49 U.S.C. § 31305: General driver fitness, testing, and training

shall prescribe minimum standards for written and driving tests of an individual operating a commercial motor vehicle; shall require an individual who operates or will operate a commercial motor vehicle to take a driving test in a vehicle representative of the type of vehicle the individual operates or will operate; shall prescribe minimum testing standards for the operation of a commercial motor vehicle and may prescribe different minimum testing standards for different classes of commercial motor vehicles; regulations on the safe operation of a commercial motor vehicle prescribed by the Secretary and contained in title 49, Code of Federal Regulations; and safety systems of the vehicle; is qualified to operate the vehicle under regulations on motor vehicle transportation of hazardous material prescribed under chapter 51 of this title; those regulations; the handling of hazardous material; the operation of emergency equipment used in response to emergencies arising out of the transportation of hazardous material; and appropriate response procedures to follow in those emergencies; and is licensed by a State to operate the vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license. shall establish minimum scores for passing the tests; shall ensure that an individual taking the tests is qualified to operate a commercial motor vehicle under regulations prescribed by the Secretary and contained in title 49, Code of Federal Regulations, to the extent the regulations apply to the individual; and issuance of a certification of fitness to operate a commercial motor vehicle to an individual passing the tests; and the individual to have a copy of the certification in the individual’s possession when the individual is operating a commercial motor vehicle. Except as provided in paragraph (2) of this subsection, an individual may operate a commercial motor vehicle only if the individual has passed written and driving tests that meet the minimum standards prescribed by the Secretary under subsection (a) of this section to operate the vehicle and has a commercial driver’s license to operate the vehicle. passes a driving test for operating a commercial motor vehicle that meets the minimum standards prescribed under subsection (a) of this section; and has a driver’s license that is not suspended, revoked, or canceled. are necessary for an individual operating a commercial motor vehicle to safely operate a commercial motor vehicle; and must be acquired before obtaining a commercial driver’s license for the first time or upgrading from one class of commercial driver’s license to another class; addressing the specific training needs of a commercial motor vehicle operator seeking passenger or hazardous materials endorsements; requiring effective instruction to acquire the knowledge, skills, and training referred to in paragraphs (1) and (2), including classroom and behind-the-wheel instruction; requiring certification that an individual operating a commercial motor vehicle meets the requirements established by the Secretary; and requiring a training provider (including a public or private driving school, motor carrier, or owner or operator of a commercial motor vehicle) that offers training that results in the issuance of a certification to an individual under paragraph (4) to demonstrate that the training meets the requirements of the regulations, through a process established by the Secretary. exempt a covered individual from all or a portion of a driving test if the covered individual had experience in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle; while serving in the armed forces or reserve components; and during the 1-year period beginning on the date on which such individual separates from service in the armed forces or reserve components; and credit the training and knowledge a covered individual received in the armed forces or reserve components driving vehicles similar to a commercial motor vehicle for purposes of satisfying minimum standards for training and knowledge. The term “armed forces” has the meaning given that term in section 101(a) of title 10 . a current or former member of the armed forces; or a current or former member of one of the reserve components. the Army National Guard of the United States; the Army Reserve; the Navy Reserve; the Marine Corps Reserve; the Air National Guard of the United States; the Air Force Reserve; and the Coast Guard Reserve. Not later than 90 days after the date of enactment of this Act [ June 16, 2022 ], the Administrator of the Federal Motor Carrier Safety Administration (referred to in this section as the ‘Administrator’) shall conduct a review of the discretionary waiver authority described in the document issued by the Administrator entitled ‘Waiver for States Concerning Third Party CDL Skills Test Examiners In Response to the COVID–19 Emergency’ and dated August 31, 2021 , for safety concerns. notwithstanding any other provision of law, make the waiver permanent; and not later than 90 days after completing the review under subsection (a), revise section 384.228 of title 49, Code of Federal Regulations, to provide that the discretionary waiver authority referred to in subsection (a) shall be permanent. If the Administrator declines to move forward with a rulemaking for revision under subsection (b), the Administrator shall explain the reasons for declining to move forward with the rulemaking in a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.” the average wait time from the date an applicant requests to take a skills test to the date the applicant has the opportunity to complete such test; the average wait time from the date an applicant, upon failure of a skills test, requests a retest to the date the applicant has the opportunity to complete such retest; the actual number of qualified commercial driver’s license examiners available to test applicants; and the number of testing sites available through the State department of motor vehicles and whether this number has increased or decreased from the previous year; and describes specific steps that the Administrator is taking to address skills testing delays in States that have average skills test or retest wait times of more than 7 days from the date an applicant requests to test or retest to the date the applicant has the opportunity to complete such test or retest.” is acting within the scope of the license holder’s employment as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less; and clearly