Truck Talk: CDL License Requirements

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A Commercial Driver’s License is not simply a regular driver’s license for bigger vehicles. It is a federal certification that requires medical fitness, testing, and ongoing compliance with safety standards that far exceed what ordinary drivers must meet. When a CDL driver causes a crash, whether that driver actually met those requirements becomes one of the first questions in any liability analysis.

What Federal Law Requires for a CDL

The baseline requirements for commercial drivers are set out in 49 CFR Part 391, the FMCSA’s Qualifications of Drivers regulation. To obtain and maintain a CDL, a driver must:

• Be at least 21 years old to operate in interstate commerce (18 is permitted for intrastate operations in some states)
• Pass a physical examination by a certified medical examiner and carry a valid medical certificate
• Speak and read English sufficiently to understand highway traffic signs and regulations
• Pass written knowledge tests and a skills test that includes a pre-trip vehicle inspection, basic vehicle control, and an on-road driving test
• Have no more than one commercial driver’s license and not be disqualified from driving in any state

The medical examination requirement is ongoing. 49 CFR 391.45 requires most commercial drivers to be re-examined at least every 24 months, with shorter intervals for drivers with certain medical conditions such as high blood pressure or diabetes. A driver operating without a current, valid medical certificate is operating in violation of federal law.

CDL Disqualifications and What They Mean

The CDL system includes mandatory disqualification provisions. Under 49 CFR Part 383, a driver is disqualified from operating a commercial motor vehicle for:

• A DUI conviction in either a commercial or personal vehicle
• Leaving the scene of a crash involving a commercial motor vehicle
• Using a commercial vehicle in the commission of a felony
• Two or more serious traffic violations within a three-year period (including speeding 15 mph over the limit, reckless driving, and improper lane changes)
• Two violations of the cell phone prohibition under 49 CFR 392.82 within three years

When a disqualified driver causes a crash, the carrier that put that driver behind the wheel faces direct liability for negligent entrustment. Attorney Jon Hollan has discussed how motor carrier hire practices are examined closely in litigation: if a carrier failed to check the FMCSA’s Pre-Employment Screening Program before hiring, that omission is evidence of negligence.

What Carriers Must Verify Before Putting a Driver on the Road

Under 49 CFR Part 391, motor carriers must obtain a driver application, verify the driver’s license and employment history for the previous ten years, obtain a motor vehicle record from every state where the driver held a license in the previous three years, and confirm the driver’s medical certification is current. Carriers must also conduct pre-employment drug testing under 49 CFR Part 382.

Carriers who skip these steps, or who ignore red flags in a driver’s record, are exposed to claims of negligent hiring when that driver’s history contributes to a crash.

Kentucky CDL Issues and Road Safety

Kentucky issues CDLs through the Transportation Cabinet and requires compliance with all federal minimums. Drivers operating on I-64, I-65, and I-75 in Kentucky who lack a current medical certificate or who are operating on a suspended CDL from a prior violation are identifiable through the FMCSA’s SAFER system. In Kentucky, KRS 281A governs commercial driver licensing and parallels the federal framework.

If a crash on a Kentucky highway involves a commercial driver and the crash report lists the driver’s CDL number, that information opens a searchable record that may reveal prior disqualifications, violations, and medical certificate lapses that a carrier should have caught before putting the driver on the road. More on how driver records factor into crash liability appears in the Truck Talk episode on crash responsibility.

How CDL Violations Affect a Crash Claim in Kentucky

When a truck driver operates with an expired medical certificate, a suspended CDL, or on a route that exceeds their license endorsement level, those violations are admissible in a Kentucky civil case as evidence of negligence per se. The logic is straightforward: the driver failed to meet the minimum federal standard before getting behind the wheel, and that failure is directly connected to the crash.

Carriers that do not conduct annual motor vehicle record checks on their drivers, as recommended by industry safety standards, may miss CDL suspensions or violations that occurred after hire. 49 CFR Part 391 requires carriers to obtain a motor vehicle record from each state where the driver was licensed in the prior three years during the pre-employment process, and annually thereafter. A carrier that skips the annual check and later discovers the driver had a disqualifying violation creates strong evidence of negligent retention.

Kentucky crash victims who obtain the police crash report and note the driver’s CDL number have a searchable identifier that opens the door to the driver’s full regulatory history. The FMCSA SAFER database provides carrier-level information, and subpoenas in litigation compel production of the driver’s complete qualification file, including every motor vehicle record check the carrier ever ran. If that file is thin or incomplete, that omission is evidence of negligence.

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