Multiple-employer 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 391.63 — Multiple-employer drivers

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

If a motor carrier hires a multiple-employer driver, 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.