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United States Department of Transportation United States Department of Transportation

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?

§391.33 Equivalent of road test.

Guidance Q&A

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?

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.

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.

Regulatory Topic: Road test equivalent
Published Date: Friday, February 28, 2020
Issued Date: Friday, February 28, 2020