§ 31305. General driver fitness and testing
(a)
Minimum Standards for Testing and Fitness.—
The Secretary of Transportation shall prescribe regulations on minimum standards for testing and ensuring the fitness of an individual operating a commercial motor vehicle. The regulations—
(1)
shall prescribe minimum standards for written and driving tests of an individual operating a commercial motor vehicle;
(2)
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;
(3)
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;
(4)
shall ensure that an individual taking the tests has a working knowledge of—
(5)
shall ensure that an individual who operates or will operate a commercial motor vehicle carrying a hazardous material—
(A)
is qualified to operate the vehicle under regulations on motor vehicle transportation of hazardous material prescribed under chapter
51 of this title;
(B)
has a working knowledge of—
(C)
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.
(b)
Requirements for Operating Vehicles.—
(1)
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.
(2)
The Secretary may prescribe regulations providing that an individual may operate a commercial motor vehicle for not more than 90 days if the individual—