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ECFR
THE ELECTRONIC CODE OF FEDERAL REGULATIONS
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TITLE 49
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1. Title 49 - Transportation
2. Subtitle B - Other Regulations Relating to Transportation
3. Chapter III - Federal Motor Carrier Safety Administration, Department of
Transportation
4. Subchapter B - Federal Motor Carrier Safety Regulations
5. Part 391
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Part 391Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver
Instructors391.1 – 391.71
Subpart AGeneral391.1 – 391.2
§ 391.1Scope of the rules in this part; additional qualifications; duties of
carrier-drivers.§ 391.2General exceptions.
Subpart BQualification and Disqualification of Drivers391.11 – 391.15
§ 391.11General qualifications of drivers.§ 391.13Responsibilities of
drivers.§ 391.15Disqualification of drivers.
Subpart CBackground and Character391.21 – 391.27
§ 391.21Application for employment.§ 391.23Investigation and inquiries.§
391.25Annual inquiry and review of driving record.§ 391.27Record of
violations.
Subpart DTests391.31 – 391.33
§ 391.31Road test.§ 391.33Equivalent of road test.
Subpart EPhysical Qualifications and Examinations391.41 – 391.49
§ 391.41Physical qualifications for drivers.§ 391.43Medical examination;
certificate of physical examination.§ 391.44Physical qualification standards
for an individual who does not satisfy, with the worse eye, either the
distant visual acuity standard with corrective lenses or the field of vision
standard, or both.§ 391.45Persons who must be medically examined and
certified.§ 391.46Physical qualification standards for an individual with
diabetes mellitus treated with insulin for control.§ 391.47Resolution of
conflicts of medical evaluation.§ 391.49Alternative physical qualification
standards for the loss or impairment of limbs.
Subpart FFiles and Records391.51 – 391.55
§ 391.51General requirements for driver qualification files.§ 391.53Driver
investigation history file.§ 391.55LCV Driver-Instructor qualification files.
Subpart GLimited Exemptions391.61 – 391.71
§ 391.61Drivers who were regularly employed before January 1, 1971.§
391.62Limited exemptions for intra-city zone drivers.§
391.63Multiple-employer drivers.§ 391.64Grandfathering for certain drivers
who participated in a vision waiver study program.§ 391.65Drivers furnished
by other motor carriers.§ 391.67Farm vehicle drivers of articulated
commercial motor vehicles.§ 391.68Private motor carrier of passengers
(nonbusiness).§ 391.69Private motor carrier of passengers (business).§ 391.71
[Reserved]
Appendix A to Part 391
Medical Advisory Criteria
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PART 391 - QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER
INSTRUCTORS
AUTHORITY:
49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec. 4007(b), Pub. L. 102-240,
105 Stat. 1914, 2152; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 215,
Pub. L. 106-159, 113 Stat. 1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat.
405, 830; secs. 5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec.
2, Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.
SOURCE:
35 FR 6460, Apr. 22, 1970, unless otherwise noted.
EDITORIAL NOTE
EDITORIAL NOTE:
Nomenclature changes to part 391 appear at 66 FR 49874, Oct. 1, 2001.
SUBPART A - GENERAL
§ 391.1 SCOPE OF THE RULES IN THIS PART; ADDITIONAL QUALIFICATIONS; DUTIES OF
CARRIER-DRIVERS.
(a) The rules in this part establish minimum qualifications for persons who
drive commercial motor vehicles as, for, or on behalf of motor carriers. The
rules in this part also establish minimum duties of motor carriers with respect
to the qualifications of their drivers.
(b) An individual who meets the definition of both a motor carrier and a driver
employed by that motor carrier must comply with both the rules in this part that
apply to motor carriers and the rules in this part that apply to drivers.
[35 FR 6460, Apr. 22, 1970, as amended at 53 FR 18057, May 19, 1988; 60 FR
38744, July 28, 1995; 80 FR 59074, Oct. 1, 2015]
§ 391.2 GENERAL EXCEPTIONS.
