49 C.F.R. § 391.33

Equivalent of road test

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(a) In place of, and as equivalent to, the road test required by § 391.31, a person who seeks to drive a commercial motor vehicle may present, and a motor carrier may accept—

(1) A valid Commercial Driver's License as defined in § 383.5 of this subchapter, but not including double/triple trailer or tank vehicle endorsements, which has been issued to him/her to operate specific categories of commercial motor vehicles and which, under the laws of that State, licenses him/her after successful completion of a road test in a commercial motor vehicle of the type the motor carrier intends to assign to him/her; or

(2) A copy of a valid certificate of driver's road test issued to him/her pursuant to § 391.31 within the preceding 3 years.

(b) If a driver presents, and a motor carrier accepts, a license or certificate as equivalent to the road test, the motor carrier shall retain a legible copy of the license or certificate in its files as part of the driver's qualification file.

(c) A motor carrier may require any person who presents a license or certificate as equivalent to the road test to take a road test or any other test of his/her driving skill as a condition to his/her employment as a driver.

[35 FR 6460, Apr. 22, 1970, as amended at 60 FR 38744, July 28, 1995; 63 FR 33277, June 18, 1998]

Notes of Decisions

Cited in 1 case, 1993–1993 · leading case: Wanke v. Lynn's Transp. Co., 836 F. Supp. 587 (N.D. Ind. 1993).

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Wanke v. Lynn's Transp. Co., 836 F. Supp. 587 (N.D. Ind. 1993). “49 C.F.R. § 391.33 provides that a motor carrier may, in place of a road test, accept a valid operator’s license that a state has issued to him after successful completion of a road test.”

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