C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 383—COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart H—Tests

49 C.F.R. § 383.131

Test manuals

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(a) Driver information manual. (1) A State must provide an FMCSA pre-approved driver information manual to a CLP or CDL applicant. The manual must be comparable to the American Association of Motor Vehicle Administrators' (AAMVA's) “2005 CDL Test System (July 2010 or newer Version) Model Commercial Driver Manual”, which FMCSA has approved and provides to all State Driver Licensing Agencies. The driver information manual must include:

(i) Information on how to obtain a CDL and endorsements;

(ii) Information on the requirements described in § 383.71, the implied consent to alcohol testing described in § 383.72, the procedures and penalties contained in § 383.51(b) to which a CLP or CDL holder is exposed for refusal to comply with such alcohol testing, State procedures described in § 383.73, and other appropriate driver information contained in subpart E of this part;

(iii) Information on vehicle groups and endorsements as specified in subpart F of this part;

(iv) The substance of the knowledge and skills that drivers must have, as outlined in subpart G of this part for the different vehicle groups and endorsements; and

(v) Details of testing procedures, including the purpose of the tests, how to respond, and directions for taking the tests.

(2) A State may include any additional State-specific information related to the CDL testing and licensing process.

(b) Examiner information manual. (1) A State must provide an FMCSA pre-approved examiner information manual that conforms to model requirements in paragraphs (b)(1)(i-xi) of this section to all knowledge and skills test examiners. To be pre-approved by FMCSA, the examiner information manual must be comparable to AAMVA's “2005 CDL Test System (July 2010 or newer Version) Model CDL Examiner's Manual,” which FMCSA has approved and provides to all State Driver Licensing Agencies. The examiner information manual must include:

(i) Information on driver application procedures contained in § 383.71, State procedures described in § 383.73, and other appropriate driver information contained in subpart E of this part;

(ii) Details on information that must be given to the applicant;

(iii) Details on how to conduct the knowledge and skills tests;

(iv) Scoring procedures and minimum passing scores for the knowledge and skills tests;

(v) Information for selecting driving test routes for the skills tests;

(vi) List of the skills to be tested;

(vii) Instructions on where and how the skills will be tested;

(viii) How performance of the skills will be scored;

(ix) Causes for automatic failure of skills tests;

(x) Standardized scoring sheets for the skills tests; and

(xi) Standardized driving instructions for the applicants.

(2) A State may include any additional State-specific information related to the CDL testing process.

[76 FR 26891, May 9, 2011, as amended at 81 FR 68347, Oct. 4, 2016]
Notes of Decisions
Cited in 3 cases, 2018–2020 · leading case: Benedict v. Hankook Tire Co. Ltd., 286 F. Supp. 3d 785 (E.D. Va. 2018).
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Benedict v. Hankook Tire Co. Ltd., 286 F. Supp. 3d 785 (E.D. Va. 2018). “111 (a)(14) (requiring drivers to know "when and how to make emergency maneuvers" but not imposing a clear rule concerning how specifically to react).”
Jessica Jones v. David Wiseman (6th Cir. 2020). · cites it 5× “111 (general areas of knowledge required, including “the importance of proper visual search”), 49 C.F.R. § 383.131 (addressing test manuals for commercial operators), and 49 C.”
Meador v. Starr Indem. & Liab. Ins. Co. (E.D. La. 2020). “86 Rucoba explained Plaintiff should have straightened the vehicle to line up with the pavement to get it under control before eventually reentering the highway, instead of “what he chose to do, which [was] an overcorrection to the left, which ultimately caused the vehicle to go…”
— 49 C.F.R. § 383.131(a)(iv) — 1 case
Jessica Jones v. David Wiseman (6th Cir. 2020). “111 (general areas of knowledge required, including “the importance of proper visual search”), 49 C.F.R. § 383.131 (addressing test manuals for commercial operators), and 49 C.”
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