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Discovering the regulation
Part 391
§ 391.1
(a) The rules in this part establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on behalf of motor carriers. The rules in this part also establish minimum duties of motor carriers with respect to the qualifications of their drivers.(b) A motor carrier who employs himself/herself as a driver must comply with both the rules in this part that apply to motor carriers and the rules in this part that apply to drivers.
Scope of the rules in this part; additional qualifications; duties of carrier-drivers.§ 391.2
(a) Farm custom operation. The rules in this part do not apply to a driver who drives a commercial motor vehicle controlled and operated by a person engaged in custom-harvesting operations, if the commercial motor vehicle is used to— (1) Transport farm machinery, supplies, or both, to or from a farm for custom-harvesting operations on a farm; or(2) Transport custom-harvested crops to storage or market. (b) Apiarian industries. The rules in this part do not apply to a driver who is operating a commercial motor vehicle controlled and operated by a beekeeper engaged in the seasonal transportation of bees. (c) Certain farm vehicle drivers. The rules in this part do not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) commercial motor vehicle, as defined in § 390.5. (For limited exemptions for farm vehicle drivers of articulated commercial motor vehicles, see § 391.67.)
General exemptions.§ 391.11
(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in § 391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle. (b) Except as provided in subpart G of this part, a person is qualified to drive a motor vehicle if he/she—(1) Is at least 21 years old;(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;(3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;(4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part;(5) Has a currently valid commercial motor vehicle operator’s license issued only by one State or jurisdiction;(6) Has prepared and furnished the motor carrier that employs him/her with the list of violations or the certificate as required by § 391.27;(7) Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15; and(8) Has successfully completed a driver’s road test and has been issued a certificate of driver’s road test in accordance with § 391.31, or has presented an operator’s license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with § 391.33.
General qualifications of drivers.§ 391.13
In order to comply with the requirements of § 392.9(a) and § 393.9 of this subchapter, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless the person—(a) Can, by reason of experience, training, or both, determine whether the cargo he/she transports (including baggage in a passenger-carrying commercial motor vehicle) has been properly located, distributed, and secured in or on the commercial motor vehicle he/she drives;(b) Is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle he/she drives.
Responsibilities of drivers.§ 391.15
(a) General. A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier shall not require or permit a driver who is disqualified to drive a commercial motor vehicle. (b) Disqualification for loss of driving privileges. (1) A driver is disqualified for the duration of the driver’s loss of his/her privilege to operate a commercial motor vehicle on public highways, either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator’s license, permit, or privilege, until that operator’s license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it. (2) A driver who receives a notice that his/her license, permit, or privilege to operate a commercial motor vehicle has been revoked, suspended, or withdrawn shall notify the motor carrier that employs him/her of the contents of the notice before the end of the business day following the day the driver received it. (c) Disqualification for criminal and other offenses— (1) General rule. A driver who is convicted of (or forfeits bond or collateral upon a charge of) a disqualifying offense specified in paragraph (c)(2) of this section is disqualified for the period of time specified in paragraph (c)(3) of this section, if— (i) The offense was committed during on-duty time as defined in § 395.2(a) of this subchapter or as otherwise specified; and (ii) The driver is employed by a motor carrier or is engaged in activities that are in furtherance of a commercial enterprise in interstate, intrastate, or foreign commerce; (2) Disqualifying offenses. The following offenses are disqualifying offenses: (i) Driving a commercial motor vehicle while under the influence of alcohol. This shall include:(A) Driving a commercial motor vehicle while the person’s alcohol concentration is 0.04 percent or more;(B) Driving under the influence of alcohol, as prescribed by State law; or(C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of § 391.15(c)(2)(i) (A) or (B), or § 392.5(a)(2). (ii) Driving a commercial motor vehicle under the influence of a 21 CFR 1308.11 Schedule I identified controlled substance, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug; (iii) Transportation, possession, or unlawful use of a 21 CFR 1308.11 Schedule I identified controlled substance, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while the driver is on duty, as the term on-duty time is defined in § 395.2 of this subchapter; (iv) Leaving the scene of an accident while operating a commercial motor vehicle; or(v) A felony involving the use of a commercial motor vehicle. (3) Duration of disqualification—(i) First offenders. A driver is disqualified for 1 year after the date of conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, the driver was not convicted of, or did not forfeit bond or collateral upon a charge of an offense that would disqualify the driver under the rules of this section. Exemption. The period of disqualification is 6 months if the conviction or forfeiture of bond or collateral soley concerned the transportation or possession of substances named in paragraph (c)(2)(iii) of this section. (ii) Subsequent offenders. A driver is disqualified for 3 years after the date of his/her conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, he/she was convicted of, or forfeited bond or collateral upon a charge of, an offense that would disqualify him/her under the rules in this section. (d) Disqualification for violation of out-of-service orders—(1) General rule. A driver who is convicted of violating an out-of-service order is disqualified for the period of time specified in paragraph (d)(2) of this section. (2) Duration of disqualification for violation of out-of-service orders—(i) First violation. A driver is disqualified for not less than 90 days nor more than one year if the driver is convicted of a first violation of an out-of-service order. (ii) Second violation. A driver is disqualified for not less than one year nor more than five years if, during any 10-year period, the driver is convicted of two violations of out-of-service orders in separate incidents. (iii) Third or subsequent violation. A driver is disqualified for not less than three years nor more than five years if, during any 10-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents. (iv) Special rule for hazardous materials and passenger offenses. A driver is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.), or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any 10-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver.
