Substitutes
When a test can be waived, and when it can be taken elsewhere
Two provisions sit outside the ordinary path, and they do genuinely different things — one removes a test, the other moves it. § 383.77 lets a State waive the requirements of § 383.23(a)(1) and § 383.25(a)(3) that a person pass a knowledge test for a permit or license, for current or former military service members as § 383.5 defines them, who meet the conditions and limitations the section sets out. Those conditions turn on the year immediately before the application: the applicant must certify and provide evidence about how they were regularly employed and designated during that period. The waiver is of the KNOWLEDGE test and is a State option — a State may waive, not must — so its availability is a question for the State of application.
§ 383.79 is about place rather than exemption. A State may administer its driving skills test to a person who took training in that State and is to be licensed in another United States jurisdiction — their State of domicile — with the results transmitted electronically, directly, efficiently and securely from the testing State to the licensing State. The obligation on the other end is the useful half: the State of domicile MUST accept the results of a driving skills test administered by any other State in fulfillment of the applicant’s testing requirements under § 383.71. A driver trained away from home does not test twice.
§ 383.79(b) adds one more accommodation. An active-duty military service member may apply for a permit or a license in the State where the individual is stationed but not domiciled, if the section’s requirements are met — a deliberate exception to the rule, running through everything else in this book, that you are licensed by your State of domicile. Keep the two provisions apart when you rely on them: § 383.77 is a waiver of a test, § 383.79 is permission to take one somewhere else.
Key terms
Military knowledge test waiverOut-of-State skills testingState of domicileActive-duty applicant