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The Florida Senate

2004 Florida Statutes

Section 322.54, Florida Statutes 2004

322.54  Classification.--

(1)  Except as provided in s. 322.53, effective April 1, 1992, a person may not drive any motor vehicle not authorized by the classification of his or her driver's license.

(2)  The department shall issue, pursuant to the requirements of this chapter, drivers' licenses in accordance with the following classifications:

(a)  Any person who drives a motor vehicle combination having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of 26,001 pounds or more must possess a valid Class A driver's license, provided the gross vehicle weight rating, declared weight, or actual weight, whichever is greatest, of the vehicle being towed is more than 10,000 pounds. Any person who possesses a valid Class A driver's license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle within this state.

(b)  Any person, except a person who possesses a valid Class A driver's license, who drives a motor vehicle having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of 26,001 pounds or more must possess a valid Class B driver's license. Any person, except a person who possesses a valid Class A driver's license, who drives such vehicle towing a vehicle having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of 10,000 pounds or less must possess a valid Class B driver's license. Any person who possesses a valid Class B driver's license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle, other than the type of motor vehicle for which a Class A driver's license is required, within this state.

(c)  Any person, except a person who possesses a valid Class A or a valid Class B driver's license, who drives a motor vehicle combination having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of 26,001 pounds or more must possess a valid Class C driver's license. Any person who drives a motor vehicle combination having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of less than 26,001 pounds and who is required to obtain an endorsement pursuant to paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) of s. 322.57, must possess a valid Class C driver's license that is clearly restricted to the operation of a motor vehicle or motor vehicle combination of less than 26,001 pounds. Any person who possesses a valid Class C driver's license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle, other than the type of motor vehicle for which a Class A or a Class B driver's license is required, within this state.

(d)  Any person, except a person who possesses a valid Class A, valid Class B, or valid Class C driver's license, who drives a truck or a truck tractor having a gross vehicle weight rating, a declared weight, or an actual weight, whichever is greatest, of 8,000 pounds or more but less than 26,001 pounds, or which has a width of more than 80 inches must possess a valid Class D driver's license. Any person who possesses a valid Class D driver's license may, subject to the appropriate restrictions and endorsements, drive any type of motor vehicle, other than the type of motor vehicle for which a Class A, Class B, or Class C driver's license is required, within this state.

(e)  Any person, except a person who possesses a valid Class A, valid Class B, valid Class C, or valid Class D driver's license, who drives a motor vehicle must possess a valid Class E driver's license. Any person who possesses a valid Class E driver's license may, subject to the appropriate restrictions and endorsements, drive any type of motor vehicle, other than the type of motor vehicle for which a Class A, Class B, Class C, or Class D driver's license is required, within this state.

(3)  Subject to paragraphs (a) and (b), nothing in this section prohibits a person who is not a resident of this state and who possesses a valid driver's license issued by another jurisdiction from driving a motor vehicle within this state.

(a)  Any nonresident who drives a commercial motor vehicle within this state must possess a valid commercial driver's license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986.

(b)  The department shall enter into agreements with other jurisdictions to implement and administer this subsection.

(4)(a)  Except as provided in paragraph (b), any person who operates a commercial motor vehicle and who does not possess a valid commercial driver's license authorizing such operation is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

(b)  Any person whose commercial driver's license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18

History.--s. 5, ch. 89-282; s. 426, ch. 95-148; s. 13, ch. 95-247; s. 45, ch. 95-333.