61-5-123. Waiver of skills test related to military commercial motor vehicles experience -- rulemaking. (1) The department may waive the skills test required for a commercial driver's license if an applicant meets the conditions in subsection (2) and is:

(a) a veteran of the armed forces of the United States who was honorably discharged;

(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) An applicant shall:

(a) certify that, during the 2-year period immediately prior to application, the applicant:

(i) did not have more than one license except for a military license;

(ii) did not have a license suspended, revoked, or canceled;

(iii) was not convicted of a disqualifying offense as provided in 49 CFR 383.51(b);

(iv) did not have more than one conviction for a serious traffic violation as provided in 49 CFR 383.51(c); and

(v) did not have any conviction for a violation of military, state, or local law relating to motor vehicle traffic control other than a parking violation arising in connection with any traffic accident and has no record of an accident in which the applicant was at fault;

(b) provide evidence and certify that:

(i) the military position in which the applicant served required regular operation over at least a 2-year period immediately prior to either discharge or application, as applicable, of a commercial motor vehicle representative of the class of motor vehicle for which the applicant is seeking a commercial driver's license; and

(ii) the applicant was exempted under 49 CFR 383.3(c) from the requirements of this part when operating a commercial motor vehicle in the military.

(3) The department shall adopt rules necessary for the administration of this section.