---
kind: "section"
citation: "49 C.F.R. § 380.109"
title: "49"
number: "380.109"
heading: "Driver testing."
url: "https://uscodex.org/cfr/49/380.109"
---

# §380.109. Driver testing.

- (a) **Testing methods.** The driver-student must pass knowledge and skills tests in accordance with the following requirements, to determine whether a driver-student has successfully completed an LCV driver-training program as specified in subpart B of this part. The written knowledge test may be administered by any qualified driver-instructor. The skills tests, based on actual operation of an LCV, must be administered by a qualified LCV skills instructor.
  - (1) All tests shall be constructed to determine if the driver-student possesses the required knowledge and skills set forth in Appendix F to this part for the specific type of LCV training program being taught.
  - (2) Instructors shall develop their own tests for the specific type of LCV-training program being taught, but those tests must be at least as stringent as the requirements set forth in [paragraph (b)](#b) of this section.
  - (3) LCV driver-instructors shall establish specific methods for scoring the knowledge and skills tests.
  - (4) Passing scores must meet the requirements of [paragraph (b)](#b) of this section.
  - (5) Knowledge and skills tests shall be based upon the information taught in the LCV training programs as set forth in Appendix F to this part.
  - (6) Each knowledge test shall address the training provided during both theoretical and behind-the-wheel instruction, and include at least one question from each of the units listed in the table to Appendix F to this part, for the specific type of LCV training program being taught.
  - (7) Each skills test shall include all the maneuvers and operations practiced during the Proficiency Development unit of instruction (behind-the-wheel instruction), as described in Appendix F to this part, for the specific type of LCV training program being taught.
- (b) **Proficiency determinations.** The driver-student must meet the following conditions to be certified as an LCV driver:
  - (1) Answer correctly at least 80 percent of the questions on each knowledge test; and
  - (2) Demonstrate that he/she can successfully perform all of the skills addressed in [paragraph (a)(7)](#a-7) of this section.
- (c) **Automatic test failure.** Failure to obey traffic laws or involvement in a preventable crash during the skills portion of the test will result in automatic failure. Automatic test failure determinations are made at the sole discretion of the qualified LCV driver-instructor.

## Notes

### Amendments

[69 FR 16732, Mar. 30, 2004, as amended at 83 FR 22874, May 17, 2018]

### Authority

Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502; sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151-2152; sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.

### Source

Source: 69 FR 16732, Mar. 30, 2004, unless otherwise noted.

### Amendments

[69 FR 16732, Mar. 30, 2004, as amended at 83 FR 22874, May 17, 2018]