Georgia Injury Lawyers Blog
CDL Testing and Licensing Procedures: Observations
While one would assume it would be to deal with a driver who professes complete ignorance of the knowledge or skills that he was required to be tested on, it does happen. In that event, it is important to be able to use the requirements found in the regulations to reveal that the driver had to have this knowledge in order to obtain a CDL. Many cases squarely involve issues with space management, vehicle inspection, or the effects of fatigue. The regulations state a driver must have knowledge of these areas, and therefore a driver’s lack of knowledge of these requirements may provide an opportunity for impeachment.
Often an attorney making a claim against a driver will only consider whether or not he possessed a valid CDL. However, counsel should be mindful that there may be important differences in the type of CDL possessed, such as whether it is for “interstate” or “intrastate” use. The federal requirements for medical testing at part 391 only apply to “non-excepted” interstate drivers. A “non-excepted” interstate driver is someone who does not fit into the regulatory exceptions cited in the next footnote. Because the exceptions are fairly narrow, most drivers are “non-excepted.” Beginning January 30, 2012, an “excepted interstate” driver is not required to comply with part 391, including the requirement of a medical examiner’s certificate, and arguably is not required to comply with State driver qualification requirements either. An “excepted interstate” driver is one engaged exclusively in transportation or operations excepted: