ezExplanation
A driver may not drive a commercial motor vehicle (CMV) unless the driver has successfully completed a road test and has been issued a certificate of driver’s road test.
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 391.31 — Road test
- 49 CFR 391.33 — Equivalent of road test
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
Road test. The road test must be conducted using the type of commercial motor vehicle (CMV) the motor carrier intends to assign to the driver. In order to pass the road test, the driver must successfully complete the following tasks:
- A pretrip inspection;
- Coupling and uncoupling a combination (if the driver may drive such equipment);
- Placing the vehicle in operation;
- Using the vehicle’s controls and emergency equipment;
- Driving in traffic and passing other vehicles;
- Turning;
- Braking, and slowing by means other than braking; and
- Backing and parking.
The motor carrier is required to rate the driver’s skill in each operation on a road test form, which shall then be signed by the person giving the test.
Upon successful completion of a road test, the person administering the test must complete a certificate of road test and give a copy to the driver.
Record retention. The original road test form (signed by the person giving the test) and the original or a copy of the certificate of road test should be kept in the driver’s qualification file.
Exceptions. In lieu of a road test, the regulations allow the motor carrier to accept:
- A valid commercial driver’s license (CDL) (not including double/triple trailer/ tank vehicle endorsements, or for a driver using the Alternative Vision Standard in 391.44 for the first time) issued to the driver to operate specific categories of CMVs of the type the motor carrier intends to assign the driver; or
- A certificate of road test issued to the driver by another motor carrier during the preceding three years.
An employer may accept a CDL in lieu of giving a road test.
However, if the employer intends to assign the driver to a vehicle necessitating the doubles/triples or tank vehicle endorsement, the employer still needs to administer the road test in that type of vehicle.
If an employer accepts a previous road test certificate or operator’s license in lieu of a road test, the employing carrier must retain a legible copy of the certificate or license in the driver’s qualification file.
Driver qualification and hiring
The purpose of the Federal Motor Carrier Safety Regulations is to promote safety of operations on our highways. The use of qualified drivers to operate commercial motor vehicles is one of the most important steps toward this goal.
Scope
The driver qualification requirements are located in 49 Code of Federal Regulations, Part 391. The regulations apply to commercial motor vehicles involved in interstate commerce.
Regulatory citations
- 49 CFR 383.51 — Disqualification of drivers
- 49 CFR 391.11 — General qualifications of drivers
- 49 CFR 391.15 — Disqualification of drivers
- 49 CFR 391.21 — Application for employment
- 49 CFR 391.23 — Investigation and inquiries
- 49 CFR 391.25 — Annual inquiry and review of driving record
- 49 CFR 391.27 — Record of violations (Editor’s Note: This section is removed and reserved, effective May 9, 2022.)
- 49 CFR 391.31 — Road test
- 49 CFR 391.33 — Equivalent of road test
- 49 CFR 391.41 — Physical qualifications for drivers
Key definitions
- Commercial motor vehicle (CMV): Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (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 is not used to transport passengers for compensation; or
- Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding.
- Driver: Any person who operates any commercial motor vehicle.
- Employer: Any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United States, any state, any political subdivision of a state, or an agency established under a compact between states approved by the Congress of the United States.
- Motor vehicle record (MVR): The report of the driving status and history of a driver generated from the driver record, provided to users, such as, drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721–2725.
Summary of requirements
Basic driver qualification requirements for the interstate driver include the following:
- Must be at least 21 years old;
- Can read and speak the English language well enough to do the job (including being able to read traffic signs, complete forms, and converse with enforcement officers);
- Can safely operate the motor vehicle the driver will be driving;
- Is physically qualified to operate the vehicle in accordance with 391.41;
- Has a currently valid commercial motor vehicle operator’s license issued by only one state or jurisdiction;
- Is not disqualified to operate a motor vehicle under 391.15 or 383.51; and
- Has successfully completed a road test or its equivalent (391.31, 391.33).
To help a carrier determine a driver’s qualification status, the regulations require the carrier to request a three-year driving record and check with the driver’s previous DOT-regulated employers.
The motor carrier is required to maintain a driver qualification file for each driver it employs.
States also have driver qualification requirements for intrastate operations, either by adopting the federal rules or by establishing their own rules.
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Driver qualification and hiring
The purpose of the Federal Motor Carrier Safety Regulations is to promote safety of operations on our highways. The use of qualified drivers to operate commercial motor vehicles is one of the most important steps toward this goal.
Scope
The driver qualification requirements are located in 49 Code of Federal Regulations, Part 391. The regulations apply to commercial motor vehicles involved in interstate commerce.
Regulatory citations
- 49 CFR 383.51 — Disqualification of drivers
- 49 CFR 391.11 — General qualifications of drivers
- 49 CFR 391.15 — Disqualification of drivers
- 49 CFR 391.21 — Application for employment
- 49 CFR 391.23 — Investigation and inquiries
- 49 CFR 391.25 — Annual inquiry and review of driving record
- 49 CFR 391.27 — Record of violations (Editor’s Note: This section is removed and reserved, effective May 9, 2022.)
- 49 CFR 391.31 — Road test
- 49 CFR 391.33 — Equivalent of road test
- 49 CFR 391.41 — Physical qualifications for drivers
Key definitions
- Commercial motor vehicle (CMV): Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (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 is not used to transport passengers for compensation; or
- Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding.
- Driver: Any person who operates any commercial motor vehicle.
- Employer: Any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United States, any state, any political subdivision of a state, or an agency established under a compact between states approved by the Congress of the United States.
- Motor vehicle record (MVR): The report of the driving status and history of a driver generated from the driver record, provided to users, such as, drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721–2725.
Summary of requirements
Basic driver qualification requirements for the interstate driver include the following:
- Must be at least 21 years old;
- Can read and speak the English language well enough to do the job (including being able to read traffic signs, complete forms, and converse with enforcement officers);
- Can safely operate the motor vehicle the driver will be driving;
- Is physically qualified to operate the vehicle in accordance with 391.41;
- Has a currently valid commercial motor vehicle operator’s license issued by only one state or jurisdiction;
- Is not disqualified to operate a motor vehicle under 391.15 or 383.51; and
- Has successfully completed a road test or its equivalent (391.31, 391.33).
To help a carrier determine a driver’s qualification status, the regulations require the carrier to request a three-year driving record and check with the driver’s previous DOT-regulated employers.
The motor carrier is required to maintain a driver qualification file for each driver it employs.
States also have driver qualification requirements for intrastate operations, either by adopting the federal rules or by establishing their own rules.
No more posts