Disqualification of drivers.§ 391.21
(a) Except as provided in subpart G of this part, a person shall not drive a commercial motor vehicle unless he/she has completed and furnished the motor carrier that employs him/her with an application for employment that meets the requirements of paragraph (b) of this section.(b) The application for employment shall be made on a form furnished by the motor carrier. Each application form must be completed by the applicant, must be signed by him/her, and must contain the following information:(1) The name and address of the employing motor carrier;(2) The applicant’s name, address, date of birth, and social security number;(3) The addresses at which the applicant has resided during the 3 years preceding the date on which the application is submitted;(4) The date on which the application is submitted;(5) The issuing State, number, and expiration date of each unexpired commercial motor vehicle operator’s license or permit that has been issued to the applicant;(6) The nature and extent of the applicant’s experience in the operation of motor vehicles, including the type of equipment (such as buses, trucks, truck tractors, semitrailers, full trailers, and pole trailers) which he/she has operated;(7) A list of all motor vehicle accidents in which the applicant was involved during the 3 years preceding the date the application is submitted, specifying the date and nature of each accident and any fatalities or personal injuries it caused;(8) A list of all violations of motor vehicle laws or ordinances (other than violations involving only parking) of which the applicant was convicted or forfeited bond or collateral during the 3 years preceding the date the application is submitted;(9) A statement setting forth in detail the facts and circumstances of any denial, revocation, or suspension of any license, permit, or privilege to operate a motor vehicle that has been issued to the applicant, or a statement that no such denial, revocation, or suspension has occurred;(10) A list of the names and addresses of the applicant’s employers during the 3 years preceding the date the application is submitted, together with the dates he/she was employed by, and his/her reason for leaving the employ of, each employer;(11) For those drivers applying to operate a commercial motor vehicle as defined by Part 383 of this subchapter, a list of the names and addresses of the applicant’s employers during the 7-year period preceding the 3 years contained in paragraph (b)(10) of this section for which the applicant was an operator of a commercial motor vehicle, together with the dates of employment and the reasons for leaving such employment; and (12) The following certification and signature line, which must appear at the end of the application form and be signed by the applicant: This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge.(c) A motor carrier may require an applicant to provide information in addition to the information required by paragraph (b) of this section on the application form.(d) Before an application is submitted, the motor carrier shall inform the applicant that the information he/she provides in accordance with paragraph (b) (10) of this section may be used, and the applicant’s prior employers may be contacted, for the purpose of investigating the applicant’s background as required by § 391.23.
Application for employment.§ 391.23
(a) Except as provided in subpart G of this part, each motor carrier shall make the following investigations and inquiries with respect to each driver it employs, other than a person who has been a regularly employed driver of the motor carrier for a continuous period which began before January 1, 1971: (1) An inquiry into the driver’s driving record during the preceding 3 years to the appropriate agency of every State in which the driver held a motor vehicle operator’s license or permit during those 3 years; and(2) An investigation of the driver’s employment record during the preceding 3 years.(b) The inquiry to State agencies required by paragraph (a)(1) of this section must be made within 30 days of the date the driver’s employment begins and shall be made in the form and manner those agencies prescribe. A copy of the response by each State agency, showing the driver’s driving record or certifying that no driving record exists for that driver, shall be retained in the carrier’s files as part of the driver’s qualification file.(c) The investigation of the driver’s employment record required by paragraph (a)(2) of this section must be made within 30 days of the date his/her employment begins. The investigation may consist of personal interviews, telephone interviews, letters, or any other method of obtaining information that the carrier deems appropriate. Each motor carrier must make a written record with respect to each past employer who was contacted. The record must include the past employer’s name and address, the date he/she was contacted, and his/her comments with respect to the driver. The record shall be retained in the motor carrier’s files as part of the driver’s qualification file.
Investigation and inquiries.§ 391.25
(a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry into the driving record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator’s license or permit during the time period.(b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the driving record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to § 391.15.(1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).(2) The motor carrier must consider the driver’s accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.(c) Recordkeeping. (1) A copy of the response from each State agency to the inquiry required by paragraph (a) of this section shall be maintained in the driver’s qualification file.(2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver’s qualification file.
Annual inquiry and review of driving record.§ 391.27
(a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, require each driver it employs to prepare and furnish it with a list of all violations of motor vehicle traffic laws and ordinances (other than violations involving only parking) of which the driver has been convicted or on account of which he/she has forfeited bond or collateral during the preceding 12 months. (b) Each driver shall furnish the list required in accordance with paragraph (a) of this section. If the driver has not been convicted of, or forfeited bond or collateral on account of, any violation which must be listed, he/she shall so certify. (c) The form of the driver’s list or certification shall be prescribed by the motor carrier. The following form may be used to comply with this section: I certify that the following is a true and complete list of traffic violations (other than parking violations) for which I have been convicted or forfeited bond or collateral during the past 12 months. If no violations are listed above, I certify that I have not been convicted or forfeited bond or collateral on account of any violation required to be listed during the past 12 months. (d) The motor carrier shall retain the list or certificate required by this section, or a copy of it, in its files as part of the driver’s qualification file.(e) Drivers who have provided information required by § 383.31 of this subchapter need not repeat that information in the annual list of violations required by this section.
Record of violations.§ 391.31
(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.(c) The road test must be of sufficient duration to enable the person who gives it to evaluate the skill of the person who takes it at handling the commercial motor vehicle, and associated equipment, that the motor carriers intends to assign to him/her. As a minimum, the person who takes the test must be tested, while operating the type of commercial motor vehicle the motor carrier intends to assign him/her, on his/her skill at performing each of the following operations:(1) The pretrip inspection required by § 392.7 of this subchapter;(2) Coupling and uncoupling of combination units, if the equipment he/she may drive includes combination units;(3) Placing the commercial motor vehicle in operation;(4) Use of the commercial motor vehicle’s controls and emergency equipment;(5) Operating the commercial motor vehicle in traffic and while passing other motor vehicles;(6) Turning the commercial motor vehicle;(7) Braking, and slowing the commercial motor vehicle by means other than braking; and(8) Backing and parking the commercial motor vehicle.(d) The motor carrier shall provide a road test form on which the person who gives the test shall rate the performance of the person who takes it at each operation or activity which is a part of the test. After he/she completes the form, the person who gave the test shall sign it.(e) If the road test is successfully completed, the person who gave it shall complete a certificate of driver’s road test in substantially the form prescribed in paragraph (f) of this section.(f) The form for the certificate of driver’s road test is substantially as follows:This is to certify that the above-named driver was given a road test under my supervision on ______, 19__, consisting of approximately ___ miles of driving. It is my considered opinion that this driver possesses sufficient driving skill to operate safely the type of commercial motor vehicle listed above. (g) A copy of the certificate required by paragraph (e) of this section shall be given to the person who was examined. The motor carrier shall retain in the driver qualification file of the person who was examined—(1) The original of the signed road test form required by paragraph (d) of this section; and(2) The original, or a copy of, the certificate required by paragraph (e) of this section.
