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FMCSA Regulations
CDL and Driver Qualification Rules: Who Is Allowed to Drive a Commercial Truck
Quick Answer
Federal rules in 49 CFR parts 383 and 391 require commercial drivers to hold the right class of CDL, pass a medical exam, and meet qualification rules, and require trucking companies to check and document each driver’s qualifications.
- The right license (49 CFR 383.23 and 383.91): a driver must pass knowledge and skills tests and hold a CDL from their state of domicile for the vehicle group they drive: Class A, B, or C.
- Endorsements (49 CFR 383.93): extra tests are required for double/triple trailers, passenger vehicles, tank vehicles, hazardous materials, and school buses.
- Driver qualifications (49 CFR 391.11): among other things, the driver must be at least 21, physically qualified, licensed by only one state, not disqualified, and road-tested.
- Medical exam (49 CFR 391.41 and 391.45): drivers must be medically certified, generally at least every 24 months.
- Company duties (49 CFR 383.37, 391.23, 391.25, 391.51): employers must check driving records before hiring and every year, keep a qualification file for each driver, and not use a driver without a valid CDL.
Driving an 18-wheeler or a bus is not like driving a car, and the law recognizes that. Federal rules decide who may drive a commercial vehicle in two ways. The commercial driver’s license (CDL) rules in 49 CFR part 383 set the testing and licensing standards. The driver qualification rules in 49 CFR part 391 add requirements for drivers and for the companies that hire them, such as a medical exam, a road test, and a background check.
At Seattle Truck Law, we focus only on cases involving large trucks and buses. Some drivers are not licensed for the type of vehicle they operate, or their license has lapsed, and that can create serious safety problems for everyone else on the road. When it happens, it often points to careless hiring or supervision by the trucking company. This page explains the rules in plain English, why they matter after a crash, and how violations are proven.
We reviewed every rule on this page against the current text of the Electronic Code of Federal Regulations (eCFR). This page is general information, not legal advice. Every case depends on its own facts.
The rule at a glance
| Requirement | Citation (49 CFR) | Summary |
|---|---|---|
| CDL required | 383.23 | Pass knowledge and skills tests; hold a CDL from the state of domicile |
| One license only | 383.21 | No more than one driver’s license at any time |
| Vehicle groups (classes) | 383.91 | Class A combinations, Class B heavy straight trucks, Class C passenger or hazmat vehicles |
| Endorsements | 383.93 | Doubles/triples, passenger, tank, hazmat, school bus |
| Learner’s permit | 383.25 | Must be accompanied and directly supervised by a qualified CDL holder |
| Entry-level training | 383.73(b)(11) | Since February 7, 2022, required before the skills test for Class A or B, or P or S endorsements |
| Disqualifying offenses | 383.51; 391.15 | DUI, leaving the scene, serious traffic violations, and more |
| Employer may not use an unlicensed or disqualified driver | 383.37 | Applies when the employer knows or should reasonably know |
| General driver qualifications | 391.11 | Age 21, English, experience or training, physical qualification, one license, not disqualified, road test |
| Background checks | 391.23; 391.25 | 3-year driving record and employer history before hire; driving record reviewed every 12 months |
| Road test | 391.31 | Tested in the type of vehicle the driver will be assigned |
| Medical exam | 391.41; 391.45 | Physically qualified; generally re-certified at least every 24 months |
| Driver qualification file | 391.51 | Kept while employed and for 3 years after |
What the rule requires
Which vehicles need a CDL. A CDL is required for vehicles in three groups (49 CFR 383.5 and 383.91):
- Class A (combination vehicles): a combination with a gross combination weight rating of 26,001 pounds or more, when the towed vehicle is rated over 10,000 pounds. This covers tractor-trailers.
- Class B (heavy straight vehicles): a single vehicle rated at 26,001 pounds or more.
- Class C (small vehicles): a vehicle that is neither Class A nor B but is designed to carry 16 or more passengers including the driver, or carries hazardous materials.
A Class A driver may also drive Class B and C vehicles, and a Class B driver may drive Class C vehicles, if they hold the needed endorsements (49 CFR 383.91(c)). Endorsements require separate tests for double/triple trailers, passenger vehicles, tank vehicles, hazardous materials, and school buses (49 CFR 383.93).
Testing and training. No one may drive a commercial motor vehicle without passing knowledge and skills tests and holding a valid CDL from their state of domicile (49 CFR 383.23). A learner’s permit holder may drive on public roads only with a qualified CDL holder physically present and directly supervising (49 CFR 383.25). Since February 7, 2022, a state may not give the skills test for a Class A or Class B CDL, or a passenger or school bus endorsement, until it verifies that the applicant completed the federal entry-level driver training (49 CFR 383.73(b)(11)).
Disqualification. A CDL holder can lose the right to drive a commercial vehicle. For example, a first conviction for driving a commercial vehicle under the influence of alcohol or drugs, with an alcohol concentration of 0.04 or higher, refusing an alcohol test, leaving the scene of a crash, or causing a death through negligent operation of a commercial vehicle generally means a 1-year disqualification (3 years when transporting hazardous materials), and a second conviction can mean a lifetime disqualification (49 CFR 383.51(b)). Repeat serious traffic violations, such as speeding 15 mph or more over the limit, reckless driving, following too closely, texting, or driving without the proper CDL, lead to 60- or 120-day disqualifications (49 CFR 383.51(c)).