(a) Farm custom operation. The rules in this part, except for § 391.15(e) and
(f), do not apply to a driver who drives a commercial motor vehicle controlled
and operated by a person engaged in custom-harvesting operations, if the
commercial motor vehicle is used to -
(1) Transport farm machinery, supplies, or both, to or from a farm for
custom-harvesting operations on a farm; or
(2) Transport custom-harvested crops to storage or market.
(b) Apiarian industries. The rules in this part, except for § 391.15(e) and (f),
do not apply to a driver who is operating a commercial motor vehicle controlled
and operated by a beekeeper engaged in the seasonal transportation of bees.
(c) Certain farm vehicle drivers. The rules in this part, except for § 391.15(e)
and (f), do not apply to a farm vehicle driver except a farm vehicle driver who
drives an articulated (combination) commercial motor vehicle, as defined in §
390.5 of this chapter. For limited exemptions for farm vehicle drivers of
articulated commercial motor vehicles, see § 391.67.
(d) Covered farm vehicles. The rules in part 391, Subpart E - Physical
Qualifications and Examinations - do not apply to drivers of “covered farm
vehicles,” as defined in 49 CFR 390.5.
(e) Pipeline welding trucks. The rules in this part do not apply to drivers of
“pipeline welding trucks” as defined in 49 CFR 390.38(b).
[76 FR 75487, Dec. 2, 2011, as amended at 78 FR 16195, Mar. 14, 2013; 78 FR
58483, Sept. 24, 2013; 81 FR 47720, July 22, 2016]
SUBPART B - QUALIFICATION AND DISQUALIFICATION OF DRIVERS
§ 391.11 GENERAL QUALIFICATIONS OF DRIVERS.
CROSS REFERENCE
Link to an amendment published at 87 FR 13208, Mar. 9, 2022.
(a) A person shall not drive a commercial motor vehicle unless he/she is
qualified to drive a commercial motor vehicle. Except as provided in § 391.63, a
motor carrier shall not require or permit a person to drive a commercial motor
vehicle unless that person is qualified to drive a commercial motor vehicle.
(b) Except as provided in subpart G of this part, a person is qualified to drive
a motor vehicle if he/she -
(1) Is at least 21 years old;
(2) Can read and speak the English language sufficiently to converse with the
general public, to understand highway traffic signs and signals in the English
language, to respond to official inquiries, and to make entries on reports and
records;
(3) Can, by reason of experience, training, or both, safely operate the type of
commercial motor vehicle he/she drives;
(4) Is physically qualified to drive a commercial motor vehicle in accordance
with subpart E - Physical Qualifications and Examinations of this part;
(5) Has a currently valid commercial motor vehicle operator's license issued
only by one State or jurisdiction;
(6) Has prepared and furnished the motor carrier that employs him/her with the
list of violations or the certificate as required by § 391.27;
(7) Is not disqualified to drive a commercial motor vehicle under the rules in §
391.15; and
(8) Has successfully completed a driver's road test and has been issued a
certificate of driver's road test in accordance with § 391.31, or has presented
an operator's license or a certificate of road test which the motor carrier that
employs him/her has accepted as equivalent to a road test in accordance with §
391.33.
[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 35 FR
19181, Dec. 18, 1970; 36 FR 222, Jan. 7, 1971, 36 FR 24220, Dec. 22, 1971; 45 FR
46424, July 10, 1980; 52 FR 20589, June 1, 1987; 59 FR 60323, Nov. 23, 1994; 60
FR 38744, 38745, July 28, 1995; 63 FR 33276, June 18, 1998]
§ 391.13 RESPONSIBILITIES OF DRIVERS.
In order to comply with the requirements of §§ 392.9(a) and 383.111(a)(16) of
this subchapter, a motor carrier shall not require or permit a person to drive a
commercial motor vehicle unless the person -
(a) Can, by reason of experience, training, or both, determine whether the cargo
he/she transports (including baggage in a passenger-carrying commercial motor
vehicle) has been properly located, distributed, and secured in or on the
commercial motor vehicle he/she drives;
(b) Is familiar with methods and procedures for securing cargo in or on the
commercial motor vehicle he/she drives.
