What does 49 CFR 380.109 (Driver testing) require?

Short answer

49 CFR 380.109 requires that a driver-student pass knowledge and skills tests to determine if they have successfully completed an LCV driver-training program. The tests must be constructed to determine if the driver-student possesses the required knowledge and skills set forth in Appendix F to this part.

The rule says

1. "The driver-student must pass knowledge and skills tests in accordance with the following requirements, to determine whether a driver-student has successfully completed an LCV driver-training program as specified in subpart B of this part." (49 CFR 380.109(a))

2. "All tests shall be constructed to determine if the driver-student possesses the required knowledge and skills set forth in Appendix F to this part for the specific type of LCV training program being taught." (49 CFR 380.109(a)(1))

3. "The driver-student must meet the following conditions to be certified as an LCV driver: (1) Answer correctly at least 80 percent of the questions on each knowledge test; and (2) Demonstrate that he/she can successfully perform all of the skills addressed in paragraph (a)(7) of this section." (49 CFR 380.109(b))

In plain English

The regulation requires that driver-students undergo rigorous testing to ensure they possess the necessary knowledge and skills to operate a Large Commercial Vehicle (LCV) safely. This includes both written knowledge tests and behind-the-wheel skills tests, which must be designed to assess the driver-student's mastery of specific skills and knowledge areas outlined in Appendix F. The tests are administered by qualified instructors, and the driver-student must achieve a passing score of at least 80% on the knowledge test and demonstrate successful performance of all required skills.

What to do

• Ensure that all driver-students undergo the required knowledge and skills tests as part of the LCV driver-training program.
• Verify that the tests are constructed and administered in accordance with the requirements of 49 CFR 380.109.
• Maintain accurate records of test results and certification for each driver-student.
• Ensure that only qualified LCV driver-instructors administer the skills tests and that they establish specific methods for scoring the tests.