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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.
Scope
These two exceptions apply to drivers of commercial motor vehicles (CMVs) in interstate commerce and the motor carriers of these drivers.
Regulatory citations
- 49 CFR 391.63 — Multiple-employer drivers
- 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.
- Mulitple-employer driver: A driver, who in any period of seven consecutive days, is employed or used as a driver by more than one motor carrier.
- Single-employer driver: A driver who, in any period of 7 consecutive days, is employed or used as a driver solely by a single motor carrier. This term includes a driver who operates a commercial motor vehicle on an intermittent, casual, or occasional basis.
Summary of requirements
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:
- Require the person to furnish an employment application (391.21),
- Make investigations and inquiries (391.23),
- Perform the annual driving record inquiry (391.25(a)), or
- Perform the annual review of the person’s driving record (391.25(b)).
Before a motor carrier permits a multiple-employer driver to drive a CMV, the motor carrier must obtain:
- The driver’s name;
- The driver’s Social Security number; and
- The identification number, type, and issuing state of the driver’s CMV operator’s license.
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:
- Is signed and dated by an officer or authorized employee of the primary carrier that employs the single-employer driver;
- Contains the driver’s name and signature;
- Certifies that the driver is employed as a single-employer driver and is fully qualified to operate a CMV under Part 391;
- States the medical examiner’s certificate expiration date;
- Is substantially in accordance with the form in 391.65(a)(2)(vii); and
- Must be retained by the second carrier for three years from the end of driving employment with the second carrier.
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.