Driver qualifications. Part 391 applies to drivers of commercial motor vehicles as defined in 49 CFR 390.5, which generally begins at 10,001 pounds in interstate commerce, so it can reach some drivers who do not need a CDL. Under 49 CFR 391.11, a driver must be at least 21 years old, read and speak English well enough for the job, be able to safely operate the vehicle by experience or training, be physically qualified, hold a valid license from only one state, not be disqualified under 49 CFR 391.15, and have passed a road test or an accepted equivalent. The road test must be in the type of vehicle the company will assign and covers the pre-trip inspection, coupling, braking, turning, backing, and driving in traffic (49 CFR 391.31).
Medical certification. A driver must be medically certified as physically qualified (49 CFR 391.41). The standards cover, among other things, vision, hearing, heart and respiratory conditions likely to interfere with safe driving, epilepsy and other conditions likely to cause a loss of consciousness, and use of drugs or habit-forming substances. Drivers must generally be re-examined at least every 24 months (49 CFR 391.45).
The company’s duties. Within 30 days of hiring, a carrier must obtain the driver’s motor vehicle record for the previous 3 years from every state where the driver was licensed and investigate the driver’s safety history with employers from the previous 3 years, including drug and alcohol violations (49 CFR 391.23). At least once every 12 months, the carrier must obtain and review each driver’s driving record, giving great weight to violations like speeding, reckless driving, and driving under the influence (49 CFR 391.25). The carrier must keep a driver qualification file with the application, driving records, road test certificate, annual review notes, and medical certificate, for as long as the driver works there and 3 years after (49 CFR 391.51). And no employer may let a driver operate a commercial vehicle if it knows or should reasonably know the driver lacks a current CDL with the proper class or endorsements, is disqualified, or holds more than one license (49 CFR 383.37).
The driver’s duties. A CDL holder must tell their employer in writing of any traffic conviction (other than parking) within 30 days (49 CFR 383.31), and of any license suspension, revocation, or disqualification before the end of the next business day (49 CFR 383.33).
Why it matters after a crash
These rules exist because driving a large truck or bus safely takes training, experience, and good health. A driver who was operating a vehicle their license did not cover, who had a suspended or disqualified CDL, or who had no valid medical certification raises a basic question: should that person have been behind the wheel at all? If the company knew or should have known, it may share responsibility for the crash. This kind of claim is often called negligent hiring, and the driver qualification file is usually where it starts.
Common violations
- Driving with a lapsed, suspended, or disqualified CDL.
- Driving a vehicle without the right class of CDL or the required endorsement.
- Hiring a driver without checking the 3-year driving record or prior employers.
- Skipping the annual driving record review.
- Missing or expired medical certification.
- No road test or road-test equivalent on file.
- Incomplete or missing driver qualification files.
How violations are proven
Because these rules require written records, the company’s files are often the best evidence. In an investigation, we typically look for:
- The driver qualification file (49 CFR 391.51), including the application, driving records, road test certificate, annual review notes, and medical certificate.
- The driver's CDL and license history, including class, endorsements, and any suspensions or disqualifications.
- Records of the pre-hire investigation of prior employers, including drug and alcohol history (49 CFR 391.23).
- Training records, including entry-level driver training where it applied.
- Medical certification records.
- Police and crash reports, which may record the driver's license information.
Some records can be removed from the file after 3 years, so it is important to act quickly. A lawyer can send a letter asking the trucking company to preserve them. Our evidence checklist lists what to gather.
If you were hurt in a crash and have questions about whether the driver was qualified, contact Seattle Truck Law at (866) 580-4878 or reach us online for a free consultation.
General information, not legal advice.
Frequently Asked Questions
Under 49 CFR 383.91, Class A covers combinations with a gross combination weight rating of 26,001 pounds or more when the towed vehicle is rated over 10,000 pounds, such as tractor-trailers. Class B covers single vehicles rated at 26,001 pounds or more. Class C covers smaller vehicles designed to carry 16 or more passengers including the driver, or that carry hazardous materials. Endorsements are needed for some vehicles and loads.
Under 49 CFR 391.45, a driver generally must be medically examined and certified at least once every 24 months, and some drivers must be examined more often. The physical standards in 49 CFR 391.41 cover vision, hearing, certain heart and respiratory conditions, conditions likely to cause a loss of consciousness, and drug use. A driver without valid medical certification should not be driving a commercial vehicle.
It is the file a trucking company must keep for each driver under 49 CFR 391.51. It includes the employment application, motor vehicle records, the road test certificate, notes from the annual driving record review, and the medical certificate. It must be kept while the driver works for the company and for 3 years afterward. After a crash, it can show whether the company properly checked the driver.
It may be. Under 49 CFR 383.37, an employer may not use a driver it knows or should reasonably know lacks a valid CDL with the proper class or endorsements, or is disqualified. Part 391 also requires background checks and annual reviews. If a company skipped those steps, that can support a claim against the company, alongside any claim against the driver.
Under 49 CFR 383.51, major offenses such as driving under the influence, refusing an alcohol test, leaving the scene of a crash, or causing a death through negligent operation of a commercial vehicle generally lead to a 1-year disqualification for a first conviction, and lifetime disqualification for a second. Repeat serious traffic violations, such as excessive speeding or texting while driving, lead to shorter disqualifications.
Related Resources
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If you’ve been injured in a trucking accident, contact Seattle Truck Law at (866) 580-4878 or fill out our online form for a free consultation. You pay no fees or expenses unless we recover compensation on your behalf. Don’t wait—the sooner you contact us, the sooner our attorneys can preserve evidence, investigate your claim, and start building your case.