49 CFR § 384.229 - Skills test examiner auditing and monitoring.

---
identifier: "/us/cfr/t49/s384.229"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 384.229 - Skills test examiner auditing and monitoring."
title_number: 49
title_name: "Transportation"
section_number: "384.229"
section_name: "Skills test examiner auditing and monitoring."
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "384"
part_name: "STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 31136, 31301,  and 31502; secs. 103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87."
regulatory_source: "59 FR 26039, May 18, 1994, unless otherwise noted."
cfr_part: "384"
---


# 384.229 Skills test examiner auditing and monitoring.

To ensure the integrity of the CDL skills testing program, the State must:

(a) At least once every 2 years, conduct unannounced, on-site inspections of third-party testers' and examiners' records, including comparison of the CDL skills test results of applicants who are issued CDLs with the CDL scoring sheets that are maintained in the third-party testers' files;

(b) At least once every 2 years, conduct covert and overt monitoring of examinations performed by State and third-party CDL skills test examiners.

(c) Establish and maintain a database to track pass/fail rates of applicants tested by each State and third-party CDL skills test examiner, in order to focus covert and overt monitoring on examiners who have unusually high pass or failure rates;

(d) Establish and maintain a database of all third-party testers and examiners, which at a minimum tracks the dates and results of audits and monitoring actions by the State, the dates third-party testers were certified by the State, and name and identification number of each third-party CDL skills test examiner;

(e) Establish and maintain a database of all State CDL skills examiners, which at a minimum tracks the dates and results of monitoring action by the State, and the name and identification number of each State CDL skills examiner; and

(f) Establish and maintain a database that tracks skills tests administered by each State and third-party CDL skills test examiner's name and identification number.

[76 FR 26896, May 9, 2011, as amended at 78 FR 58481, Sept. 24, 2013; 79 FR 59456, Oct. 2, 2014; 88 FR 80182, Nov. 17, 2023]