Passing
How the tests are built, and what counts as passing
Three sections decide what a test looks like and when you have beaten it. § 383.131 requires a State to provide every applicant an FMCSA pre-approved driver information manual, comparable to the AAMVA model commercial driver manual the agency approves and supplies to State licensing agencies, and lists what that manual must contain — including how to obtain a license and endorsements, and the requirements of § 383.71, the implied consent to alcohol testing at § 383.72, and the penalties under § 383.51(b) for refusing that testing. § 383.133 then requires that all tests be constructed to determine whether the applicant possesses the required knowledge and skills for the vehicle type or endorsement sought, and requires States to build knowledge tests from the FMCSA pre-approved pool of test questions. The consequence for a candidate is a good one: the tests are not improvised locally, and the manual you are given is the manual the questions come from.
§ 383.135 sets the bar. To achieve a passing score on each knowledge test, an applicant must correctly answer at least 80 percent of the questions. To pass each segment of the skills test, the applicant must demonstrate all the skills listed in § 383.113 and attain the scores listed in the examiner manual for the type of vehicle being used. Both are stated per test and per segment — there is no aggregate.
What happens on a partial failure is the practical heart of the section, and it is not always simply another attempt. Fail the air brake portion of the knowledge test — score under 80 percent on it — and if a permit or license is issued, an air brake restriction must be indicated under § 383.95(a). Fail the combination vehicle portion and a Group A permit or license must NOT be issued at all. And under § 383.135(b)(2), an applicant who does not obey traffic laws, causes an accident during the test, or commits any other offense listed as a reason for automatic failure in the driver and examiner manuals must automatically fail — regardless of how the rest of the test went. The manual § 383.131 gave you is the same document that lists those offenses.
Key terms
80 percentDriver information manualPre-approved question poolAutomatic failureAir brake portion