49 C.F.R. § 391.31

Road test

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(a) Except as provided in subpart G, a person shall not drive a commercial motor vehicle unless he/she has first successfully completed a road test and has been issued a certificate of driver's road test in accordance with this section.

(b) The road test shall be given by the motor carrier or a person designated by it. However, a driver who is a motor carrier must be given the test by a person other than himself/herself. The test shall be given by a person who is competent to evaluate and determine whether the person who takes the test has demonstrated that he/she is capable of operating the commercial motor vehicle, and associated equipment, that the motor carrier intends to assign him/her.

(c) The road test must be of sufficient duration to enable the person who gives it to evaluate the skill of the person who takes it at handling the commercial motor vehicle, and associated equipment, that the motor carriers intends to assign to him/her. As a minimum, the person who takes the test must be tested, while operating the type of commercial motor vehicle the motor carrier intends to assign him/her, on his/her skill at performing each of the following operations:

(1) The pretrip inspection required by § 392.7 of this subchapter;

(2) Coupling and uncoupling of combination units, if the equipment he/she may drive includes combination units;

(3) Placing the commercial motor vehicle in operation;

(4) Use of the commercial motor vehicle's controls and emergency equipment;

(5) Operating the commercial motor vehicle in traffic and while passing other motor vehicles;

(6) Turning the commercial motor vehicle;

(7) Braking, and slowing the commercial motor vehicle by means other than braking; and

(8) Backing and parking the commercial motor vehicle.

(d) The motor carrier shall provide a road test form on which the person who gives the test shall rate the performance of the person who takes it at each operation or activity which is a part of the test. After he/she completes the form, the person who gave the test shall sign it.

(e) If the road test is successfully completed, the person who gave it shall complete a certificate of driver's road test in substantially the form prescribed in paragraph (f) of this section.

(f) The form for the certificate of driver's road test is substantially as follows:

Certification of Road Test

Driver's name

Type of power unit ____________ Type of trailer(s)

If passenger carrier, type of bus ____________

This is to certify that the above-named driver was given a road test under my supervision on ____________, 20____, consisting of approximately ______ miles of driving.

It is my considered opinion that this driver possesses sufficient driving skill to operate safely the type of commercial motor vehicle listed above.

(Signature of examiner) (Title) (Organization and address of examiner)

(g) A copy of the certificate required by paragraph (e) of this section shall be given to the person who was examined. The motor carrier shall retain in the driver qualification file of the person who was examined—

(1) The original of the signed road test form required by paragraph (d) of this section; and

(2) The original, or a copy of, the certificate required by paragraph (e) of this section.

(h) The information collection requirements of this section have been reviewed by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and have been assigned OMB control number 2126-0072.

[35 FR 6460, Apr. 22, 1970, as amended at 36 FR 223, Jan. 7, 1971; 59 FR 8752, Feb. 23, 1994; 60 FR 38744, July 28, 1995; 66 FR 49874, Oct. 1, 2001; 87 FR 3417, Jan. 21, 2022]

Notes of Decisions

Cited in 11 cases, 1976–2015 · leading case: Hollywood Trucking, Inc. v. Watters, 895 N.E.2d 3 (Ill. App. Ct. 2008).

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Hollywood Trucking, Inc. v. Watters, 895 N.E.2d 3 (Ill. App. Ct. 2008). · cites it 2× “Each driver is required to periodically submit to road tests ( 49 C.F.R. § 391.31 (2005)) and physical examinations ( 49 C.”

Harris v. Velichkov, 860 F. Supp. 2d 970 (D. Neb. 2012). “The relevant documents would be in the possession and control of the motor carrier.”

Roberts v. Cowan Distrib. Servs., LLC, 58 F. Supp. 3d 593 (E.D. Va. 2014). · cites it 2× “) Further, drivers had to pass a road test pursuant to 49 C.F.R. § 391.31 before driving for Defendants.”

Nat'l Labor Relations Bd. v. A. Duie Pyle, Inc., 606 F.2d 379 (3rd Cir. 1979). “51 (1978), and administer to him road tests and written examinations, 49 C.F.R. §§ 391.31 , 391.35. Pyle must compile records concerning violations of the drivers and must annually review each driver’s record to determine if he meets federal safety standards.”

Wanke v. Lynn's Transp. Co., 836 F. Supp. 587 (N.D. Ind. 1993). “Brice would provide drivers with answers to the written test-in alleged violation of 49 C.F.R. § 391.31 (8)(d), (e). Ms. Brice certified to the DOT that she had given Mr.”

Indiana Civil Rights Com'n v. Kidd & Co., Inc., 505 N.E.2d 863 (Ind. Ct. App. 1987). · cites it 2× “Under the applicable federal regulations, this test was to be "of sufficient duration to enable the person to evaluate the skill of the person who takes it at handling the motor vehicle" [ 49 C.F.R. § 391.31 (c)] and include testing on certain specified *867 skills including ".”

Vargas v. FMI, Inc., 80 Cal. Comp. Cases 111 (Cal. Ct. App. 2015). “” ( 49 C.F.R. § 391.31 (c) (2014).) A motor carrier “shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so *656 impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make…”

Usery v. Tamiami Trail Tours, Inc., 531 F.2d 224 (5th Cir. 1976). “43, 49 C.F.R. 391.31, 49 C.F.R. 391.15, 49 C.”

12 Fair empl.prac.cas. 1233, 11 Empl. Prac. Dec. P 10,916 W. J. Usery, Sec'y of Labor, United States Dep't of Labor v. Tamiami Trail Tours, Inc., 531 F.2d 224 (5th Cir. 1976). “43, 49 C.F.R. 391.31, 49 C.F.R. 391.15, 49 C.”

Hollywood Trucking, Inc. v. Watters (Ill. App. Ct. 2008). “Each driver is required to periodically submit to road tests ( 49 C.F.R. §391.31 (2005)) and physical examinations ( 49 C.”

Scott v. Elderlite Express, 148 S.W.3d 860 (Mo. Ct. App. 2004). “301 is titled “Pre-em-ployment testing,” and addresses testing for controlled substances “[p]rior to the first time a driver performs safety-sensitive functions for an employer.”

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