When hiring commercial motor vehicle (CMV) drivers, carriers have limited information to judge safety. A driver’s record shows past behavior, but a road test shows how the driver performs right now. Together, they help identify strengths and gaps before the driver hits the road.

Road test options

Carriers can take one of three approaches to road testing:

1. Use one of the two federal exceptions allowed under §391.33 instead of giving a road test,
2. Meet the minimum federal road test requirements under §391.31, or
3. Go beyond the minimum standards by using road test best practices.

Caution: Using a road test exception can weaken a carrier’s defense in post-crash litigation. Courts often view exceptions as a shortcut or a missed opportunity to identify risk.

Why exceed the minimum testing requirements?

Evaluating driver skills at the time of hire and on an ongoing basis helps carriers:

• Lower crash risk and legal exposure; and
• Improve driver retention by building skill and confidence.

Today, juries and federal auditors expect carriers to meet — and often exceed — minimum standards, not just comply with them. Exceeding the minimum road test requirements strengthens both safety and defensibility.

10 road test best practices

If these ten steps aren’t already part of your policies, consider adding the following best practices to your driver testing program:

1. Test drivers on a single road course that includes the required elements in §391.31(b) and matches the driver’s expected vehicle and operating environment.
2. Use a standardized scoring sheet that allows evaluator comments.
3. Do not use the §391.33 exceptions instead of giving a road test.
4. Require evaluators of commercial driver’s license (CDL) drivers to hold a CDL, in case they need to operate the vehicle.
5. Document why each evaluator is qualified, such as through an appointment letter.
6. Review evaluators regularly to ensure consistent scoring and reduce bias.
7. Explain the test process to the driver before starting, and limit instructions and comments during the test to avoid distractions.
8. Provide and document remedial training to address any weaknesses found during the road test — even if the driver passes.
9. Conduct road tests after a driver is hired and before key changes, such as:
   • Returning from a long absence;
   • Moving to a new vehicle or operation;
   • Driving in winter or mountainous conditions; or
   • Becoming a driver trainer.
10. Never pass a driver just to meet operational needs. The risks of skipping key steps in the testing process can lead to violations, potential litigation, and safety issues.