(1) The department may issue a nondomiciled CLP or CDL to a person who meets one of the following criteria:
(a) Is domiciled in a foreign country as provided in 49 C.F.R. Sec. 383.23(b)(1) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; or
(b) Is domiciled in another state as provided in 49 C.F.R. Sec. 383.23(b)(2) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(2) A person applying for a nondomiciled CLP or CDL must:
(a) Surrender any nonresident or nondomiciled CLP or CDL issued by another state;
(b) Be in possession of a valid driver's license issued by this state or by his or her jurisdiction of domicile;
(c) Meet the requirements of 49 C.F.R. Sec. 383.71(f) as it existed on October 1, 2017, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section; and
(d) Be otherwise eligible and meet the applicable requirements for the issuance of a CLP or CDL under this chapter, including the payment of all appropriate fees.
(3) Before issuing a nondomiciled CLP or CDL, the department must establish the practical capability of disqualifying the person under the conditions applicable to a CLP or CDL issued to a resident of this state.
(4) A nondomiciled CLP or CDL issued under this section:
(a) Must be marked "non-domiciled" on the face of the document;
(b) Must include the information, be issued with the appropriate classifications, endorsements, and restrictions, and, except as may be limited under subsection (5) of this section, expire and be subject to renewal in the same manner as required for a CLP or CDL issued under this chapter;
(c) Permits operation of a commercial motor vehicle to the same extent as a CLP or CDL issued under this section; and
(d) Is valid only when accompanied by a valid driver's license issued by this state or by the person's jurisdiction of domicile.
(5) A nondomiciled CLP or CDL issued to an individual who has temporary lawful status or valid employment authorization in the United States:
(a) Is valid only when accompanied by an unexpired employment authorization document issued by the United States citizenship and immigration services or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant's most recent admittance into the United States;
(b) Must expire no later than the expiration of the individual's employment authorization document or authorized stay in the United States, or if there is no expiration date for the employment authorization or authorized stay, one year from the date of issuance; and
(c) May be renewed if the individual presents valid documentary evidence that the employment authorization document or temporary lawful status in the United States is still in effect or has been extended.
(6) A person who has been issued a nondomiciled CLP or CDL:
(a) Is subject to all applicable requirements for and disqualifications from operating a commercial motor vehicle as provided under this chapter and is subject to the withdrawal of driving privileges as provided by this title; and
(b) Must notify the department of the issuance of any disqualifications or license suspensions or revocations, whether in the United States or in the person's jurisdiction of domicile.
[ 2017 c 194 § 4; 2017 c 194 § 3.]
NOTES:
Effective date—2017 c 194 § 4: "Section 4 of this act takes effect June 1, 2018." [ 2017 c 194 § 6.]
Effective date—2017 c 194: "Except for section 4 of this act, this act takes effect October 1, 2017." [ 2017 c 194 § 5.]