Attachment A - 49 CFR § 391.31 titled, “Road test”

Federal Motor Carrier Safety Administration, DOT
(Date of certification) (Driver’s signature)
(Motor carrier’s name)
(Motor carrier’s address)
(Reviewed by: Signature) (Title)

(d) The motor carrier shall retain the
list or certificate required by this section, or a copy of it, in its files as part
of the driver’s qualification file.
(e) Drivers who have provided information required by § 383.31 of this subchapter need not repeat that information in the annual list of violations required by this section.
[35 FR 6460, Apr. 22, 1970, as amended at 35
FR 17420, Nov. 13, 1970; 52 FR 20589, June 1,
1987; 60 FR 38745, July 28, 1995]

Subpart D—Tests

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§ 391.31

Road test.

(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;

§ 391.31

(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 llllllllllllllll
Social Security No lllllllllllll
Operator’s or Chauffeur’s License No llll
State llllllllllllllllllll
Type of power unit llllll Type of trailer(s) llllllllllllllllllll
If passenger carrier, type of bus llllll
This is to certify that the above-named
driver was given a road test under my supervision on llllll, 20ll, consisting of
approximately lll 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—

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§ 391.33

49 CFR Ch. III (10–1–19 Edition)

(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.
[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]

§ 391.33

Equivalent of road test.

(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]

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Subpart E—Physical Qualifications
and Examinations
§ 391.41 Physical
qualifications
for
drivers.
(a)(1)(i) A person subject to this part
must not operate a commercial motor
vehicle unless he or she is medically
certified as physically qualified to do

so, and, except as provided in paragraph (a)(2) of this section, when onduty has on his or her person the original, or a copy, of a current medical examiner’s certificate that he or she is
physically qualified to drive a commercial motor vehicle. NOTE: Effective
December 29, 1991, and as amended on
January 19, 2017, the FMCSA Administrator determined that the Licencia
Federal de Conductor issued by the
United Mexican States is recognized as
proof of medical fitness to drive a
CMV. The United States and Canada
entered into a Reciprocity Agreement,
effective March 30, 1999, recognizing
that a Canadian commercial driver’s license is proof of medical fitness to
drive a CMV. Therefore, Canadian and
Mexican CMV drivers are not required
to have in their possession a medical
examiner’s certificate if the driver has
been issued, and possesses, a valid commercial driver license issued by the
United Mexican States, or a Canadian
Province or Territory, and whose license and medical status, including
any waiver or exemption, can be electronically verified. Drivers from any of
the countries who have received a medical authorization that deviates from
the mutually accepted compatible
medical standards of the resident country are not qualified to drive a CMV in
the other countries. For example, Canadian drivers who do not meet the
medical fitness provisions of the Canadian National Safety Code for Motor
Carriers but are issued a waiver by one
of the Canadian Provinces or Territories, are not qualified to drive a CMV
in the United States. In addition, U.S.
drivers who received a medical variance from FMCSA are not qualified to
drive a CMV in Canada.
(ii) A person who qualifies for the
medical examiner’s certificate by virtue of having obtained a medical variance from FMCSA, in the form of an
exemption letter or a skill performance
evaluation certificate, must have on
his or her person a copy of the variance
documentation when on-duty.
(2) CDL/CLP exception. (i)(A) Beginning on January 30, 2015 and through
June 21, 2021, a driver required to have
a commercial driver’s license under
part 383 of this chapter, and who submitted a current medical examiner’s

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