• DQ requirements for CMV drivers can be found in Part 391.
• A company’s drivers include any person operating a CMV for a carrier, including leased independent contractors.

The driver qualification requirements located in 49 CFR Part 391 apply to drivers of commercial motor vehicles (CMVs) involved in interstate commerce. Under 390.5, a CMV is any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

• Has a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater;
• Is designed or used to transport 9 or more passengers, including the driver, for compensation;
• Is designed or used to transport 16 or more passengers, including the driver, not for compensation; or
• Is used to transport hazardous materials in quantities requiring the vehicle to be placarded.

States also have driver qualification requirements for intrastate operations, either by adopting the federal rules or by establishing their own rules. Find more information about state-specific requirements in 49 CFR 384 — State Compliance with Commercial Driver’s License Program.

Other vehicles covered

The CMV definition includes combinations of vehicles that, by themselves, may not be regulated. For example, a pickup truck that weighs less than 10,000 pounds and is not normally regulated as a CMV could become one when pulling a small trailer. Both the trailer and the truck would then be regulated under the Federal Motor Carrier Safety Regulations (FMCSRs).

Note that a different CMV definition is used for the commercial driver’s license (CDL) and drug and alcohol testing regulations under Parts 382 and 383. These regulations apply to interstate or intrastate vehicles weighing or rated at 26,001 pounds or more, designed to transport 16 or more passengers, or must be placarded for hazardous materials.

Who is considered a driver?

When most people think of “drivers,” they imagine those with “driver” in their job title. However, many types of jobs may include driving duties, and in some cases, those who drive for the company are not employees of the company. Some examples include:

• Temporary or leasing agency drivers
• Technicians
• Mechanics
• Part-time drivers
• Casual drivers
• Any other carrier employee who drives, even if only occasionally

Independent contractors, or owner-operators, who are leased to a company are also that company’s drivers because they must drive under the carrier’s United States Department of Transportation (USDOT) number and operating authority.