Chapter 5, Section H:
Commercial Driver Statement (49CFR383.71)

Revised February 28, 2008


Commercial Driver Statement (49CFR383.71)


Every applicant for a new or renewal CDL must check boxes 1 and 2 or box 3 of the "Commercial Driver Statement" portion of the driver license application form. In accordance with federal regulations (49CFR383.71):

  1. Any applicant who will be driving commercially out of state must check the statement, “I am subject to the driver qualification requirements of federal motor carrier requirements, Part 391.”

  2. If item “1” above is checked, “I certify that I am in compliance with those regulations” must also be checked.

  3. When the applicant is a New Mexico driver only, the statement, “I am not subject to the qualification requirements of federal motor carrier regulations, Part 391” must be checked.

The application must have this statement answered by the applicant. There are absolutely no exceptions. “Driver Qualification Requirements” refers to the age, physical, knowledge and skills test requirements of federal regulation 49CFR383.71.


Most all-commercial drivers will check “1” and “2”. This affects all drivers who will be crossing state lines. Those applicants who are “exempt” from having to comply with the federal medical requirements, or who could not pass the required “DOT” physical but have been issued a New Mexico only valid medical waiver will mark “3” only.


Those who are exempt by federal law are all government employees (County, City, State, and Federal). The government employees exemption only applies if the employee is driving a governmental vehicle. School bus drivers fall under this category. Buses that are owned by bus contractors and are under contract to the State Board of Education also qualify at this time.


NOTE: The following groups drive out of state, yet would mark “3” because the Federal Government exempts them from having to comply with interstate driver qualifications:

  1. Farm custom harvesting

  2. Apiarian (bees), controlled and operated by a bee keeper engaged in seasonal transportation

  3. Farm vehicles, except articulated vehicles