---
kind: "section"
citation: "49 C.F.R. § 384.228"
title: "49"
number: "384.228"
heading: "Examiner training and record checks."
url: "https://uscodex.org/cfr/49/384.228"
---

# §384.228. Examiner training and record checks.


For all State and third-party CDL test examiners, the State must meet the following 10 requirements:

- (a) Establish examiner training standards for initial and refresher training that provides CDL test examiners with a fundamental understanding of the objectives of the CDL testing program, and with all of the knowledge and skills necessary to serve as a CDL test examiner and assist jurisdictions in meeting the Federal CDL testing requirements.
- (b) Require all State knowledge and skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL knowledge and skills tests.
- (c) The training course for CDL knowledge test examiners must cover at least the following three units of instruction:
  - (1) **Introduction to CDL Licensing System—**
    - (i) **The Commercial Motor Vehicle Safety Act of 1986.**
    - (ii) **Drivers covered by CDL program.**
    - (iii) **CDL vehicle classification.**
    - (iv) **CDL endorsements and restrictions.**
  - (2) **Overview of the CDL tests—**
    - (i) **CDL test, classifications, and endorsements.**
    - (ii) **Different examinations.**
    - (iii) **Representative vehicles.**
    - (iv) **Validity and reliability.**
    - (v) **Test maintenance.**
  - (3) **Knowledge tests—**
    - (i) **General knowledge tests.**
    - (ii) **Specialized knowledge tests.**
    - (iii) **Selecting the appropriate tests and test forms.**
    - (iv) **Knowledge test administration.**
- (d) The training course for CDL skills test examiners must cover at least the following five units of instruction:
  - (1) **Introduction to CDL Licensing System—**
    - (i) **The Commercial Motor Vehicle Safety Act of 1986.**
    - (ii) **Drivers covered by CDL program.**
    - (iii) **CDL vehicle classification.**
    - (iv) **CDL endorsements and restrictions.**
  - (2) **Overview of the CDL tests—**
    - (i) **CDL test, classifications, and endorsements.**
    - (ii) **Different examinations.**
    - (iii) **Representative vehicles.**
    - (iv) **Validity and reliability.**
    - (v) **Test maintenance.**
  - (3) **Vehicle inspection test—**
    - (i) **Test overview.**
    - (ii) **Description of safety rules.**
    - (iii) **Test scoring procedures.**
    - (iv) **Scoring standards.**
    - (v) **Calculating final score.**
  - (4) **Basic control skills testing—**
    - (i) **Setting up the basic control skills course.**
    - (ii) **Description of safety rules.**
    - (iii) **General scoring procedures.**
    - (iv) **Administering the test.**
    - (v) **Calculating the score.**
  - (5) **Road test—**
    - (i) **Setting up the road test.**
    - (ii) **Required maneuvers.**
    - (iii) **Administering the road test.**
    - (iv) **Calculating the score.**
- (e) Require all third-party skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL skills tests. The training course must cover at least the five units of instruction in [paragraph (d)](#d) of this section.
- (f) Require State and third-party CDL test examiners to successfully complete a refresher training course and examination every four years to maintain their CDL test examiner certification. The refresher training course must cover at least the following:
  - (1) For CDL knowledge test examiners, the three units of training described in [paragraph (c)](#c) of this section.
  - (2) **For CDL skills test examiners, the five units of training described in paragraph (d) of this section.**
  - (3) **Any State specific material and information related to administering CDL knowledge and skills tests.**
  - (4) Any new Federal CDL regulations, updates to administering the tests, and new safety related equipment on the vehicles.
- (g) Complete nationwide criminal background check of all skills test examiners prior to certifying them to administer CDL skills tests.
- (h)
  - (1) Complete nationwide criminal background check of all State and third-party test examiners at the time of hiring.
  - (2) Complete nationwide criminal background check of any State and third-party current test examiner who has not had a nationwide criminal background check.
  - (3) Criteria for not passing the criminal background check must include at least the following:
    - (i) Any felony conviction within the last 10 years; or
    - (ii) **Any conviction involving fraudulent activities.**
- (i) Maintain a record of the results of the criminal background check and CDL examiner test training and certification of all CDL test examiners.
- (j) Rescind the certification to administer CDL tests of all test examiners who do not successfully complete the required refresher training every 4 years.
- (k) The eight units of training described in paragraphs [(c)](#c) and [(d)](#d) of this section may be supplemented with State-specific material and information related to administering CDL knowledge and skills tests.

## Notes

### Amendments

[76 FR 26895, May 9, 2011, as amended at 78 FR 17882, Mar. 25, 2013; 79 FR 59456, Oct. 2, 2014; 80 FR 59073, Oct. 1, 2015; 88 FR 80182, Nov. 17, 2023]

### Authority

Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.

### Source

Source: 59 FR 26039, May 18, 1994, unless otherwise noted.

### Amendments

[76 FR 26895, May 9, 2011, as amended at 78 FR 17882, Mar. 25, 2013; 79 FR 59456, Oct. 2, 2014; 80 FR 59073, Oct. 1, 2015; 88 FR 80182, Nov. 17, 2023]