Road test.§ 391.33
(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.
Equivalent of road test.§ 391.41
(a) A person shall not drive a commercial motor vehicle unless he/she is physically qualified to do so and, except as provided in § 391.67, has on his/her person the original, or a photographic copy, of a medical examiner’s certificate that he/she is physically qualified to drive a commercial motor vehicle.(b) A person is physically qualified to drive a commercial motor vehicle if that person—(1) Has no loss of a foot, a leg, a hand, or an arm, or has been granted a waiver pursuant to § 391.49;(2) Has no impairment of:(i) A hand or finger which interferes with prehension or power grasping; or(ii) An arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle; or any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle; or has been granted a waiver pursuant to § 391.49.(3) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control;(4) Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure. (5) Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely; (6) Has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a commercial motor vehicle safely;(7) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with his/her ability to control and operate a commercial motor vehicle safely;(8) Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a commercial motor vehicle;(9) Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely;(10) Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal Meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber;(11) First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. (12)(i) Does not use a controlled substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or any other habit-forming drug. (ii) Exception. A driver may use such a substance or drug, if the substance or drug is prescribed by a licensed medical practitioner who: (A) Is familiar with the driver’s medical history and assigned duties; and(B) Has advised the driver that the prescribed substance or drug will not adversely affect the driver’s ability to safely operate a commercial motor vehicle; and(13) Has no current clinical diagnosis of alcoholism.
Physical qualifications for drivers.§ 391.43
(a) Except as provided by paragraph (b) of this section, the medical examination shall be performed by a licensed medical examiner as defined in § 390.5 of this subchapter.(b) A licensed optometrist may perform so much of the medical examination as pertains to visual acuity, field of vision, and the ability to recognize colors as specified in paragraph (10) of § 391.41(b).(c) Medical examiners shall:(1) Be knowledgeable of the specific physical and mental demands associated with operating a commercial motor vehicle and the requirements of this subpart, including the medical regulatory criteria prepared by the FHWA as guidelines to aid the medical examiner in making the qualification determination; and(2) Be proficient in the use of and use the medical protocols necessary to adequately perform the medical examination required by this section.(d) Any driver authorized to operate a commercial motor vehicle within an exempt intracity zone pursuant to § 391.2(d) shall furnish the examining medical examiner with a copy of the medical findings that led to the issuance of the first certificate of medical examination which allowed the driver to operate a commercial motor vehicle wholly within an exempt intracity zone. (e) Any driver operating under a limited exemption authorized by § 391.64 shall furnish the medical examiner with a copy of the annual medical findings of the endocrinologist, ophthalmologist or optometrist, as required under that section. If the medical examiner finds the driver qualified under the limited exemption in § 391.64, such fact shall be noted on the Medical Examiner’s Certificate. (f) The medical examination shall be performed, and its results shall be recorded, substantially in accordance with the following instructions and examination form. Existing forms may be used until current printed supplies are depleted or until March 31, 1997.The examining medical examiner should review these instructions before performing the physical examination. Answer each question yes or no where appropriate.The examining medical examiner should be aware of the rigorous physical demands and mental and emotional responsibilities placed on the driver of a commercial motor vehicle. In the interest of public safety the examining medical examiner is required to certify that the driver does not have any physical, mental, or organic defect of such a nature as to affect the driver’s ability to operate safely a commercial motor vehicle. General information. The purpose of this history and physical examination is to detect the presence of physical, mental, or organic defects of such a character and extent as to affect the applicant’s ability to operate a commercial motor vehicle safely. The examination should be made carefully and at least as complete as indicated by the attached form. History of certain defects may be cause for rejection or indicate the need for making certain laboratory tests or a further, and more stringent, examination. Defects may be recorded which do not, because of their character or degree, indicate that certification of physical fitness should be denied. However, these defects should be discussed with the applicant and he/she should be advised to take the necessary steps to insure correction, particularly of those which, if neglected, might lead to a condition likely to affect his/her ability to drive safely. General appearance and development. Note marked overweight. Note any posture defect, perceptible limp, tremor, or other defects that might be caused by alcoholism, thyroid intoxication, or other illnesses. The Federal Motor Carrier Safety Regulations provide that no driver shall use a narcotic or other habit-forming drugs. Head-eyes. When other than the Snellen chart is used, the results of such test must be expressed in values comparable to the standard Snellen test. If the applicant wears corrective lenses, these should be worn while applicant’s visual acuity is being tested. If appropriate, indicate on the Medical Examiner’s Certificate by checking the box, “Qualified only when wearing corrective lenses.” In recording distance vision use 20 feet as normal. Report all vision as a fraction with 20 as numerator and the smallest type read at 20 feet as denominator. Note ptosis, discharge, visual fields, ocular muscle imbalance, color blindness, corneal scar, exophtalmos, or strabismus, uncorrected by corrective lenses. Monocular drivers are not qualified to operate commercial motor vehicles under existing Federal Motor Carrier Safety Regulations. If the driver habitually wears contact lenses, or intends to do so while driving, there should be sufficient evidence to indicate that he/she has good tolerance is well adapted to their use. The use of contact lenses should be noted on the record. Ears. Note evidence of mastoid or middle ear disease, discharge, symptoms of aural vertigo, or Meniere’s Syndrome. When recording hearing, record distance from patient at which a forced whispered voice can first be heard. If audiometer is used to test hearing, record decibel loss at 500 Hz, 1,000 Hz, and 2,000 Hz. Throat. Note evidence of disease, irremediable deformities of the throat likely to interfere with eating or breathing, or any laryngeal condition