§ 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.

(a)(1) All tests shall be constructed to determine if the driver- student possesses the required knowledge and skills set forth in the appendix to this part for the specific type of LCV training program being taught.

(a)(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) of this section.

(a)(3) LCV driver-instructors shall establish specific methods for scoring the knowledge and skills tests.

(a)(4) Passing scores must meet the requirements of paragraph (b) of this section.

(a)(5) Knowledge and skills tests shall be based upon the information taught in the LCV training programs as set forth in the appendix to this part.

(a)(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 the appendix to this part, for the specific type of LCV training program being taught.

(a)(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 the appendix 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:

(b)(1) Answer correctly at least 80 percent of the questions on each knowledge test; and

(b)(2) Demonstrate that he/she can successfully perform all of the skills addressed in paragraph (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.

(d) Guidance for testing methods and proficiency determinations. Motor carriers should refer to the Examiner's Manual for Commercial Driver's License Tests for help in developing testing methods and making proficiency determinations. You may obtain a copy of this document by contacting the American Association of Motor Vehicle Administrators (AAMVA), 4300 Wilson Boulevard, Suite 400, Arlington, Virginia 22203.

[69 FR 16733, Mar. 30, 2004]