Driver (CDL) - FMCSR Part 391

49 CFR Part 391, titled Qualifications of drivers and longer combination vehicle (LCV) driver instructors, is divided into 7 subparts, listed alphabetically, A-G. The rules within this part establish minimum qualifications for persons who drive CMVs. A person must not drive a CMV unless he or she is qualified under §397.11. A driver who is disqualified must not drive a CMV. Disqualifications include:

• Disqualification for loss of privileges
• Disqualification for certain criminal and other offenses
• Disqualification for violation of out-of-service orders

Every motor carrier must maintain a driver qualification file for each driver it employs. The file must include:

• Driver's application for employment
• Driving record for the last 3 years
• Annual inquiry and review of driving record
• Annual driver's certification of violations and review
• Driver's road test and certificate, or the equivalent to the road test
• Medical Examiner's certificate
• If applicable, a waiver of physical disqualification for a person with a loss or impairment of limbs as specified in §391.49

If a motor carrier employs a driver who, in any period of 7 consecutive days, is employed or used as a driver for more than one motor carrier, the carrier does not need to:

• Require an application of employment
• Make investigations and inquiries
• Perform the annual driving inquiry
• Perform the annual review of the person's driving record
• Require the person to furnish a record of violations or certificate

A part-time driver who does not work for another motor carrier is considered a single-employer driver and cannot use this limited exemption found in §391.63.

To learn more about CDL HAZMAT Transportation visit our DOT Driver (CDL) HAZMAT Transportation Online Training web page.