27 CAR Part 32 — Restricted Commercial Driver License

Chapter I

Subchapter C

Subpart 1

27 CAR § 32-101 Definitions {#sec-27-car-32-101 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-101}

27 CAR § 32-101. Definitions.

As used in this part:

(1) “Restricted commercial driver license” means a license issued in accordance with 49 C.F.R. pt. 383 as amended, to seasonal drivers of:

(A) Farm retail outlets and suppliers;

(B) Agrichemical businesses;

(C) Custom harvesters; and

(D) Livestock feeders;

(2)(A) “Season” means any one hundred eighty (180) days within a twelve-month period but shall not be broken down in increments other than calendar months.

(B) An example of a season is March through May and October through December; and

(3) “Twelve-month period” means the twelve (12) months beginning with the month of validation for a restricted CDL.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120

27 CAR § 32-102 Valid restricted CDL classes {#sec-27-car-32-102 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-102}

27 CAR § 32-102. Valid restricted CDL classes.

(a) Restricted CDL holders shall be limited to operating Class B or Class C vehicles as described in 49 C.F.R. pt. 383.

(b) Provided, that a holder of a Class B or Class C restricted CDL is also authorized to operate any Class D noncommercial vehicle.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120

27 CAR § 32-103 150-mile limit {#sec-27-car-32-103 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-103}

27 CAR § 32-103. 150-mile limit.

Any person who holds a restricted CDL shall not operate a commercial motor vehicle beyond one hundred fifty (150) miles from the place of business or farm currently being served.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120

27 CAR § 32-104 Restricted CDL fee {#sec-27-car-32-104 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-104}

27 CAR § 32-104. Restricted CDL fee.

The fee for a restricted CDL shall be the same as for an unrestricted CDL.

History

• Codification Notes: “CDL” means commercial driver license. Authorities: Arkansas Code § 27-23-110; Arkansas Code § 27-23-120

27 CAR § 32-105 Applicant certifications {#sec-27-car-32-105 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-105}

27 CAR § 32-105. Applicant certifications.

(a) Every applicant for restricted CDL must certify to a good driving record as found in 49 C.F.R. pt. 383, as amended.

(b) False certifications will result in cancellation of the license.

(c) The good driving record criteria are:

(1) No multiple licenses;

(2) No driver’s license suspensions, revocations, or cancellations of any kind;

(3) No convictions in any type of motor vehicle for:

(A) Driving under the influence of alcohol or drugs;

(B) Leaving the scene of an accident; or

(C) Committing any felony involving a motor vehicle;

(4)(A) No convictions whatsoever in any type of motor vehicle for serious traffic violations, i.e.:

(i) Speeding at fifteen miles per hour (15 m.p.h.) greater than the posted limit;

(ii) Reckless driving;

(iii) Improper or erratic lane changes; or

(iv) Following too closely.

(B) This represents a higher standard than that required in 49 C.F.R. § 383.77(a); and

(5) No convictions for accident-connected traffic law violations, and no record of at-fault accidents.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120

27 CAR § 32-106 Endorsements {#sec-27-car-32-106 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-106}

27 CAR § 32-106. Endorsements.

(a) Any restricted CDL applicant may apply for and receive without test, any CDL endorsement (H, T, N, X) except P (passenger).

(b) Applicants who need the passenger endorsement for a commercial motor vehicle must:

(1) Apply for a regular unrestricted CDL; and

(2) Pass appropriate exams.

(c) Provided that the H endorsement on a restricted CDL shall restrict the driver to transport:

(1) Not more than one thousand gallons (1,000 gals.) of diesel fuel;

(2) Not more than three thousand gallons (3,000 gals.) of liquid fertilizer; or

(3) Solid fertilizer that is not mixed with any organic substance.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120

27 CAR § 32-107 Revalidation {#sec-27-car-32-107 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-107}

27 CAR § 32-107. Revalidation.

(a)(1) Each restricted CDL shall be issued for the same time period as a regular CDL, four (4) years.

(2) However, each restricted CDL must be revalidated by the Department of Finance and Administration prior to each commercial motor vehicle (CMV) season by means of confirmation of the driver’s good driving record as set out by the amended portions of 49 C.F.R. pt. 383.

(b) Such revalidation shall require a new restricted CDL to be issued showing the new CMV season and a duplicate fee shall be charged.

(c) No revalidation for a new season shall be allowed until twelve (12) months from the month of the last validation have passed.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120

27 CAR § 32-108 Changing seasons {#sec-27-car-32-108 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-108}

27 CAR § 32-108. Changing seasons.

(a) Once a restricted CDL holder has his or her license, he or she may change his or her entire season or any unused part of his or her season anytime within the twelve (12) months following the last validation of his or her restricted CDL, provided that his or her total season shall not be in excess of one hundred eighty (180) days within the twelve-month period.

(b) Any such change of season will require a new license to be issued and duplicate fee shall be charged.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120

27 CAR § 32-109 Revocation for unauthorized use {#sec-27-car-32-109 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-109}

27 CAR § 32-109. Revocation for unauthorized use.

Use of the restricted CDL in activities not related to employment of the designated industries enumerated in 27 CAR § 32-101(1) shall be grounds for the revocation of the restricted CDL.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120

27 CAR § 32-110 Requirements, sanctions same as unrestricted CDL {#sec-27-car-32-110 omnilex-key=us-ar-regs-official--title-27-part-32--27 CAR § 32-110}

27 CAR § 32-110. Requirements, sanctions same as unrestricted CDL.

With the exception of knowledge and skills tests, the issuance of a restricted CDL shall impose the same requirements and sanctions on the license and employer as would be on an unrestricted CDL.

History

• Codification Notes: “CDL” means commercial driver license. Authority: Arkansas Code § 27-23-120