marked with a ‘flammable’ or ‘combustible’ placard, as appropriate.” The Secretary of Transportation may implement or enforce a requirement providing for the screening, testing, or treatment (including consideration of all possible treatment alternatives) of individuals operating commercial motor vehicles for sleep disorders only if the requirement is adopted pursuant to a rulemaking proceeding. Subsection (a) shall not apply to a requirement that was in force before September 1, 2013 . In this section, the term ‘sleep disorders’ includes obstructive sleep apnea.” Not later than 90 days after the date of the enactment of this Act [ Aug. 10, 2005 ], the Secretary [of Transportation] shall begin revising the final rule published in the Federal Register on September 3, 2003 , relating to persons with diabetes, to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce. The revised final rule shall provide for the individual assessment of applicants who use insulin to treat their diabetes and who are, except for their use of insulin, otherwise qualified under the Federal motor carrier safety regulations. The revised final rule shall be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century [ Pub. L. 105–178 ] ( 49 U.S.C. 31305 note) and shall conclude the rulemaking process in the Federal Motor Carrier Safety Administration docket relating to qualifications of drivers with diabetes. After the earlier of the date of issuance of the revised final rule under subsection (a) or the 90th day following the date of enactment of this Act [ Aug. 10, 2005 ], the Secretary may not require individuals with insulin-treated diabetes mellitus who are applying for an exemption from the physical qualification standards to have experience operating commercial motor vehicles while using insulin in order to be exempted from the physical qualification standards to operate a commercial motor vehicle in interstate commerce. Subject to subsection (b), the Secretary shall require individuals with insulin-treated diabetes mellitus to have a minimum period of insulin use to demonstrate stable control of diabetes before operating a commercial motor vehicle in interstate commerce. Such demonstration shall be consistent with the findings reported in July 2000, by the expert medical panel established by the Secretary, in ‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate Commercial Motor Vehicles in Interstate Commerce as Directed by the Transportation Equity Act for the 21st Century’. For individuals who have been newly diagnosed with type 1 diabetes, the minimum period of insulin use may not exceed 2 months, unless directed by the treating physician. For individuals who have type 2 diabetes and are converting to insulin use, the minimum period of insulin use may not exceed 1 month, unless directed by the treating physician. Insulin-treated individuals may not be held by the Secretary to a higher standard of physical qualification in order to operate a commercial motor vehicle in interstate commerce than other individuals applying to operate, or operating, a commercial motor vehicle in interstate commerce; except to the extent that limited operating, monitoring, and medical requirements are deemed medically necessary under regulations issued by the Secretary.” include a driving skills test in a school bus; and loading and unloading children; using emergency exits; and traversing highway rail grade crossings.” Not later than 18 months after the date of enactment of this Act [ June 9, 1998 ], the Secretary [of Transportation] shall determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition on individuals with insulin treated diabetes mellitus driving such vehicles. consult with States that have developed and are implementing a screening process to identify individuals with insulin treated diabetes mellitus who may obtain waivers to drive commercial motor vehicles in intrastate commerce; evaluate the Department’s policy and actions to permit certain insulin treated diabetes mellitus individuals who meet selection criteria and who successfully comply with the approved monitoring protocol to operate in other modes of transportation; assess the possible legal consequences of permitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce; analyze available data on the safety performance of diabetic drivers of motor vehicles; assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial motor vehicle operations; and consult with interested groups knowledgeable about diabetes and related issues. If the Secretary determines that no protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress the basis for such determination. If the Secretary determines that a protocol described in subsection (a) could likely be developed, the Secretary shall report to Congress a description of the elements of such protocol and shall promptly initiate a rulemaking proceeding to implement such protocol.” Not later than 1 year after the date of enactment of this Act [ June 9, 1998 ], the Secretary [of Transportation] shall complete a review of the procedures established and implemented by States under section 31305 of title 49 , United States Code, to determine if the current system for testing is an accurate measure and reflection of an individual’s knowledge and skills as an operator of a commercial motor vehicle and to identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system. The Secretary may issue regulations under section 31305 of title 49 , United States Code, reflecting the results of the review.” As part of the activities of the Secretary [of Transportation] relating to the fatigue of commercial motor vehicle operators, the Secretary shall encourage the research, development, and demonstration of technologies that may aid in reducing such fatigue. the degree to which the technology will be cost efficient; the degree to which the technology can be effectively used in diverse climatic regions of the Nation; and the degree to which the application of the technology will further emissions reductions, energy conservation, and other transportation goals. The Secretary may use amounts made available under section 5001(a)(2) of this Act [ 112 Stat. 419 ]. The Secretary shall review available information on the effects of medications (including antihistamines) on driver fatigue, awareness, and performance and shall consider encouraging, if appropriate, the use of nonsedating medications (including nonsedating antihistamines) as a means of reducing the adverse effects of the use of other medications by drivers.”