Attachment H - 49 CFR § 391.33 titled, “Equivalent of road test.”

§ 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]

kpayne on VMOFRWIN702 with $$_JOB

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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