What does 49 CFR 391.33 (Equivalent of road test) require?

Short answer

49 CFR 391.33 allows a motor carrier to accept a valid Commercial Driver's License or a copy of a valid certificate of driver's road test as equivalent to a road test. The motor carrier must retain a copy of the license or certificate in the driver's qualification file.

The rule says

"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." (49 CFR 391.33(a))

In plain English

This rule provides an alternative to the road test required by 49 CFR 391.31. A motor carrier can accept a valid CDL or a copy of a valid certificate of driver's road test as proof that the driver has passed a road test. This is useful for drivers who have already passed a road test in another state or have a valid CDL. The motor carrier must keep a copy of the license or certificate in the driver's qualification file. In practice, this means that motor carriers can hire drivers who have already demonstrated their driving skills, without having to administer another road test.

What to do

• Verify the driver's CDL or certificate of driver's road test
• Retain a copy of the license or certificate in the driver's qualification file
• Ensure the driver's qualification file is complete and up-to-date
• Review the driver's qualification file during audits and inspections to ensure compliance with 49 CFR 391.33