Section 16.5 - Qualifications to Drive in Intrastate CommerceA person applying for a commercial driver license (CDL) that authorizes operation of a commercial motor vehicle (CMV) in intrastate commerce must meet the same requirements as those for interstate driving (49 CFR § 391.41), except for:
(1) The applicant must be at least 18 years of age.(2) The applicant must have held a driver license for a minimum of 3 years.(3) The applicant must meet the minimum alternative vision standards of 49 CFR § 391.44 .(4) An applicant may present the department's limb waiver certificate instead of meeting the physical requirements of 49 CFR § 391.41. Limb waivers may only be renewed through the Texas Department of Public Safety, Driver License Division Issuance Services, P.O. Box 4087, Austin, Texas 78773-0310.(5) A driver who operates a motor vehicle in intrastate commerce only, and does not transport property requiring a hazardous material placard, and was regularly employed operating a CMV in Texas prior to August 28, 1989, is not required to meet the federal physical and vision standards.(6) A driver who operates a CMV in intrastate commerce only may obtain a limb waiver from the department provided the qualifications detailed in this section are met: (A) Medical certificate required under 49 CFR § 391.43; and(B) Pass a comprehensive driving examination in the appropriate class vehicle (equipped with all necessary vehicle modifications) for the CDL that the applicant is applying.(7) An application for a Texas intrastate limb waiver includes a review of the applicant's driving record for the three-year period immediately preceding the date of the application. An applicant may obtain a waiver from the department only if their driving record: (A) contains no suspensions, revocations, disqualifications or cancellations of the driver license based on an alcohol, drug or driving related conviction or an administrative action resulting from the operation of any motor vehicle, including a personal vehicle;(B) contains no involvement in a crash for which a citation was issued resulting in a conviction for a moving violation;(C) contains no convictions for a disqualifying offense or more than one serious traffic conviction during the three-year period, which disqualified or should have disqualified the applicant in accordance with the driver disqualification provisions of Texas Transportation Code, § 522.081; or(D) contains no more than two convictions for moving violations in a CMV.(8) If the driving record shows either convictions for moving violations or crash involvement but does not indicate the type of vehicle operated or the number of miles per hour above the posted speed limit, the department may request additional official documentation (e.g., a copy of the citation or crash report, or copies of court records) from the applicant.(9) If the applicant is arrested, cited for, or convicted of any disqualifying offense or other moving violations during the period an application is pending, the applicant must immediately report such arrests, citations, or convictions to the Texas Department of Public Safety, Driver License Division Issuance Services, P.O. Box 4087, Austin, Texas 78773-0310. No waiver determination will be completed while any charge against the applicant, for what would be a disqualifying offense, is still pending. Convictions occurring during the processing of an application will be considered in the overall driving record. The applicant must also report any conviction that is not listed on the driving record because of processing delays. If a subsequent review of the applicant's driving record identifies incidents that should have been reported, any waiver issued may be revoked.(10) Applicants for a Texas intrastate limb waiver must be able to meet all other physical requirements specified in 49 CFR § 391.41 without the benefit of any other waiver.(11) Applicants for a CDL must present a valid limb waiver certificate obtained from the department's Issuance Services in Austin. A limb waiver cannot be used to obtain a Hazardous Materials Endorsement.(12) All recipients of a Texas intrastate limb waiver will be required to have a license with the appropriate restrictions as they apply. Waiver recipients will be notified in writing by means of the most recent address on file of the requirement to add the restrictions and will be given 60 days to comply. Failure to comply within the specified period may result in the revocation of any waiver and their disqualification as a CMV driver.(13) An application for the renewal of a limb waiver certificate will be granted provided: (A) the applicant's driving history continues to meet the requirements as detailed in paragraph (7) of this subsection; and(B) the limb waiver certificate continues to meet all other requirements of 49 CFR § 391.41.(14) Applicants denied a limb waiver may appeal the decision of the department by contacting the department's designee, in writing, within 20 days after receiving notification of the denial. The request for an appeal must contain the name, address, and driver license number of the applicant, the reasons why the waiver should be granted, and include all pertinent documents which support the reasons why the waiver should be granted. The denial is stayed pending the review of the director or his designee. The decision of the department's designee is final.(15) Waiver certificates will be approved by department's designee and are valid for a period not to exceed 2 years after the date of the applicant's medical examiner's physical examination.(16) If the limb waiver application is approved, the applicant must obtain a CDL with the appropriate restrictions within 60 days of the approval. Failure to obtain the CDL with the appropriate restrictions within the 60 day period may result in the cancellation of the waiver certificate. Any cancellations will require the applicant to reapply for the waiver.(17) If the limb waiver application is denied and the applicant currently holds a CDL, the CDL privilege will be cancelled and a demand for the surrender of the CDL will be made.(18) If the holder of a Texas limb waiver fails to renew the waiver, the driver will be notified in writing by the department of this requirement via the most recent address on file. Proper notification is presumed if the notification is mailed by first-class mail to the applicant or licensee at the last mailing address on file with the department. Failure to comply within a 60 day period may result in the cancellation of their CDL and the demand for the surrender of the CDL currently held.37 Tex. Admin. Code § 16.5
The provisions of this §16.5 adopted to be effective July 16, 1990, 15 TexReg 3806; Adopted by Texas Register, Volume 41, Number 37, September 9, 2016, TexReg 7117, eff. 9/14/2016; Amended by Texas Register, Volume 47, Number 45, November 11, 2022, TexReg 7560, eff. 11/17/2022