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A multiple-employer driver is a driver, who in any period of seven consecutive days, is employed or used as a driver by more than one motor carrier. There are two multiple-employer driver exceptions that apply to the driver qualification file requirements.
These two exceptions apply to drivers of commercial motor vehicles (CMVs) in interstate commerce and the motor carriers of these drivers.
Staffing service drivers (391.63)
If a motor carrier hires a multiple-employer driver from a staffing service that does not create a driver qualification for the carrier as their agent, the carrier must comply with all of the requirements in Part 391 with the following exceptions. The motor carrier is not required to:
Before a motor carrier permits a multiple-employer driver to drive a CMV, the motor carrier must obtain:
The motor carrier must retain this information in its files for three years after the driver’s employment by the motor carrier ceases.
Drivers furnished by other motor carriers (391.65)
If a carrier employs a driver, who in any period of 7-consecutive days, is employed or used as a driver by more than one carrier, is fully qualified by the primary carrier, the primary carrier can provide to a secondary carrier a certificate or written statement which:
NOTE: The certificate issued under 391.65 is no longer valid after the driver leaves the employment of the primary carrier, if the medical certificate expires, or for any other reason the driver is no longer qualified under Part 391.