FMSCA Regulations Regarding Road Tests.

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BIGGE

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Jul 6, 2017
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Does anyone know what the qualifications for the person giving the road test for a CDL driver?

Reason I ask is I was hired by a company for Dispatch/Planning. Three weeks after I was hired, I was told by the owner that I am the new CTPAT/Compliance Officer as well as the Planner for the Open Deck Division.

As I fixed all the Driver Files, found out 2 drivers were running the US and were not in the Drug Pool, got them thru a CTPAT audit, I was fired for not giving an experience O/O driver a road test after the second roll over in less than 3 months due to a 90 MPH dispatch. Given the company has 35 trucks, that is pretty high.

I do not have a Class I, CDL license and I informed the owner that I was not qualified to road test CDL driver when the told me of my new duties.

In fact, I refused drivers with less than 1 year experience but the O/O went to the owner and made an agreement that they would be responsible to road test the drivers and these inexperienced drivers would be trainees with limited driving.

In fact, no road test for any driver was given before I was hired as nothing was on file.

In fact, when I approached the owner about a road test for a driver, he told me "he drove more miles backwards than you have forwards and it was not necessary". This driver worked for 3 weeks and cost the company 10 grand in damages.

This company is located in Manitoba, Canada.

Any feedback would be appreciated
 
You may have a case for wrongful dismissal. I'm not sure if there are any formal qualifications regarding a carrier employee who is tasked with performing road testing. I conducted road tests when I worked for Sunbury and Atlas Logistics.. in both cases they asked for my CDL and driver record.. I had to have a class 1/A and a clean record.. and that was all. If you don't hold a CDL then you should not be asked to examine a CDL driver.. you're simply not qualified. Based on the information you provided, it looks as if they gave you responsibilites for which you aren't qualified.. and then fired you when you failed to perform those duties.. Just my two cents.. I would speak to someone who specializes in labour law..
 
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You can test without a CDL provided you have proper training (that the insurance company is happy with), with that being said you can pretty much do anything right up to the point the Insurance company has a problem with it. By the looks of it you are the scapegoat and if you ask me, be happy you are out of that company, does not sound very professional at all.
 
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We haven't done it in a few years but we had a guy who took a course with the OTA (which even people with a CDL should take) and our insurance company was ok with him road testing drivers. If we had a really bad record then I'm sure they would have a different reaction.
 
(a) Except as provided in subpart G, a person shall not drive a commercial motor vehicle unless he/she has first successfully completed a road test and has been issued a certificate of driver's road test in accordance with this section.

(b) The road test shall be given by the motor carrier or a person designated by it. However, a driver who is a motor carrier must be given the test by a person other than himself/herself. The 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, and associated equipment, that the motor carrier intends to assign him/her.

This is what the regulation states. I am trying to find out what qualifications is required person has to give the road test. It just says "a person designated by the motor carrier." They technically could pull a drunk off the street, panhandling for money and designate that person to perform a road test, unless there is something the FMSCA states as what is the definition of "competent to evaluate and determine".

I do agree, I am being used as a scapegoat especially since no driver on file when I start had a completed road test form in their file. It only became an issue after his second rollover in 3 months due to his 90 mile an hour dispatch, pushing fatigued drivers out with rush loads, way of running his business.
 
To me "competent to evaluate and determine" means he/she holds a CDL... I'm not sure an overpriced one day wonder course at a trucking association would render a person competent to evaluate whether a professional driver is in fact professional.. I would think (hope!).. that a TRUCKING company could come up with someone who can actually drive a truck and has a licence to that affect who could do the evaluating.. And about the insurance... well.. if you as a pro driver have ANY convictions on your three year public abstract i.e. not a clean abstract 75% of trucking companies won't even look at you.. claiming the insurance won't let them hire drivers with a single speeding violation or whatever.. yet those same insurance providers would allow a non driver who has zero truck driving experience to act as a fleet driver evaluator? Hmm sounds so sketchy to me.. and I've been in this industry for awhile.. I almost have to admit it may be true.. :(
 
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Let's throw another out their, Dangerous Goods, all certificates are Company Issued and you only have to prove the driver took a test out of a book. Don't get me wrong we did it with 1 individual years ago who we trusted his judgement and did a very good job. We now have an outside safety company recruit and train all of our drivers and it is working fantastic. Safety cannot be an after thought it needs to be fore front for anyone who owns equipment or you will not survive in the long run, you may get lucky for a lot of years but as we know that luck runs out.
 
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Freight Broker said:
To me "competent to evaluate and determine" means he/she holds a CDL... I'm not sure an overpriced one day wonder course at a trucking association would render a person competent to evaluate whether a professional driver is in fact professional.. I would think (hope!).. that a TRUCKING company could come up with someone who can actually drive a truck and has a licence to that affect who could do the evaluating.. And about the insurance... well.. if you as a pro driver have ANY convictions on your three year public abstract i.e. not a clean abstract 75% of trucking companies won't even look at you.. claiming the insurance won't let them hire drivers with a single speeding violation or whatever.. yet those same insurance providers would allow a non driver who has zero truck driving experience to act as a fleet driver evaluator? Hmm sounds so sketchy to me.. and I've been in this industry for awhile.. I almost have to admit it may be true.. :(
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They regulate who can teach at driving schools why would they not have a certification test available for those who are selected to provide a road test? Anyone with a Class I CDL license is qualified as long as the owner/management designates that person as competent. I had a Class 3 with air before and Class I beginners but that was over 30 years ago. I was not hired to road test drivers, I was hired to be a Dispatch/Planner and make sure the the company was getting rates that they could make money at but I was fired for not giving a driver a road test, when the owner assigned the owner of the truck as competent to do so.

As far as dangerous goods, that is a joke as well. All this company did was give them a book and a test. I check the answers and if they had 70% they passed. There was only one driver who had to do the test twice when I was there. I remember back in the 90's it was a course and even the dispatchers had to be certified. Now I am told dispatchers are not required to be certified.
 
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