Driver documentation

Scope

The requirements for driver paperwork apply to motor carriers and their commercial motor vehicle drivers.

Regulatory citations

• 49 CFR 177 Subpart A — General information and regulations
• 49 CFR 177.848 — Segregation of hazardous materials
• 49 CFR 365.101 — Applications governed by these rules
• 49 CFR 373.101 — For-hire, non-exempt motor carrier bills of lading
• 49 CFR 376.11 — General leasing requirements
• 49 CFR 376.12 — Lease requirements
• 49 CFR 383.23 — Commercial driver’s license
• 49 CFR 391.11 — General qualifications of drivers
• 49 CFR 391.41 — Physical qualifications for drivers
• 49 CFR 391.43 — Medical examination; certificate of physical examination
• 49 CFR 395.8 — Driver’s record of duty status
• 49 CFR 395.11 — Supporting documents
• 49 CFR 395.22 — Motor carrier responsibilities — In general
• 49 CFR 396.17 — Periodic inspection
• 49 CFR 397 — Transportation of hazardous materials; driving and parking rules

Key definitions

• Commercial motor vehicle: A self-propelled or towed vehicle used on a highway to transport property or passengers when the vehicle:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 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 not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity that requires placarding.

• Electronic logging device (ELD): A device or technology that automatically records a driver’s driving time and facilitates the accurate recording of the driver’s hours of service, and that meets the requirements of Subpart B of Part 395.
• Medical variance: One of the following issued to a driver from the Federal Motor Carrier Safety Administration (FMCSA) that allows the driver to be issued a medical certificate:
  • An exemption letter permitting operation of a commercial motor vehicle pursuant to Part 381 Subpart C, or 391.64; or
  • A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 391.49.

• Supporting document: A document, in any medium, generated or received by a motor carrier in the normal course of business as described in 395.11 that can be used, as produced or with additional identifying information, by the motor carrier and enforcement officials to verify the accuracy of a driver’s record of duty status.

Summary of requirements

The following is a list of documents that commercial motor vehicle drivers are generally expected to have available in or on the vehicle at all times while in operation:

• Driver’s license. A current, valid license for the commercial motor vehicle the driver is operating (383.23(a), 391.11(b)(5).
• Medical examiner’s certificate. A current, valid medical examiner’s certificate or medical variance documentation, if applicable. Drivers who hold a commercial driver’s license or commercial learner’s permit and who have provided their medical certificate to the state licensing agency only need to carry the certificate for up to 15 days (391.41(a), 391.43(g), (h)).
• Hours-of-service documentation.
  • Paper (or digital) logs. Drivers who are exempt from electronic logging devices but who are required to have records of duty status must carry paper or digital logs for the current day and the previous seven consecutive days. The logs must be current to the last change of duty status (395.8).
  • ELDs. Drivers using electronic logging devices (ELDs) must have records for the current day and the previous seven consecutive days accessible in the ELD, a user’s manual, an instruction sheet for data transfers during roadside inspections (including step-by-step transfer procedures), an instruction sheet detailing what to do if the ELD malfunctions, and a minimum of eight blank paper (or digital) logs to be used if the device fails (395.22).
  • Supporting documents. Drivers must have available for inspection any “supporting documents” in their possession (395.11).
• Documentation of annual inspection. A copy of the annual inspection report or an annual inspection sticker must be on the vehicle. If complying with a mandatory state inspection program, any required document for that program must be on the vehicle (396.17(c)).
• Hazardous materials paperwork. Depending on what hazardous materials are being hauled, the driver may need any or all of the following: shipping paper, hazardous waste manifest, emergency response information, and a copy of the certificate of registration if the registration number is not included on another document. If transporting explosives (Division 1.1, 1.2, 1.3), the driver will also need a copy of Part 397, instructions on what to do in the event of an accident or delay in shipment, and a written route plan (Part 172 Subpart C; Part 177 Subpart A).
• Permit credentials. Based on the type of motor-carrier operation you have, the driver may need the following:
  • Base state or International Registration Plan (IRP) cab card,
  • International Fuel Tax Agreement (IFTA) license and decals,
  • State authority credentials,
  • Insurance card,
  • Any necessary state mileage tax permits, and
  • Temporary trip permits or special permits such as oversize/overweight permits.
  Certain registrations (Unified Carrier Registration (UCR), and in some cases state mileage tax) are required but no credential is necessary; compliance is verified electronically (365.101).
• Bill of lading/shipping paper. For-hire common carriers must have a bill of lading (see 373.101); for-hire contract carriers operate under a contract with the shipper but should carry documentation of the load. (49 USC 14101(b)); hazardous materials carriers must have a shipping paper; non-hazardous private carriers should carry documentation of the load.
• Lease agreement. If the vehicle is leased, a copy of the lease agreement must be carried in the vehicle for the duration of the lease (376.11(c)(2), 376.12(l)).