which could interfere with the safe operation of a commercial motor vehicle. Thorax-heart. Stethoscopic examination is required. Note murmurs and arrhythmias, and any past or present history of cardiovascular disease, of a variety known to be accompanied by syncope, dyspnea, collapse, enlarged heart, or congestive heart failures. Electrocardiogram is required when findings so indicate. Blood pressure. Record with either spring or mercury column type of sphygo-mo-mano-meter. If the blood pressure is consistently above 160/90 mm. Hg., further tests may be necessary todetermine whether the driver is qualified to operate a commercial motor vehicle. Lungs. If any lung disease is detected, state whether active or arrested; if arrested, your opinion as to how long it has been quiescent. Gastrointestinal system. Note any diseases of the gastrointestinal system. Abdomen. Note wounds, injuries, scars, or weakness of muscles of abdominal walls sufficient to interfere with normal function. Any hernia should be noted if present. State how long and if adequately contained by truss. Abnormal masses. If present, note location, if tender, and whether or not applicant knows how long they have been present. If the diagnosis suggests that the condition might interfere with the control and safe operation of a commercial motor vehicle, more stringent tests must be made before the applicant can be certified. Tenderness. When noted, state where most pronounced, and suspected cause. If the diagnosis suggests that the condition might interfere with the control and safe operation of a commercial motor vehicle, more stringent tests must be made before the applicant can be certified. Genito-urinary. Urinalysis is required. Acute infections of the genito-urinary tract, as defined by local and State public health laws, indications from urinalysis of uncontrolled diabetes, symptomatic albumin-urea in the urine, or other findings indicative of health conditions likely to interfere with the control and safe operation of a commercial motor vehicle, will disqualify an applicant from operating a motor vehicle. Neurological. If positive Romberg is reported, indicate degrees of impairment. Pupillary reflexes should be reported for both light and accommodation. Knee jerks are to be reported absent only when not obtainable upon reinforcement and as increased when foot is actually lifted from the floor following a light blow on the patella, sensory vibratory and positional abnormalities should be noted. Extremities. Carefully examine upper and lower extremities. Record the loss of impairment of a leg, foot, toe, arm, hand, or fingers. Note any and all deformities, the presence of atrophy, semiparalysis or paralysis, or varicose veins. If a hand or finger deformity exists, determine whether sufficient grasp is present to enable the driver to secure and maintain a grip on the steering wheel. If a leg deformity exists, determine whether sufficient mobility and strength exist to enable the driver to operate pedals properly. Particular attention should be given to and a record should be made of, any impairment or structural defect which may interfere with the driver’s ability to operate a commercial motor vehicle safely. Spine. Note deformities, limitation of motion, or any history of pain, injuries, or disease, past or presently experienced in the cervical or lumbar spine region. If findings so dictate, radiologic and other examinations should be used to diagnose congenital or acquired defects; or spondylolisthesis and scoliosis. Recto-genital studies. Diseases or conditions causing discomfort should be evaluated carefully to determine the extent to which the condition might be handicapping while lifting, pulling, or during periods of prolonged driving that might be necessary as part of the driver’s duties. Laboratory and other special findings. Urinalysis is required, as well as such other tests as the medical history or findings upon physical examination may indicate are necessary. A serological test is required if the applicant has a history of luetic infection or present physical findings indicate the possibility of latent syphilis. Other studies deemed advisable may be ordered by the examining medical examiner. Diabetes. If insulin is necessary to control a diabetic condition, the driver is not qualified to operate a commercial motor vehicle. If mild diabetes is noted at the time of examination and it is stabilized by use of ahypoglycemic drug and a diet that can be obtained while the driver is on duty, it should not be considered disqualifying. However, the driver must remain under adequate medical supervision. The medical examiner must date and sign his/her findings upon completion of the examination.Good __ Fair __ Poor __Right 20/ __ Left 20/ __ □ Without corrective lenses. □ With corrective lenses if worn. Evidence of disease or injury:Right __ Left __Color Test ________________Horizontal field of vision:Right __° Left __°Right ear __ Left ear __Disease or injury _____________ Heart ___________________ Blood pressure:Systolic __ Diastolic __Pulse: Before exercise _______Immediately after exercise ______Lungs ____________Scars __ Abnormal masses __Tenderness __Hernia: Yes __ No __If so, where? ____________Is truss worn? ________Ulceration or other disease:Yes __ No __Scars ___________________Urethral discharge ____________Romberg _________________Pupillary __ Light R __ L __Accommodation Right __ Left __Right:Normal __ Increased __ Absent __Left:Normal __ Increased __ Absent __Remarks _________________Upper ___________________Lower ___________________Spine ___________________Urine: Spec. Gr. __ Alb. __Sugar __Other laboratory data (Serology, etc.) _______________________Radiological data _____________Electrocardiograph ____________This section to be completed only when visual test is conducted by a licensed ophthalmologist or optometrist.(g) If the medical examiner finds that the person he/she examined is physically qualified to drive a commercial motor vehicle in accordance with § 391.41(b), he/she shall complete a certificate in the form prescribed in paragraph (g) of this section and furnish one copy to the person who was examined and one copy to the motor carrier that employs him/her. (h) The medical examiner’s certificate shall be in accordance with the following form. Existing forms may be used until current printed supplies are depleted or until March 31, 1997, provided that the medical examiner writes down in pen and ink any applicable information contained in the following form: I certify that I have examined (Driver’s Name—Print) In accordance with the Federal Motor Carrier Safety Regulations (49 CFR 391.41 through 391.49) and with knowledge of his/her duties, I find him/her qualified under the regulations. _Qualified only when wearing corrective lenses_Qualified only when wearing a hearing aid_Qualified by operation of 49 CFR 391.64_Medically unqualified unless accompanied by a ___ waiver _Medically unqualified unless driving within an exempt intracity zone A completed examination form for this person is on file in my office. Area Code & Telephone Number (License or Certificate No.) (State in Which Licensed) (Expiration Date) (Name & Title of Medical Examiner—Print) (Signature of Medical Examiner) (Signature of Driver) (Address of Driver) For Federal Register citations affecting § 391.43, see the List of CFR Sections Affected in the Finding Aids section of this volume.
