49 CFR § 391.33 — Equivalent of road test
49 CFR — Transportation · FMCSA / DOT
49 CFR 391.33 lets the carrier skip the road test in 49 CFR 391.31 by accepting a valid CDL (or 12-month state license) as equivalent. This is how most carriers handle CDL hires — they don't conduct their own road test, they document acceptance of the CDL. The critical requirement: the acceptance must be DOCUMENTED in the DQF. A blank DQF with just a CDL copy is not enough — the carrier must have a written record of having accepted the license as equivalent. Most carriers use a simple memorandum: 'CDL #X (Class Y, State Z) accepted in lieu of 49 CFR 391.31 road test on [date].'
Regulation summary
In place of conducting a road test under 49 CFR 391.31, a motor carrier may accept a copy of a valid Commercial Driver's License (CDL) or, if the driver holds a state license that has been valid for the previous 12 months, the carrier may accept that as evidence of the driver's ability to safely operate the type of CMV being driven. The carrier must document its acceptance of the alternative — typically with a signed memorandum or notation in the DQF referencing the license type, number, and issuing state.
Who must comply
Motor carriers choosing to use the 391.33 equivalent in lieu of administering a 391.31 road test. This is optional — carriers can administer the road test instead if they prefer. Most carriers hiring CDL drivers use 391.33 because (1) the driver already passed a state CDL skills test, (2) it saves the carrier 60-90 minutes per hire, (3) it eliminates the need for qualified examiners on staff. Carriers hiring non-CDL drivers must conduct the 391.31 road test (or use 391.33 with a 12-month valid state license).
What happens if violated
Civil monetary penalties: $1,100 to $16,550 per violation per driver. The most-common citation: carrier accepted the CDL but didn't document the acceptance — auditor finds the CDL in the DQF but no signed memorandum or notation indicating the carrier accepted it as the 391.33 equivalent. Without the documentation, the carrier defaults to needing a 391.31 road test certificate, and the absence of one is the violation.
Implementation checklist
- Confirm the driver has a valid CDL (or 12-month-valid state license for non-CDL CMVs).
- Verify CDL class matches the type of CMV being operated (Class A, B, or C).
- Document the carrier's acceptance with a signed memorandum or DQF notation: license type, number, issuing state, date accepted, accepter's signature.
- Cross-reference CDL endorsements (hazmat, passenger, school bus, tanker) against the role.
- Retain the CDL copy + 391.33 acceptance documentation in the DQF.
- Train HR/onboarding staff on the 391.33 documentation requirement.
- Audit DQFs quarterly to ensure every CDL-driver hire has both the CDL copy AND the 391.33 acceptance documentation.
Common misinterpretations
- Misinterpretation: 'A CDL in the DQF is self-documenting.' Reality: The CDL alone is not enough — 49 CFR 391.33 requires the carrier to DOCUMENT its acceptance of the CDL as equivalent. A simple memorandum stating 'CDL #X accepted in lieu of road test' is the standard practice.
- Misinterpretation: 'I can use 391.33 for any driver license.' Reality: 49 CFR 391.33 accepts a CDL OR a state license that has been valid for the preceding 12 months. A learner's permit, recently-issued license, or out-of-state license less than 12 months old does not satisfy 391.33.
- Misinterpretation: '391.33 means I don't need any qualification check.' Reality: 391.33 only replaces the ROAD TEST requirement. All other qualification requirements (49 CFR 391.11, application 391.21, prior employer inquiry 391.23, MVR 391.23/391.25, medical certificate 391.43, FMCSA Clearinghouse query 382.701) still apply.
Frequently asked questions
What is the 49 CFR 391.33 equivalent of a road test?
A valid CDL, or a state license that has been valid for the preceding 12 months. The carrier may accept either as evidence of the driver's ability to operate the CMV, in lieu of conducting a road test under 49 CFR 391.31. The acceptance must be documented in the DQF.
Does 49 CFR 391.33 eliminate the need for any qualification check?
No — 391.33 only replaces the ROAD TEST requirement. All other qualification requirements still apply: 49 CFR 391.11 (general qualifications), 391.21 (application), 391.23 (prior employer inquiry, MVR, Clearinghouse query), 391.25 (annual MVR review), 391.43 (medical certificate), 391.51 (DQF maintenance).
How do I document 391.33 acceptance?
A signed memorandum or DQF notation stating: license type (CDL or 12-month state license), license number, issuing state, date the carrier accepted it, and the accepter's signature. Some carriers use a stamp or DQF cover sheet; most use a one-page memorandum. The format is flexible — what matters is the carrier having a written record of acceptance.
Does the CDL class need to match the CMV being operated?
Yes — though this is not specifically required by 391.33, the underlying purpose (proving the driver can safely operate the CMV) implies the CDL class must match. A driver with a Class B CDL cannot operate a Class A combination vehicle. Carriers should verify CDL class + endorsements match the operating assignment.
Can I use 391.33 for non-CDL CMV drivers?
Yes — for drivers of CMVs 10,001-26,000 lbs GVWR without hazmat placards or 16+ passenger capacity, a CDL is not required. The 391.33 alternative accepts a state license valid for at least 12 months as equivalent to a road test.
What if my driver's CDL was issued less than 12 months ago?
49 CFR 391.33 references CDL acceptance regardless of CDL issuance date (the CDL itself is valid evidence of ability), and a state license that has been valid for the preceding 12 months as the alternative. A recently-issued CDL is acceptable for 391.33. A recently-issued NON-CDL state license is not (the 12-month rule applies to non-CDL acceptance).
Cross-references: 49 CFR 391.11 · 49 CFR 391.31 · 49 CFR 391.51 · 49 CFR 383.71
FileFlo tracks documents required by this regulation automatically:
Connect your folder or Drive — FileFlo classifies every document, maps it to the CFR section it satisfies, and alerts you before any expiration becomes a citation. Starter $89/mo, Professional $299/mo. 5-day free trial.
Start the 5-day free trialAuthoritative source: eCFR.gov →