Arizona Laws 28-3229. Military applicants; driving test waiver; requirements
A. The department may waive the requirement that an original applicant for a class A, B or C license take the driving test prescribed by section 28-3223, subsection A, paragraph 5 if the applicant is on active duty in the armed forces of the United States or has separated from the armed forces of the United States under honorable conditions and certifies that during the two-year period immediately before application all of the following apply:
Terms Used In Arizona Laws 28-3229
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles that is used in commerce to transport passengers or property and that includes any of the following:
(a) A motor vehicle or combination of motor vehicles that has a gross combined weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds. See Arizona Laws 28-3001
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Disqualification: means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle. See Arizona Laws 28-3001
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Driver license: means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle. See Arizona Laws 28-101
- 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.
- Original applicant: means any of the following:
(a) An applicant who has never been licensed or cannot provide evidence of licensing. See Arizona Laws 28-3001
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. The applicant has not had more than one driver license, other than a military license.
2. The applicant has not had any driver license suspended, revoked or canceled.
3. The applicant has not been convicted of an offense committed while operating any type of motor vehicle that would subject the applicant to mandatory disqualification pursuant to section 28-3312.
4. The applicant has not been found responsible for or guilty of a moving traffic violation that results in a motor vehicle accident and has no record of a motor vehicle accident in which the applicant is at fault.
B. The department may waive the driving test pursuant to subsection A of this section if the applicant certifies and provides evidence as prescribed by the department that all of the following apply:
1. The applicant is regularly employed or within the time period prescribed in the United States department of transportation commercial driver’s license standards, requirements and penalties, 49 C.F.R. § 383.77, was regularly employed in a military position requiring operation of a commercial motor vehicle.
2. The applicant is exempt from commercial driver licensing requirements pursuant to section 28-3152, subsection A, paragraph 1 or a comparable law of another state implementing 49 C.F.R. § 383.3(c).
3. For at least two years immediately before separating from the armed forces of the United States under honorable conditions the applicant operated a motor vehicle that is representative of the class of motor vehicle that the applicant operates or expects to operate.
C. An applicant who obtains a driving test waiver under this section shall take and successfully pass any knowledge test required pursuant to this chapter.