Driver qualification and hiring

Scope

The driver qualification requirements are located in 49 Code of Federal Regulations, Part 391. The regulations apply to commercial motor vehicles involved in interstate commerce.

Regulatory citations

• 49 CFR 383.51 — Disqualification of drivers
• 49 CFR 391.11 — General qualifications of drivers
• 49 CFR 391.15 — Disqualification of drivers
• 49 CFR 391.21 — Application for employment
• 49 CFR 391.23 — Investigation and inquiries
• 49 CFR 391.25 — Annual inquiry and review of driving record
• 49 CFR 391.27 — Record of violations (Editor’s Note: This section is removed and reserved, effective May 9, 2022.)
• 49 CFR 391.31 — Road test
• 49 CFR 391.33 — Equivalent of road test
• 49 CFR 391.41 — Physical qualifications for drivers

Key definitions

• Commercial motor vehicle (CMV): 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 or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
  • Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding.
• Driver: Any person who operates any commercial motor vehicle.
• Employer: Any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United States, any state, any political subdivision of a state, or an agency established under a compact between states approved by the Congress of the United States.
• Motor vehicle record (MVR): The report of the driving status and history of a driver generated from the driver record, provided to users, such as, drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721–2725.

Summary of requirements

Basic driver qualification requirements for the interstate driver include the following:

• Must be at least 21 years old;
• Can read and speak the English language well enough to do the job (including being able to read traffic signs, complete forms, and converse with enforcement officers);
• Can safely operate the motor vehicle the driver will be driving;
• Is physically qualified to operate the vehicle in accordance with 391.41;
• Has a currently valid commercial motor vehicle operator’s license issued by only one state or jurisdiction;
• Is not disqualified to operate a motor vehicle under 391.15 or 383.51; and
• Has successfully completed a road test or its equivalent (391.31, 391.33).

To help a carrier determine a driver’s qualification status, the regulations require the carrier to request a three-year driving record and check with the driver’s previous DOT-regulated employers.

The motor carrier is required to maintain a driver qualification file for each driver it employs.

States also have driver qualification requirements for intrastate operations, either by adopting the federal rules or by establishing their own rules.