[63 FR 33277, June 18, 1998, as amended at 80 FR 59074, Oct. 1, 2015]
§ 391.15 DISQUALIFICATION OF DRIVERS.
(a) General. A driver who is disqualified shall not drive a commercial motor
vehicle. A motor carrier shall not require or permit a driver who is
disqualified to drive a commercial motor vehicle.
(b) Disqualification for loss of driving privileges.
(1) A driver is disqualified for the duration of the driver's loss of his/her
privilege to operate a commercial motor vehicle on public highways, either
temporarily or permanently, by reason of the revocation, suspension, withdrawal,
or denial of an operator's license, permit, or privilege, until that operator's
license, permit, or privilege is restored by the authority that revoked,
suspended, withdrew, or denied it.
(2) A driver who receives a notice that his/her license, permit, or privilege to
operate a commercial motor vehicle has been revoked, suspended, or withdrawn
shall notify the motor carrier that employs him/her of the contents of the
notice before the end of the business day following the day the driver received
it.
(c) Disqualification for criminal and other offenses -
(1) General rule. A driver who is convicted of (or forfeits bond or collateral
upon a charge of) a disqualifying offense specified in paragraph (c)(2) of this
section is disqualified for the period of time specified in paragraph (c)(3) of
this section, if -
(i) The offense was committed during on-duty time as defined in § 395.2 of this
subchapter or as otherwise specified; and
(ii) The driver is employed by a motor carrier or is engaged in activities that
are in furtherance of a commercial enterprise in interstate, intrastate, or
foreign commerce.
(2) Disqualifying offenses. The following offenses are disqualifying offenses:
(i) Driving a commercial motor vehicle while under the influence of alcohol.
This shall include:
(A) Driving a commercial motor vehicle while the person's alcohol concentration
is 0.04 percent or more;
(B) Driving under the influence of alcohol, as prescribed by State law; or
(C) Refusal to undergo such testing as is required by any State or jurisdiction
in the enforcement of § 391.15(c)(2)(i) (A) or (B), or § 392.5(a)(2).
(ii) Driving a commercial motor vehicle under the influence of a 21 CFR 1308.11
Schedule I identified controlled substance, an amphetamine, a narcotic drug, a
formulation of an amphetamine, or a derivative of a narcotic drug;
(iii) Transportation, possession, or unlawful use of a 21 CFR 1308.11 Schedule I
identified controlled substance, amphetamines, narcotic drugs, formulations of
an amphetamine, or derivatives of narcotic drugs while the driver is on duty, as
the term on-duty time is defined in § 395.2 of this subchapter;
(iv) Leaving the scene of an accident while operating a commercial motor
vehicle; or
(v) A felony involving the use of a commercial motor vehicle.
(3) Duration of disqualification -
(i) First offenders. A driver is disqualified for 1 year after the date of
conviction or forfeiture of bond or collateral if, during the 3 years preceding
that date, the driver was not convicted of, or did not forfeit bond or
collateral upon a charge of an offense that would disqualify the driver under
the rules of this section. Exemption. The period of disqualification is 6 months
if the conviction or forfeiture of bond or collateral soley concerned the
transportation or possession of substances named in paragraph (c)(2)(iii) of
this section.
(ii) Subsequent offenders. A driver is disqualified for 3 years after the date
of his/her conviction or forfeiture of bond or collateral if, during the 3 years
preceding that date, he/she was convicted of, or forfeited bond or collateral
upon a charge of, an offense that would disqualify him/her under the rules in
this section.
(d) Disqualification for violation of out-of-service orders -
(1) General rule. A driver who is convicted of violating an out-of-service order
is disqualified for the period of time specified in paragraph (d)(2) of this
section.
