May States allow third party testers to administer CDL knowledge tests for all classes and endorsements, without any State examiner being present?
NOTE: This guidance revises FMCSA-CDL-383.75-Q01, re-issued on March 8, 2019, and rescinded on June 22, 2022.
Part 383 – Commercial Driver’s License Standards; Requirements and Penalties
Commercial Driver’s License Standards; Third Party Testing
Question 1: May States allow third party testers to administer CDL knowledge tests for all classes and endorsements, without any State examiner being present?
Guidance: Yes. FMCSA’s current statutory authorities and regulations do not prohibit States from permitting third party testers to administer CDL knowledge tests. While FMCSA encourages States relying on third party knowledge testers to follow the training and record check standards currently applicable to State CDL knowledge examiners, as set forth in 49 CFR 384.228, this is not a regulatory requirement. If an employee of the State who is authorized to supervise knowledge testing is present during the testing, then FMCSA regards it as being administered by the State and not by a third party.
Contact Info: FMCSA Commercial Driver’s License Division, CDLcompliance@dot.gov
Note: This guidance document does not have the force and effect of law and is not meant to bind the public in any way. It is intended only to provide information and clarity regarding existing requirements under the law or agency policies.