391.33—Equivalent of road test.
        
        (a) 
         In place of, and as equivalent to, the road test required by  § 391.31, a person who seeks to drive a commercial motor vehicle may present, and a motor carrier may accept—
    
    
        
        (1) 
         A valid Commercial Driver's License as defined in  § 383.5 of this subchapter, but not including double/triple trailer or tank vehicle endorsements, which has been issued to him/her to operate specific categories of commercial motor vehicles and which, under the laws of that State, licenses him/her after successful completion of a road test in a commercial motor vehicle of the type the motor carrier intends to assign to him/her; or
    
    
        
        (2) 
         A copy of a valid certificate of driver's road test issued to him/her pursuant to  § 391.31 within the preceding 3 years.
    
    
        
        (b) 
         If a driver presents, and a motor carrier accepts, a license or certificate as equivalent to the road test, the motor carrier shall retain a legible copy of the license or certificate in its files as part of the driver's qualification file.
    
    
        
        (c) 
         A motor carrier may require any person who presents a license or certificate as equivalent to the road test to take a road test or any other test of  his/her driving skill as a condition to his/her employment as a driver.
    
    [35 FR 6460, Apr. 22, 1970, as amended at 60 FR 38744, July 28, 1995; 63 FR 33277, June 18, 1998]