Medical examination; certificate of physical examination.§ 391.45
Except as provided in § 391.67, the following persons must be medically examined and certified in accordance with § 391.43 as physically qualified to operate a commercial motor vehicle:(a) Any person who has not been medically examined and certified as physically qualified to operate a commercial motor vehicle;(b)(1) Any driver who has not been medically examined and certified as qualified to operate a commercial motor vehicle during the preceding 24 months; or(2) Any driver authorized to operate a commercial motor vehicle only with an exempt intracity zone pursuant to § 391.62, or only by operation of the exemption in § 391.64, if such driver has not been medically examined and certified as qualified to drive in such zone during the preceding 12 months; and(c) Any driver whose ability to perform his/her normal duties has been impaired by a physical or mental injury or disease.
Persons who must be medically examined and certified.§ 391.47
(a) Applications. Applications for determination of a driver’s medical qualifications under standards in this part will only be accepted if they conform to the requirements of this section. (b) Content. Applications will be accepted for consideration only if the following conditions are met. (1) The application must contain the name and address of the driver, motor carrier, and all physicians involved in the proceeding.(2) The applicant must submit proof that there is a disagreement between the physician for the driver and the physician for the motor carrier concerning the driver’s qualifications.(3) The applicant must submit a copy of an opinion and report including results of all tests of an impartial medical specialist in the field in which the medical conflict arose. The specialist should be one agreed to by the motor carrier and the driver.(i) In cases where the driver refuses to agree on a specialist and the applicant is the motor carrier, the applicant must submit a statement of his/her agreement to submit the matter to an impartial medical specialist in the field, proof that he/she has requested the driver to submit to the medical specialist, and the response, if any, of the driver to his/her request.(ii) In cases where the motor carrier refuses to agree on a medical specialist, the driver must submit an opinion and test results of an impartial medical specialist, proof that he/she has requested the motor carrier to agree to submit the matter to the medical specialist and the response, if any, of the motor carrier to his/her request.(4) The applicant must include a statement explaining in detail why the decision of the medical specialist identified in paragraph (b)(3) of this section, is unacceptable.(5) The applicant must submit proof that the medical specialist mentioned in paragraph (b)(3) of this section was provided, prior to his/her determination, the medical history of the driver and an agreed-upon statement of the work the driver performs.(6) The applicant must submit the medical history and statement of work provided to the medical specialist under paragraph (b)(5) of this section. (7) The applicant must submit all medical records and statements of the physicians who have given opinions on the driver’s qualifications. (8) The applicant must submit a description and a copy of all written and documentary evidence upon which the party making application relies in the form set out in 49 CFR 386.37.(9) The application must be accompanied by a statement of the driver that he/she intends to drive in interstate commerce not subject to the commercial zone exemption or a statement of the carrier that he/she has used or intends to use the driver for such work.(10) The applicant must submit three copies of the application and all records. (c) Information. The Director, Office of Motor Carrier Research and Standards may request further information from the applicant if he/she determines that a decision cannot be made on the evidence submitted. If the applicant fails to submit the information requested, the Director may refuse to issue a determination. (d)(1) Action. Upon receiving a satisfactory application the Director, Office of Motor Carrier Research and Standards shall notify the parties (the driver, motor carrier, or any other interested party) that the application has been accepted and that a determination will be made. A copy of all evidence received shall be attached to the notice. (2) Reply. Any party may submit a reply to the notification within 15 days after service. Such reply must be accompanied by all evidence the party wants the Director, Office of Motor Carrier Research and Standards to consider in making his/her determination. Evidence submitted should include all medical records and test results upon which the party relies. (3) Parties. A party for the purposes of this section includes the motor carrier and thedriver, or anyone else submitting an application. (e) Petitions to review, burden of proof. The driver or motor carrier may petition to review the Director’s determination. Such petition must be submitted in accordance with § 386.13(a) of this chapter. The burden of proof in such a proceeding is on the petitioner. (f) Status of driver. Once an application is submitted to the Director, Office of Motor Carrier Research and Standards, the driver shall be deemed disqualified until such time as the Director, Office of Motor Carrier Research and Standards makes a determination, or until the Director, Office of Motor Carrier Research and Standards orders otherwise.
