Drivers furnished by other carriers

Scope

This regulation applies to drivers of commercial motor vehicles (CMVs) in interstate commerce and the motor carriers of these drivers.

Regulatory citations

• 49 CFR 391.65 — Drivers furnished by other motor carriers

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • 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 which requires placarding.

Summary of requirements

A motor carrier may use a driver who is employed or used by a single motor carrier without complying with the generally applicable driver qualification file requirements if the single motor carrier which employs or uses the driver certifies that the driver is fully qualified to drive a CMV in a statement which:

• Is signed and dated by an officer or authorized employee of the motor carrier that employs the single-employer driver;
• Contains the driver’s name and signature;
• Certifies that the driver has been employed as a single employer driver;
• Certifies that the driver is fully qualified to drive a CMV under the rules of Part 391 of the Federal Motor Carrier Safety Regulations;
• States the expiration date of the driver’s medical examination certificate;
• Specifies an expiration date for the certificate, which shall not be longer than two years, or if earlier, the expiration date of the driver’s current medical examiner’s certificate; and
• Substantially follows the format of the form in §391.65(a)(2)(vii).

The motor carrier that obtains this statement must contact the motor carrier which certified the driver’s qualifications to verify the validity of the statement. This contact may be made in person, by telephone, or by letter.

The carrier that certifies a driver’s qualifications is 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The certificate is no longer valid if the driver leaves the employment of the motor carrier which issued the certificate or if the driver is no longer qualified under Part 391.

Record retention. A motor carrier that obtains the certificate outlined above must keep a copy of the certificate in its files for three years.

Exception. If the driver furnished by another motor carrier is in the second motor carrier’s service for a period of seven consecutive days or more, the driver no longer falls under the guidelines in this section. If this occurs, the driver becomes a regularly employed driver of the second motor carrier. The second motor carrier must then comply with the driver qualification file requirements.