§ 4109. Nondomiciled commercial driver's license; nondomiciled commercial learner's permit

(a) The Commissioner may issue a nondomiciled commercial driver's license or a nondomiciled commercial learner's permit to an individual domiciled in a foreign jurisdiction if the Federal Motor Carrier Safety Administrator has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383. In addition, the Commissioner may issue a nondomiciled commercial driver's license or a nondomiciled commercial learner's permit to an individual domiciled in a state while that state is prohibited from issuing commercial driver's licenses in accordance with 49 C.F.R. § 384.405. The word “nondomiciled” must appear on the face of the nondomiciled commercial driver's license or nondomiciled commercial learner's permit. An applicant shall surrender any nondomiciled commercial driver's license or nondomiciled commercial learner's permit issued by another state. Prior to issuing a nondomiciled commercial driver's license or nondomiciled commercial learner's permit, the Commissioner shall establish the practical capability of revoking or suspending the nondomiciled commercial driver's license or nondomiciled commercial learner's permit.

(b) An applicant domiciled in a foreign jurisdiction must provide an unexpired employment authorization document (EAD) issued by the U.S. 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. No proof of domicile is required.

(c) An applicant for a nondomiciled commercial driver's license or commercial learner's permit is not required to surrender his or her foreign license.