Resolution of conflicts of medical evaluation.§ 391.49
(a) A person who is not physically qualified to drive under § 391.41(b) (1) or (2) and who is otherwise qualified to drive a commercial motor vehicle, may drive a commercial motor vehicle, if the Regional Director of Motor Carriers has granted a waiver to that person. (b) A letter of application for a waiver may be submitted jointly by the person who seeks a waiver of the physical disqualification (driver applicant) and by the motor carrier that will employ the driver applicant if the application is granted. The application must be addressed to the Regional Director of Motor Carriers for the region in which the coapplicant motor carrier’s principal place of business is located. The address for each regional office is listed in § 390.27 of this subchapter. Exception. A letter of application for a waiver may be submitted unilaterally by a driver applicant. The application must be addressed to the Regional Director of Motor Carriers for the region in which the driver has legal residence. The address of each regional office is listed in § 390.27 of this subchapter. The driver applicant must comply with all the requirements of paragraph (c) of this section except paragraphs (c)(1) (i) and (iii). The driver applicant shall respond to the requirements of paragraph (c)(2) (i) to (v) of this section, if the information is known. (c) A letter of application for a waiver shall contain— (1) Identification of the applicant(s): (i) Name and complete address of the motor carrier coapplicant;(ii) Name and complete address of the driver applicant;(iii) The Federal Highway Administration Motor Carrier Identification Number, if known; and(iv) A description of the driver applicant’s limb impairment for which waiver is requested.(2) Description of the type of operation the driver will be employed to perform:(i) State(s) in which the driver will operate for the motor carrier coapplicant (if more than 10 States, designate general geographic area only);(ii) Average period of time the driver will be driving and/or on duty, per day;(iii) Type of commodities or cargo to be transported;(iv) Type of driver operation (i.e. sleeper-team, relay, owner operator, etc.); and(v) Number of years experience operating the type of commercial motor vehicle(s) requested in the letter of application and total years of experience operating all types of motor vehicles.(3) Description of the commercial motor vehicle(s) the driver applicant intends to drive:(i) Truck, truck-tractor, or bus make, model, and year (if known);(ii) Drive train;(A) Transmission type (automatic or manual—if manual, designate number of forward speeds);(B) Auxiliary transmission (if any) and number of forward speeds; and(C) Rear axle (designate single speed, 2 speed, or 3 speed).(iii) Type of brake system;(iv) Steering, manual or power assisted;(v) Description of type of trailer(s) (i.e., van, flat bed, cargo tank, drop frame, lowboy, or pole);(vi) Number of semitrailers or full trailers to be towed at one time;(vii) For commercial motor vehicles designed to transport passengers, indicate the seating capacity of the commercial motor vehicle; and(viii) Description of any modification(s) made to the commercial motor vehicle for the driver applicant; attach photograph(s) where applicable.(4) Otherwise qualified:(i) The coapplicant motor carrier must certify that the driver applicant is otherwise qualified under the regulations of this part;(ii) In the case of a unilateral application, the driver applicant must certify that (s)he is otherwise qualified under the regulations of this part.(5) Signature of applicant(s):(i) Driver applicant’s signature and date signed;(ii) Motor carrier official’s signature (if application has a coapplicant), title, and date signed. Dependent upon the motor carrier’s organizational structure (corporation, partnership, or proprietorship), this signer of the application shall be an officer, partner, or the proprietor.(d) The letter of application for a waiver shall be accompanied by:(1) A copy of the results of the medical examination performed pursuant to § 391.43;(2) A copy of the medical certificate completed pursuant to § 391.43(e); (3) A medical evaluation summary completed by either a board qualified or board certified physiatrist (doctor of physical medicine) or orthopedic surgeon; The coapplicant motor carrier or the driver applicant shall provide the physiatrist or orthopedic surgeon with a description of the job tasks the driver applicant will be required to perform.(i) The medical evaluation summary for a driver applicant disqualified under § 391.41(b)(1) shall include:(A) An assessment of the functional capabilities of the driver as they relate to the ability of the driver to perform normal tasks associated with operating a commercial motor vehicle, and(B) A statement by the examiner that the applicant is capable of demonstrating precision prehension (e.g., manipulating knobs and switches) and power grasp prehension (e.g., holding and maneuvering the steering wheel) with each upper limb separately. This requirement does not apply to an individual who was granted a waiver, absent a prosthetic device, prior to the publication of this amendment. (ii) The medical evaluation summary for a driver applicant disqualified under § 391.41(b)(2) shall include: (A) An explanation as to how and why the impairment interferes with the ability of the applicant to perform normal tasks associated with operating a commercial motor vehicle;(B) An assessment and medical opinion of whether the condition will likely remain medically stable over the lifetime of the driver applicant; and(C) A statement by the examiner that the applicant is capable of demonstrating precision prehension (e.g., manipulating knobs and switches) and power grasp prehension (e.g., holding and maneuvering the steering wheel) with each upper limb separately. This requirement does not apply to an individual who was granted a waiver, absent an orthotic device, prior to the publication of this amendment.(4) A description of the driver applicant’s prosthetic or orthotic device worn, if any, by the driver applicant;(5) Road test:(i) A copy of the driver applicant’s road test administered by the motor carrier coapplicant and the certificate issued pursuant to § 391.31 (b) through (g); or(ii) A unilateral applicant shall be responsible for having a road test administered by a motor carrier or a person who is competent to administer the test and evaluate its results.(6) Application for employment:(i) A copy of the driver applicant’s application for employment completed pursuant to § 391.21; or(ii) A unilateral applicant shall be responsible for submitting a copy of the last commercial driving position’s employment application s/he held. If not previously employed as a commercial driver, so state.(7) A copy of the driver applicant’s waiver of certain physical defects issued by the individual State(s), where applicable; and(8) A copy of the driver applicant’s State Motor Vehicle Driving Record for the past 3 years from each State in which a motor vehicle driver’s license or permit has been obtained. (e) Agreement. A motor carrier that employs a driver with a waiver agrees to: (1) File promptly (within 30 days) with the Regional Director of Motor Carriers such documents and information as may be required about driving activities, accidents, arrests, license suspensions, revocations, or withdrawals, and convictions which involve the driver applicant. This applies whether the driver’s waiver is a unilateral one or has a coapplicant motor carrier;(i) A motor carrier who is a coapplicant must file the required documents with the Regional Director of Motor Carriers for the region in which the carrrier’s principal place of business is located; or(ii) A motor carrier who employs a driver who has been issued a unilateral waiver must file the required documents with the Regional Director of Motor Carriers for the region in which the driver has legal residence. (2) Evaluate the driver with a road test using the trailer the motor carrier intends the driver to transport or, in lieu of, accept a certificate of a trailer road test from another motor carrier if the trailer type(s) is similar or accept the trailer road test done during the Skill Performance Evaluation if it is a similar trailer type(s) to that of the prospective motor carrier; Job tasks, as stated in paragraph (e)(3) of this section, are not evaluated in the Skill Performance Evalulation.