49 CFR § 391.31
Road test
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What does 49 CFR § 391.31 require?
Every CMV driver must complete a road test before the carrier can dispatch them. The road test covers 8 specific maneuvers — pre-trip inspection, coupling/uncoupling, vehicle operation, controls, traffic, turning, backing/parking, and braking. The carrier or its qualified representative administers and certifies the test. A signed road test certificate goes in the DQF. The alternative path (49 CFR 391.33) allows the carrier to accept a CDL as equivalent to a road test, but that equivalency must be documented in the DQF — most carriers use 391.33 instead of conducting their own road test.
Regulation text (summary)
Each motor carrier shall require every CMV driver to successfully complete a road test before driving a CMV. The road test must be given by the carrier or its qualified representative and must include: (a) pre-trip inspection of the vehicle; (b) coupling and uncoupling of combination units; (c) placing the CMV in operation; (d) using the vehicle's controls and emergency equipment; (e) operating the vehicle in traffic and passing other vehicles; (f) turning the vehicle; (g) backing and parking the vehicle; and (h) braking. The carrier examiner shall prepare a certificate of road test for each driver who successfully completes the test. The certificate must be retained in the driver's qualification file (DQF) per 49 CFR 391.51.
Read full regulation at eCFR.govWho must comply with 49 CFR § 391.31?
Every motor carrier hiring CMV drivers must ensure each driver has either (a) successfully completed a road test under 49 CFR 391.31 with a signed certificate, OR (b) been accepted under 49 CFR 391.33 with a valid CDL as the road test equivalent (with documentation in the DQF). One of the two must be in the DQF before the driver operates a CMV.
What happens if you violate 49 CFR § 391.31?
Civil monetary penalties: $1,100 to $16,550 per violation per driver. Common citations: no road test certificate in DQF and no documented CDL-equivalency under 49 CFR 391.33. The most-common failure mode is carriers hiring CDL drivers and assuming the CDL itself satisfies the requirement — but 391.33 requires the carrier to DOCUMENT the equivalency (typically a signed memorandum in the DQF stating the CDL is accepted in lieu of road test, with the CDL class and issuing state).
Penalty range
Annual citations
YoY penalty trend
How to comply (implementation checklist)
- 1Designate qualified road test examiner(s) and document their qualifications.
- 2Develop a road test scoring form covering all 8 required elements.
- 3Administer the road test in the type of CMV the driver will operate (truck-tractor, straight truck, bus).
- 4Document each element's pass/fail and overall result.
- 5Issue a signed road test certificate for each driver who passes.
- 6Retain the certificate in the DQF (49 CFR 391.51).
- 7Alternatively, document CDL equivalency under 49 CFR 391.33 in lieu of administering the road test.
- 8For high-volume hiring, consider hiring a third-party road test examiner service.
- 9Audit the DQF quarterly to confirm every driver has either a road test certificate OR 391.33 documentation.
Common misinterpretations
- Misinterpretation: 'CDL drivers don't need a road test.' Reality: CDL drivers can be exempted via 49 CFR 391.33 (CDL as equivalent), but that exemption must be DOCUMENTED in the DQF. Without the 391.33 documentation, the driver needs an actual 391.31 road test.
- Misinterpretation: 'Any employee can administer the road test.' Reality: 49 CFR 391.31(b) specifies the test must be given by the carrier or its qualified representative — typically a designated driver examiner with documented training. Random employees without examiner qualification cannot administer the road test.
- Misinterpretation: 'A 1-mile drive around the parking lot is enough.' Reality: The road test must cover 8 specific maneuvers including operation in traffic, turning, backing, and braking. A test that doesn't cover all 8 elements is insufficient. Most road tests take 60-90 minutes.
Real enforcement examples
Anonymized from public FMCSA enforcement summaries. Penalty amounts reflect assessed and final settled values where disclosed.
Carrier received $26,400 penalty in 2024 after Compliance Review found 2 drivers with no road test certificate and no 391.33 CDL-equivalency documentation in the DQF. Carrier had been hiring CDL drivers and assuming the CDL was self-documenting, but had no signed memorandum accepting the CDL as the equivalent.
Source: FMCSA SafetyNet 2024 enforcement summary, anonymized
Mid-size carrier received $52,800 penalty in 2025 after audit found 4 road test certificates had been issued by an unqualified examiner (a dispatcher with no examiner training). Certificates were retroactively invalidated, requiring new tests by qualified examiners.
Source: FMCSA SafetyNet 2025 enforcement summary, anonymized
How FileFlo handles 49 CFR § 391.31
FileFlo's compliance rule-pack DQF-49CFR391.31 automatically checks every document you upload against this regulation. Auto-detects document type, parses key fields, sets renewal alerts, and surfaces this section in your audit binder if a gap is found.
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Frequently asked questions
What does a road test under 49 CFR 391.31 cover?▾
8 elements: (1) pre-trip inspection, (2) coupling and uncoupling of combination units, (3) placing the CMV in operation, (4) using vehicle controls and emergency equipment, (5) operating in traffic and passing, (6) turning the vehicle, (7) backing and parking, (8) braking. The test must cover all 8 elements.
Can I skip the road test if my driver has a CDL?▾
Yes — under 49 CFR 391.33, the carrier can accept a valid CDL as equivalent to a road test. But the equivalency must be DOCUMENTED in the DQF (typically a signed memorandum referencing the CDL number, class, and issuing state). Hiring a CDL driver without documenting 391.33 acceptance is a common audit finding.
Who can administer a road test?▾
The carrier or its qualified representative. The examiner must have documented qualifications — typically training in road test administration and experience operating the type of CMV being tested. Random employees without examiner qualification cannot administer the test.
How long must I keep a road test certificate?▾
As part of the DQF, 3 years after the driver's separation per 49 CFR 391.51(d).
Can the road test be administered remotely or by video?▾
No. The road test must be administered in person, with the examiner present in the vehicle observing the 8 required elements. Remote or video-based road tests do not satisfy 49 CFR 391.31.
How is 49 CFR 391.31 different from 49 CFR 391.33?▾
49 CFR 391.31 is the ROAD TEST requirement and the certificate documenting successful completion. 49 CFR 391.33 is the ALTERNATIVE allowing the carrier to accept a valid CDL as equivalent to the road test, provided the carrier documents that acceptance. One of the two must be in the DQF.
Related regulations
Related guides
Sources + reviewer
Primary source: eCFR.gov: 49 CFR § 391.31
Reviewed by Chad Griffith (Founder + CEO, FileFlo) on