Driver Licensing -- Implementation by US states of the classified licence system

Dear Mr. Legault:

I have the honor to refer to discussions among representatives of our Governments relating to the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570), which requires the United States Department of Transportation to issue minimum testing and licensing standards to ensure the competence of commercial motor vehicle operators. To comply with the Act, the Federal Highway Administration recently completed a rulemaking (49 C.F.R Part 383) that establishes a classified license system for commercial motor vehicles; details the knowledge, skills, and abilities that drivers of different types of commercial vehicles must possess; and outlines licensing and testing procedures. The states will issue commercial driver's licenses in accordance with the Federal standards.

The commercial driver's license regulations require the Federal Highway Administrator to make a determination as to whether the commercial vehicle operator testing and licensing standards of foreign jurisdictions meet the United States requirements. When the Administrator determines that the standards of a foreign jurisdiction do not meet those of the United States, a foreign driver will be required to obtain a non-resident commercial driver's license in order to operate a commercial vehicle in the United States.

We have completed our examination of the Canadian classified license system and related implementing regulations, as set forth in the Canadian National Safety Code, and have determined that they are equivalent to those of the United States. Accordingly, commercial driver's licenses issued by Canadian jurisdictions in conformance with the licensing standards established in the Canadian National Safety Code will be honored in the United States. Canadian drivers will not be required to obtain a non-resident commercial driver's license in order to operate commercial vehicles in this country. Moreover, to ensure the single license concept, Canadian drivers holding a commercial driver's license issued by a Canadian jurisdiction will be prohibited from obtaining a driver's license, commercial or noncommercial, from a state or other licensing jurisdiction of the United States.

I propose that, if the foregoing is acceptable to the Government of Canada, this letter and your confirmatory reply constitute an understanding between our Governments. 7he agreement will be effective upon receipt of your reply. I look forward to a continued cooperative relationship with Canada concerning the compatibility of Canadian and United States commercial driver information systems, as well as all other aspects of commercial motor vehicle safety.

Sincerely yours,

Dear Mr. Farris:

I refer to your letter dated December 23, 1988 concerning discussion among representatives of our two Governments relating to the United States' implemention [sic] of the licensing provisions of the Commercial Motor Vehicle Safety Act of 1986, After consultation among the appropriate Canadian provincial, territorial and federal authorities, I wish to confirm that the Canadian authorities welcome your extension of reciprocity to Canadian commercial drivers' licences issued by the provinces and territories in accordance with the Canadian National Safety Code.

It is our understanding that implementation by U.S. states of the classified licence system established by the recently completed Federal Highway Administration regulations will be phased in over the next several years with driver coverage not required until April 1, 1992. During this implementation period, the Canadian jurisdictions will continue to accept drivers' licences issued by the individual states of the United States.

Following examination of the classified licence regulations issued by your agency the appropriate Canadian authorities have determined that the standards set forth in those regulations are equivalent to those of the Canadian National, Safety Code. Accordingly, once implementation at the state level is complete, the Canadian Jurisdictions will extend full reciprocity to commercial drivers' licences issued by the states in conformity with U.S. standards. Consistent with the single licence concept, American drivers holding a commercial driver's licence issued by a U.S. state will be prohibited from obtaining a driver's licence, commercial or non-commercial, from a Canadian licencing [sic] jurisdiction.

I have the honour to confirm that your letter and this reply constitute an understanding between our two Governments relating to the reciprocal, recognition of commercial drivers licences. This understanding shall be effective as of the date of this reply.

My authorities share your commitment to commercial vehicle safety. The Government of Canada looks forward to further exchanges of information and continued cooperation in working towards greater compatibility in our respective approaches to transportation regulatory matters.

Yours sincerely,