(3) Evaluate the driver for those nondriving safety-related job tasks associated with whatever type of trailer(s) will be used and any other nondriving safety-related or job-related tasks unique to the operations of the employing motor carrier; and(4) Use the driver to operate the type of commercial motor vehicle defined in the waiver only when the driver is in compliance with the conditions and limitations of the waiver.(f) The driver shall supply each employing motor carrier with a copy of the waiver. (g) The Regional Director of Motor Carriers may require the driver applicant to demonstrate his or her ability to to safely operate the commercial motor vehicle(s) the driver intends to drive to an agent of the Regional Director of Motor Carriers. The waiver form will identify the power unit (bus, truck, truck-tractor) for which the waiver has been granted. The waiver forms will also identify the trailer type used in the Skill Performance Evaluation; however, the waiver is not limited to that specific trailer type. A driver may use the waiver with other trailer types if a successful trailer road test is completed in accordance with paragraph (e)(2) of this section. Job tasks, as stated in paragraph (e)(3) of this section, are not evaluated during the Skill Performance Evaluation. (h) The Regional Director of Motor Carriers may deny the application for waiver or may grant it totally or in part and issue the waiver subject to such terms, conditions, and limitations as deemed consistent with the public interest. A waiver is valid for a period not to exceed 2 years from date of issue, and may be renewed 30 days prior to the expiration date.(i) The waiver renewal application shall be submitted to the Regional Director of Motor Carriers for the region in which the driver has legal residence, if the waiver was issued unilaterally. If the waiver has a coapplicant, then the renewal application is submitted to the Regional Director of Motor Carriers for the region in which the coapplicant motor carrier’s principal place of business is located. The waiver renewal application shall contain the following:(1) Name and complete address of motor carrier currently employing the applicant;(2) Name and complete address of the driver;(3) Effective date of the current waiver;(4) Expiration date of the current waiver;(5) Total miles driven under the current waiver;(6) Number of accidents incurred while driving under the current waiver, including date of the accident(s), number of fatalities, number of injuries, and the estimated dollar amount of property damage;(7) A current medical examination report; (8) A medical evaluation summary pursuant to paragraph (d)(3) of this section if an unstable medical condition exists. All handicapped conditions classified under § 391.41(b)(1) are considered unstable. Refer to paragraph (d)(3)(ii) of this section for the condition under § 391.41(b)(2) which may be considered medically stable.(9) A copy of driver’s current State motor vehicle driving record for the period of time the current waiver has been in effect;(10) Notification of any change in the type of tractor the driver will operate;(11) Driver’s signature and date signed; and(12) Motor carrier coapplicant’s signature and date signed.(j) Upon granting a waiver, the Regional Director of Motor Carriers will notify the driver applicant and coapplicant motor carrier (if applicable) by letter. The terms, conditions, and limitations of the waiver will be set forth. A motor carrier shall maintain a copy of the waiver in its driver qualification file. A copy of the waiver shall be retained in the motor carrier’s file for a period of 3 years after the driver’s employment is terminated. The driver applicant shall have the waiver (or a legible copy) in his/her possession whenever on duty.(k) The Regional Director of Motor Carriers may revoke a waiver after the person to whom it was issued is given notice of the proposed revocation and has been allowed a reasonable opportunity to appeal.(l) Falsifying information in the letter of application, the renewal application, or falsifying information required by this section by either the applicant or motor carrier is prohibited.
Waiver of certain physical defects.§ 391.51
(a) Each motor carrier shall maintain a driver qualification file for each driver it employs. A driver’s qualification file may be combined with his/her personnel file. (b) The qualification file for a driver must include: (1) The driver’s application for employment completed in accordance with § 391.21;(2) A written record with respect to each past employer who was contacted and a copy of the response by each State agency, pursuant to § 391.23 involving investigation and inquiries;(3) The certificate of driver’s road test issued to the driver pursuant to § 391.31(e), or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver’s road test pursuant to § 391.33;(4) The response of each State agency to the annual driver record inquiry required by § 391.25(a);(5) A note relating to the annual review of the driver’s driving record as required by § 391.25(c)(2);(6) A list or certificate relating to violations of motor vehicle laws and ordinances required by § 391.27;(7) The medical examiner’s certificate of his/her physical qualification to drive a commercial motor vehicle as required by § 391.43(f) or a legible photographic copy of the certificate; and(8) A letter from the Regional Director of Motor Carriers granting a waiver of a physical disqualification, if a waiver was issued under § 391.49.(c) Except as provided in paragraph (d) of this section, each driver’s qualification file shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter.(d) The following records may be removed from a driver’s qualification file three years after the date of execution:(1) The response of each State agency to the annual driver record inquiry required by § 391.25(a);(2) The note relating to the annual review of the driver’s driving record as required by § 391.25(c)(2);(3) The list or certificate relating to violations of motor vehicle laws and ordinances required by § 391.27;(4) The medical examiner’s certificate of the driver’s physical qualification to drive a commercial motor vehicle or the photographic copy of the certificate as required by § 391.43(f); and(5) The letter issued under § 391.49 granting a waiver of a physical disqualification.
General requirements for driver qualification files.§ 391.61
The provisions of § 391.21 (relating to applications for employment), § 391.23 (relating to investigations and inquiries), and § 391.33 (relating to road tests) do not apply to a driver who has been a single-employer driver (as defined in § 390.5 of this subchapter) of a motor carrier for a continuous period which began before January 1, 1971, as long as he/she continues to be a single-employer driver of that motor carrier.
Drivers who were regularly employed before January 1, 1971.§ 391.62
The provisions of §§ 391.11(b)(1) and 391.41(b)(1) through (b)(11) do not apply to a person who:(a) Was otherwise qualified to operate and operated a commercial motor vehicle in a municipality or exempt intracity zone thereof throughout the one-year period ending November 18, 1988;(b) Meets all the other requirements of this section;(c) Operates wholly within the exempt intracity zone (as defined in 49 CFR 390.5);(d) Does not operate a vehicle used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under 49 U.S.C. chapter 51.; and(e) Has a medical or physical condition which:(1) Would have prevented such person from operating a commercial motor vehicle under the Federal Motor Carrier Safety Regulations contained in this subchapter;(2) Existed on July 1, 1988, or at the time of the first required physical examination after that date; and (3) The examining physician has determined this condition has not substantially worsened since July 1, 1988, or at the time of the first required physical examination after that date.
