As discussed in my previous articles, most transportation companies require that “driver” applicants successfully pass both in-class instructional examinations and practical “road test” evaluations. Of course, this assumes that the “driver” applicant already possesses a commercial driver’s license (typically referred in the industry as a “CDL”). Let’s discuss briefly what one, in general, must undergo to obtain a CDL. There are several types of CDL training courses. Your typical program consists of in-class instructional training that teaches rules of the road, signals that one may encounter on the road, route guidance instruction, how to properly generate federally mandated log books, federal guidelines (including hours of operation, driving hours, on-duty hours, off-duty hours, etc), state guidelines (depending on the state where the instruction is being held), and other CDL related matters. In addition, trainees receive practical instruction such as backing up a tractor, backing up a tractor with a single trailer, turning with a tractor and trailer, and other basic tractor trailer movements. Once a trainee successfully completes the course and receives a CDL, he/she is ready to apply for a job as a commercial driver.
It has been my experience in deposing numerous commercial tractor company safety personnel (e.g., DOT compliance officer, Director of Safety, FMCSA Director, or by whatever name known in the particular company), that the applicant will undergo a practical examination once he/she has successfully passed the in-classroom company training examination (a topic discussed in a previous article). Although the “road test” practical examination may vary from company to company, most of the road test evaluations involve the following criteria in determining how a driver performed during the “road-test”:
• Pre-Trip Emergency Equipment Inspection;
• Use of Vehicle Controls;
• Backing and Parking;
• Slowing Down and Stopping;
• Operating in City and On-The-Road Traffic;
• Properly Observing Traffic Control Signals;
• How to Handle Crossing an Intersection;
• How to Handle Passing Traffic Ahead of You;
• How to Regulate Your Speed;
• General Knowledge of Company Rules and Regulations; and,
• Driving Ability and Driving Habits.
A training supervisor will visually verify whether the applicant uses the controls (engine, clutch, transmission, steering, lights, and brakes) in a safe manner, consistent with DOT regulations and company policy. The training supervisor will also ensure that the applicant successfully accomplishes both city and road parking assignments. The training supervisor will also ensure that the applicant is cognizant of traffic signs, traffic signals and how to approach intersections. The training supervisor ensures that the applicant observes and adheres to all traffic control signals, traffic control lights, and knows how to safely enter an intersection without causing a crash.
Interestingly, CFR 49 Part 391.31(b) does not specify that the “training supervisor” have a particular title within the company. The driving test “shall be given by a person who is competent to evaluate and determine whether the person who takes the test has demonstrated that he/she is capable of operating the commercial motor vehicle…” CFR 49 Part 391.31(b) goes on to read that the road test “must be of sufficient duration to enable the person who gives it to evaluate the skill of the person who takes it at handling the commercial motor vehicle…” An obvious provision of this regulation mandates that the test be provided by someone other than the applicant himself/herself. Some on-the road tests last a few hours. Some last about thirty (30) minutes. Some companies have their driver trainees in a probationary status for six (6) months while others have a shorter probationary period. Either way, it has been my experience that this is the perfect time for a company to “weed out” the bad drivers. Unfortunately, most of these bad drivers fall through the cracks and end up causing catastrophic crashes.
Written by:
Joey G. Gonzalez, Jr.
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
