49 CFR § 391.33

What does 49 CFR § 391.33 require?

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].'

Who must comply with 49 CFR § 391.33?

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 you violate 49 CFR § 391.33?

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.

How to comply (implementation checklist)

1. 1Confirm the driver has a valid CDL (or 12-month-valid state license for non-CDL CMVs).
2. 2Verify CDL class matches the type of CMV being operated (Class A, B, or C).
3. 3Document the carrier's acceptance with a signed memorandum or DQF notation: license type, number, issuing state, date accepted, accepter's signature.
4. 4Cross-reference CDL endorsements (hazmat, passenger, school bus, tanker) against the role.
5. 5Retain the CDL copy + 391.33 acceptance documentation in the DQF.
6. 6Train HR/onboarding staff on the 391.33 documentation requirement.
7. 7Audit 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.

Real enforcement examples

Anonymized from public FMCSA enforcement summaries. Penalty amounts reflect assessed and final settled values where disclosed.

Frequently asked questions

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