Employment application for drivers

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 391.21 — Application for employment

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

The driver application for employment must contain:

• Name and address of employing motor carrier;
• Applicant’s name, address, date of birth, and social security number;
• Applicant’s address(es) for three years preceding date of application;
• Date of application;
• Issuing driver’s licensing authority, number, and each unexpired commercial motor vehicle operator’s license or permit that has been issued to the applicant;
• Nature and extent of applicant’s experience operating motor vehicles;
• List of all motor vehicle accidents in which the applicant was involved during the last three years;
• List of all violations of motor vehicle laws and ordinances of which applicant was convicted or forfeited bond or collateral during the last three years;
• A statement detailing facts and circumstances of any denial, revocation, or suspension of any license, permit, or privilege to operate a motor vehicle issued the applicant, or a statement that no such denial, revocation, or suspension has occurred;
• List of the names and addresses of applicant’s employers during the last three years, including dates of employment and reason for leaving the employer. If the applicant will operate a CMV that has a GVWR of 26,001 pounds or more, is designed to carry more than 15 people, or is of any size used to carry hazardous materials, the applicant must also list employment for which they operated a commercial motor vehicle during the seven years preceding the three years (a total of ten years) mentioned above; and
• The certification statement that the information supplied is correct, the applicant’s signature line, and a date line.

• They were subject to the Federal Motor Carrier Safety Regulations while employed by that previous employer; and
• The job was designated as a safety-sensitive function in any Department of Transportation-regulated mode subject to the Part 40 alcohol and drug testing requirements.

The motor carrier must notify the applicant prior to submission of the application that the information supplied regarding previous employers may be used, and the employers contacted as part of the investigation of the applicant’s safety performance history. This notification can be made part of the application along with other information desired by the carrier. The regulations provide for the inclusion of additional information requests as part of the application for employment.

The company must also notify the applicant, in writing, of due process rights as specified in 391.23(i) regarding information received as a result of these investigations.