(2) Duration of disqualification for violation of out-of-service orders -
(i) First violation. A driver is disqualified for not less than 90 days nor more
than one year if the driver is convicted of a first violation of an
out-of-service order.
(ii) Second violation. A driver is disqualified for not less than one year nor
more than five years if, during any 10-year period, the driver is convicted of
two violations of out-of-service orders in separate incidents.
(iii) Third or subsequent violation. A driver is disqualified for not less than
three years nor more than five years if, during any 10-year period, the driver
is convicted of three or more violations of out-of-service orders in separate
incidents.
(iv) Special rule for hazardous materials and passenger offenses. A driver is
disqualified for a period of not less than 180 days nor more than two years if
the driver is convicted of a first violation of an out-of-service order while
transporting hazardous materials required to be placarded under the Hazardous
Materials Transportation Act (49 U.S.C. 5101 et seq.), or while operating
commercial motor vehicles designed to transport more than 15 passengers,
including the driver. A driver is disqualified for a period of not less than
three years nor more than five years if, during any 10-year period, the driver
is convicted of any subsequent violations of out-of-service orders, in separate
incidents, while transporting hazardous materials required to be placarded under
the Hazardous Materials Transportation Act, or while operating commercial motor
vehicles designed to transport more than 15 passengers, including the driver.
(e) Disqualification for violation of prohibition of texting while driving a
commercial motor vehicle -
(1) General rule. A driver who is convicted of violating the prohibition of
texting in § 392.80(a) of this chapter is disqualified for the period of time
specified in paragraph (e)(2) of this section.
(2) Duration. Disqualification for violation of prohibition of texting while
driving a commercial motor vehicle -
(i) Second violation. A driver is disqualified for 60 days if the driver is
convicted of two violations of § 392.80(a) of this chapter in separate incidents
during any 3-year period.
(ii) Third or subsequent violation. A driver is disqualified for 120 days if the
driver is convicted of three or more violations of § 392.80(a) of this chapter
in separate incidents during any 3-year period.
(f) Disqualification for violation of a restriction on using a hand-held mobile
telephone while driving a commercial motor vehicle -
(1) General rule. A driver who is convicted of violating the restriction on
using a hand-held mobile telephone in § 392.82(a) of this chapter is
disqualified from driving a commercial motor vehicle for the period of time
specified in paragraph (f)(2) of this section.
(2) Duration. Disqualification for violation of a restriction on using a
hand-held mobile telephone while driving a commercial motor vehicle -
(i) Second violation. A driver is disqualified for 60 days if the driver is
convicted of two violations of § 392.82(a) of this chapter in separate incidents
committed during any 3-year period.
(ii) Third or subsequent violation. A driver is disqualified for 120 days if the
driver is convicted of three or more violations of § 392.82(a) of this chapter
in separate incidents committed during any 3-year period.
[37 FR 24902, Nov. 23, 1972, as amended at 49 FR 44215, Nov. 5, 1984; 51 FR
8200, Mar. 10, 1986; 53 FR 18057, May 19, 1988; 53 FR 39051, Oct. 4, 1988; 54 FR
40788, Oct. 3, 1989; 59 FR 26028, May 18, 1994; 60 FR 38744, 38745, July 28,
1995; 62 FR 37152, July 11, 1997; 63 FR 33277, June 18, 1998; 75 FR 59136, Sept.
27, 2010; 76 FR 75487, Dec. 2, 2011; 77 FR 1891, Jan. 12, 2012; 78 FR 58483,
Sept. 24, 2013; 80 FR 59074, Oct. 1, 2015]
SUBPART C - BACKGROUND AND CHARACTER
§ 391.21 APPLICATION FOR EMPLOYMENT.
CROSS REFERENCE
Link to an amendment published at 87 FR 13208, Mar. 9, 2022.
(a) Except as provided in subpart G of this part, a person shall not drive a
commercial motor vehicle unless he/she has completed and furnished the motor
carrier that employs him/her with an application for employment that meets the
requirements of paragraph (b) of this section.
