61-5-123 . Waiver of skills test or knowledge test related to military commercial motor vehicles experience -- definition. (1) As used in this section, "current or former military service member" means a person: (a) honorably discharged from the armed forces of the United States; (b) currently serving in the armed forces of the United States; (c) serving in a reserve component, as defined in 37-1-138 ; or (d) honorably discharged from the reserve component after serving 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 canceled; (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 canceled; (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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