FMCSA updates guidance on CDL knowledge tests

The Federal Motor Carrier Safety Administration is amending its regulatory guidance to clarify that the regulations do not prohibit third-party testers from administering the commercial driver’s license knowledge tests for all classes and endorsements.

FMCSA’s regulatory guidance notice is scheduled to publish in the Federal Register on Thursday, Feb. 3.

“State driver licensing agencies may accept the results of knowledge tests administered by third-party testers in accordance with existing knowledge test standards and requirements,” the FMCSA wrote.

The updated guidance is in response to an exemption request made by the Virginia Department of Motor Vehicles in April 2020.

Virginia’s DMV asked FMCSA for an exemption from 49 CFR 383.75 in the regulations to allow non-government third-party testers to administer knowledge tests for CDL and commercial learner’s permit applicants without a state examiner being present. The request was prompted by a closure of Virginia DMV service centers because of the COVID-19 public health emergency.

FMCSA responded to Virginia’s request at the time and said the regulations do not prohibit the use of third-party testers. In addition, the agency indicated it would revise the existing guidance.

Regulatory guidance that was issued as recently as 2019 said that the third-party testing provision applied only to the skills portion of the testing procedure.

However, FMCSA says it has reconsidered that guidance and concluded that “nothing in the agency’s current authorities prohibit states from permitting third-party testers to administer CDL knowledge tests.”

The agency will now issue the following guidance.

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. LL