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(1) Any person wishing to exchange or convert a chauffeur's license to a type 1 or type 2 commercial motor vehicle operator's endorsement must:

(a) have at least 24 months experience as a commercial vehicle operator immediately preceding the date of application and be currently employed as a commercial motor vehicle operator or an owner/operator;

(b) be qualified to obtain a commercial vehicle operator's endorsement under the provisions of ARM 23.3.503 or 23.3.505 and meet the requirements for the endorsement applied for;

(c) in addition to the traffic law violation requirements of ARM 23.3.503 and 23.3.505 have neither a violation of state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, nor a record of an accident where he/she was at fault, during the two years immediately preceding the application for a commercial operator's endorsement;

(d) pay the required fee;

(i) renewal applicants pay the full 4-year fee;

(ii) conversion applicants pay a fee based on the number of years and/or portions of years remaining before expiration of their current driver's license.

(e) if the application is for a type 1 endorsement, successfully complete all written examinations required for the class of endorsement(s) applied for.

(2) If a person applying for an exchange or conversion to a commercial motor vehicle operator's endorsement does not qualify as in (1) (a) or (c) above, he/she may obtain the endorsement by successfully completing all required examinations.

(3) If a chauffeur's license is in a probationary status due to convictions resulting from violations of traffic laws occurring while operating a commercial motor vehicle, the person is ineligible for a type 1 or type 2 endorsement until the probationary status has ended and the chauffeur's license has been restored. The license may be renewed as a driver's license only.

(4) If the status of the applicant's chauffeur's license cannot be determined by the examiner the application will be processed completely, but the applicant will not be issued any type of license or permit. All application materials will be sent to driver services headquarters for a final determination of status, and the endorsed license issued or for good cause denied. If the denial relates only to the endorsement, any fee paid for the endorsement will be refunded.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-102, 61-5-105 to 61-5-108, 61-5-110 to 61-5-112, 61-5-201, 61-5-209, 61-5-210 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

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