§391.33 Equivalent of road test

Question 1: If a driver was grandfathered from the skills test when he or she obtained a CDL, may an employer forego the administration of a road test as required by §391.31? [Editor's Note]

Guidance: Yes.  While the grandfathered driver has not actually taken the CDL skills test, he or she has met the conditions described in §383.77, that are used as a substitute  means of determining the driver's ability to operate the vehicle.  Therefore, a grandfathered CDL holder may be treated the same as any other CDL holder in regards to foregoing employer skills testing. [Editor's Note]

While it is not a requirement for drivers who hold CDL tank vehicle and double/triple trailers endorsements to undergo skills tests, it remains the prerogative of the motor carrier to require and enforce more stringent requirements than the minimum Federal regulations. [Editor's Note]