Limited exemptions for intra-city zone drivers.§ 391.63
(a) If a motor carrier employs a person as a multiple-employer driver (as defined in § 390.5 of this subchapter), the motor carrier shall comply with all requirements of this part, except that the motor carrier need not—(1) Require the person to furnish an application for employment in accordance with § 391.21;(2) Make the investigations and inquiries specified in § 391.23 with respect to that person;(3) Perform the annual driving record inquiry required by § 391.25(a);(4) Perform the annual review of the person’s driving record required by § 391.25(b); or(5) Require the person to furnish a record of violations or a certificate in accordance with § 391.27.(b) Before a motor carrier permits a multiple-employer driver to drive a commercial motor vehicle, the motor carrier must obtain his/her name, his/her social security number, and the identification number, type and issuing State of his/her commercial motor vehicle operator’s license. The motor carrier must maintain this information for three years after employment of the multiple-employer driver ceases.
Multiple-employer drivers.§ 391.64
(a) The provisions of § 391.41(b)(3) do not apply to a driver who was a participant in good standing on March 31, 1996, in a waiver study program concerning the operation of commercial motor vehicles by insulin-controlled diabetic drivers; provided: (1) The driver is physically examined every year, including an examination by a board-certified/eligible endocrinologist attesting to the fact that the driver is:(i) Otherwise qualified under § 391.41;(ii) Free of insulin reactions (an individual is free of insulin reactions if that individual does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one documented, symptomatic hypoglycemic reaction per month);(iii) Able to and has demonstrated willingness to properly monitor and manage his/her diabetes; and(iv) Not likely to suffer any diminution in driving ability due to his/her diabetic condition.(2) The driver agrees to and complies with the following conditions:(i) A source of rapidly absorbable glucose shalll be carried at all times while driving;(ii) Blood glucose levels shall be self-monitored one hour prior to driving and at least once every four hours while driving or on duty prior to driving using a portable glucose monitoring device equipped with a computerized memory;(iii) Submit blood glucose logs to the endocrinologist or medical examiner at the annual examination or when otherwise directed by an authorized agent of the FHWA;(iv) Provide a copy of the endocrinologist’s report to the medical examiner at the time of the annual medical examination; and(v) Provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State or local enforcement official. (b) The provisions of § 391.41(b)(10) do not apply to a driver who was a participant in good standing on March 31, 1996, in a waiver study program concerning the operation of commercial motor vehicles by drivers with visual impairment in one eye; provided: (1) The driver is physically examined every year, including an examination by an ophthalmologist or optometrist attesting to the fact that the driver:(i) Is otherwise qualified under § 391.41; and(ii) Continues to measure at least 20/40 (Snellen) in the better eye. (2) The driver provides a copy of the ophthalmologist or optometrist report to the medical examiner at the time of the annual medical examination. (3) The driver provides a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized federal, state or local enforcement official.
Grandfathering for certain drivers participating in vision and diabetes waiver study programs.§ 391.65
(a) A motor carrier may employ a driver who is not a regularly employed driver of that motor carrier without complying with the generally applicable driver qualification file requirements in this part, if—(1) The driver is regularly employed by another motor carrier; and(2) The motor carrier which regularly employs the driver certifies that the driver is fully qualified to drive a commercial motor vehicle in a written statement which—(i) Is signed and dated by an officer or authorized employee of the regularly employing carrier;(ii) Contains the driver’s name and signature;(iii) Certifies that the driver has been regularly employed as defined in § 390.5;(iv) Certifies that the driver is fully qualified to drive a commercial motor vehicle under the rules in part 391 of the Federal Motor Carrier Safety Regulations;(v) States the expiration date of the driver’s medical examiner’s certificate;(vi) Specifies an expiration date for the certificate, which shall be not longer than 2 years or, if earlier, the expiration date of the driver’s current medical examiner’s certificate; and(vii) After April 1, 1977, is substantially in accordance with the following form:I certify that the above named driver, as defined in § 391.3(c) is regularly driving a commercial motor vehicle operated by the below named carrier and is fully qualified under part 391, Federal Motor Carrier Safety Regulations. His/her current medical examiner’s certificate expires on ____ (Date)(b) A motor carrier that obtains a certificate in accordance with paragraph (a)(2) of this section shall:(1) Contact the motor carrier which certified the driver’s qualifications under this section to verify the validity of the certificate. This contact may be made in person, by telephone, or by letter.(2) Retain a copy of that certificate in its files for three years.(c) A motor carrier which certifies a driver’s qualifications under this section shall be responsible for the accuracy of the certificate. The certificate is no longer valid if the driver leaves the employment of the motor carrier which issued the certificate or is no longer qualified under the rules in this part.
Drivers furnished by other motor carriers.§ 391.67
The following rules in this part do not apply to a farm vehicle driver (as defined in § 390.5 of this subchapter) who is 18 years of age or older and who drives an articulated commercial motor vehicle:(a) Section 391.11(b)(1), (b)(6) and (b)(8) (relating to general qualifications of drivers);(b) Subpart C (relating to disclosure of, investigation into, and inquiries about the background, character, and driving record of drivers); (c) Subpart D (relating to road tests); and (d) Subpart F (relating to maintenance of files and records).
Farm vehicle drivers of articulated commercial motor vehicles.§ 391.68
The following rules in this part do not apply to a private motor carrier of passengers (nonbusiness) and its drivers:(a) Section 391.11(b)(1), (b)(6) and (b)(8) (relating to general qualifications of drivers);(b) Subpart C (relating to disclosure of, investigation into, and inquiries about the background, character, and driving record of, drivers);(c) So much of §§ 391.41 and 391.45 as require a driver to be medically examined and to have a medical examiner’s certificate on his/her person; and(d) Subpart F (relating to maintenance of files and records).
Private motor carrier of passengers (nonbusiness).§ 391.69
The provisions of § 391.21 (relating to applications for employment), § 391.23 (relating to investigations and inquiries), and § 391.31 (relating to road tests) do not apply to a driver who was a single-employer driver (as defined in § 390.5 of this subchapter) of a private motor carrier of passengers (business) as of July 1, 1994, so long as the driver continues to be a single-employer driver of that motor carrier.
Private motor carrier of passengers (business).§ 391.71
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