, or hazardous materials endorsement shall certify and provide evidence that during the 1-year period immediately prior to the application, the member:

(a)is or was regularly employed in a military position requiring:

(i)operation of a passenger commercial motor vehicle if requesting waiver of the skills and knowledge test for a passenger endorsement;

(ii)operation of a tank vehicle if requesting waiver of the skills and knowledge test for a tank vehicle endorsement; or

(iii)transportation of hazardous materials if requesting waiver of the skills and knowledge test for a hazardous materials endorsement;

(b)has not simultaneously held more than one civilian license;

(c)has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 61-8-802;

(d)has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in 61-8-803;

(e)has not had any convictions for a violation of federal, military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and

(f)has no record of an accident in which the current or former military service member was at fault.

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