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Qualification of drivers - Texas

RegSenseState InfoFleet SafetyDriver qualificationsDrivers qualification (DQ file)TexasBest ResultsFocus AreaEnglishTransportation

Federal regulations

Texas has adopted Part 391 of the Federal Regulations with the exception of Sec. 391.11(b)(1) and (b)(2) for intrastate drivers. The physical qualification requirements also contain special provisions.

Texas has adopted Part 380, Subpart E (entry-level driver training) of the Federal Regulations.

Applicability

Part 380, Subpart E and Part 391 apply to a vehicle or combination of vehicles with an actual gross weight or a gross weight rating in excess of 26,000 pounds when operating intrastate, and a vehicle of any size hauling hazardous materials requiring placarding.

Age

An intrastate commercial operator must be 18 years of age.

Alcohol and drug testing

An employer required to conduct Part 382 drug and alcohol testing must report to the Texas Department of Public Safety (DPS) a valid positive alcohol or drug test result for an employee who holds a commercial driver’s license (CDL) issued by the state of Texas.

The report must be submitted on a form prescribed by DPS within 10 days of receiving notice of a valid positive drug or alcohol test. The form is available via the DPS website: https://www.dps.texas.gov/Internetforms/FormBySection.aspx.

Unless the report is a refusal to submit a sample, the employer must attach to the report a legible copy of either the Federal Drug Testing, Custody and Control Form (with at least steps one through six completed), U. S. Department of Transportation Alcohol Testing Form (with at least steps one through three completed), or the medical review officer’s (MRO) or breath alcohol technician’s (BAT) report of a positive, diluted, adulterated, or substituted test.

A BAT, MRO, laboratory, consortium, or other individual may submit the report, but reports submitted by a laboratory or other individual must be verified by the MRO or BAT.

Information regarding this report is confidential and may only be released per the provisions of Texas Transportation Code, 521.053. A request for this information must be submitted on a DPS prescribed form. The form is available via the DPS website: https://www.dps.texas.gov/Internetforms/FormBySection.aspx.

Driver qualification file

A driver qualification file (Sec. 391.51) is required. There are exceptions to the physical qualification requirement. See Physical Qualification below for details.

English language

Sec. 391.11(b)(2) was not adopted for intrastate drivers. An intrastate driver must have successfully passed the examination for a Texas driver’s license.

Operator’s license

The license classification system is as follows:

*Issued to persons who are exempt from obtaining a CDL or persons who are not required to obtain a CDL.
ClassDescription
Class A (CDL)Any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more, provided the gross vehicle weight rating (GVWR) of the vehicle or vehicles being towed exceeds 10,000 pounds.
Class B (CDL)Any single vehicle with a GVWR of 26,001 pounds or more, any one of those vehicles towing a vehicle that does not exceed 10,000 pounds GVWR, and any vehicle designed to transport 24 passengers or more, including driver.
Class C (CDL)Any single vehicle, or combination of vehicles, that is not a Class A or B if either vehicle is:
  1. Designed to transport 16-23 passengers, including the driver; or
  2. Used in the transportation of hazardous materials that require the vehicle to be placarded under 49 CFR, Part 172, Subpart F.
Class A (Driver’s License Non-CDL)*Any vehicle or combination of vehicles with a GCWR of 26,001 pounds or more, provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
Class B (Driver’s License Non-CDL)*Permits a person to drive the following vehicles (except a motorcycle or moped):
  1. A single vehicle with a GCWR of 26,001 pounds or more, and any such vehicle towing either a vehicle with a GVWR that does not exceed 10,000 pounds, or a farm trailer with a GVWR that does not exceed 20,000 pounds;
  2. A bus with a seating capacity of 24 passengers or more, including the driver; and
  3. A vehicle included in Class C.
Class C (Driver’s License Non-CDL)*Permits a person to drive the following vehicles (except a motorcycle or moped):
  1. A single vehicle or combination of vehicles that is not a Class A or B (driver’s license non-commercial); and
  2. A single vehicle with a GVWR of less than 26,001 pounds towing a farm trailer with a GVWR that does not exceed 20,000 pounds.
Class MMotorcycle or moped.
Endorsements
HHazardous Materials
TDouble/Triple Trailers
PPassenger
NTank
XHazardous Materials and Tankers
SSchool Bus

Physical qualification

Intrastate drivers who are not transporting placardable hazardous materials and were regularly employed in Texas as commercial vehicle drivers prior to August 28, 1989, will be exempted from the medical requirements. Drivers who became 18 years old after August 28, 1989, are required to meet all medical standards.

Drivers with certain physical disabilities require the approval of a medical examiner before a license can be issued.

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['Driver qualifications']
['Drivers qualification (DQ file)']
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