(b) The application for employment shall be made on a form furnished by the
motor carrier. Each application form must be completed by the applicant, must be
signed by him/her, and must contain the following information:
(1) The name and address of the employing motor carrier;
(2) The applicant's name, address, date of birth, and social security number;
(3) The addresses at which the applicant has resided during the 3 years
preceding the date on which the application is submitted;
(4) The date on which the application is submitted;
(5) The issuing State, number, and expiration date of each unexpired commercial
motor vehicle operator's license or permit that has been issued to the
applicant;
(6) The nature and extent of the applicant's experience in the operation of
motor vehicles, including the type of equipment (such as buses, trucks, truck
tractors, semitrailers, full trailers, and pole trailers) which he/she has
operated;
(7) A list of all motor vehicle accidents in which the applicant was involved
during the 3 years preceding the date the application is submitted, specifying
the date and nature of each accident and any fatalities or personal injuries it
caused;
(8) A list of all violations of motor vehicle laws or ordinances (other than
violations involving only parking) of which the applicant was convicted or
forfeited bond or collateral during the 3 years preceding the date the
application is submitted;
(9) A statement setting forth in detail the facts and circumstances of any
denial, revocation, or suspension of any license, permit, or privilege to
operate a motor vehicle that has been issued to the applicant, or a statement
that no such denial, revocation, or suspension has occurred;
(10)
(i) A list of the names and addresses of the applicant's employers during the 3
years preceding the date the application is submitted,
(ii) The dates he or she was employed by that employer,
(iii) The reason for leaving the employ of that employer,
(iv) After October 29, 2004, whether the
(A) Applicant was subject to the FMCSRs while employed by that previous
employer,
(B) Job was designated as a safety sensitive function in any DOT regulated mode
subject to alcohol and controlled substances testing requirements as required by
49 CFR part 40;
(11) For those drivers applying to operate a commercial motor vehicle as defined
by part 383 of this subchapter, a list of the names and addresses of the
applicant's employers during the 7-year period preceding the 3 years contained
in paragraph (b)(10) of this section for which the applicant was an operator of
a commercial motor vehicle, together with the dates of employment and the
reasons for leaving such employment; and
(12) The following certification and signature line, which must appear at the
end of the application form and be signed by the applicant:
This certifies that this application was completed by me, and that all entries
on it and information in it are true and complete to the best of my knowledge.
(Date)
(Applicant's signature)
(c) A motor carrier may require an applicant to provide information in addition
to the information required by paragraph (b) of this section on the application
form.
(d) Before an application is submitted, the motor carrier must inform the
applicant that the information he/she provides in accordance with paragraph
(b)(10) of this section may be used, and the applicant's previous employers will
be contacted, for the purpose of investigating the applicant's safety
performance history information as required by paragraphs (d) and (e) of §
391.23. The prospective employer must also notify the driver in writing of
his/her due process rights as specified in § 391.23(i) regarding information
received as a result of these investigations.
[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 52 FR
20589, June 1, 1987; 60 FR 38744, July 28, 1995; 69 FR 16719, Mar. 30, 2004]
§ 391.23 INVESTIGATION AND INQUIRIES.
CROSS REFERENCE
Link to an amendment published at 87 FR 13209, Mar. 9, 2022.
(a) Except as provided in subpart G of this part, each motor carrier shall make
the following investigations and inquiries with respect to each driver it
employs, other than a person who has been a regularly employed driver of the
motor carrier for a continuous period which began before January 1, 1971:
(1) An inquiry, within 30 days of the date the driver's employment begins, to
each State where the driver held or holds a motor vehicle operator's license or
permit during the preceding 3 years to obtain that driver's motor vehicle
record.
(2) An investigation of the driver's safety performance history with Department
of Transportation regulated employers during the preceding three years.
(b) A copy of the motor vehicle record(s) obtained in response to the inquiry or
inquiries to each State required by paragraph (a)(1) of this section must be
placed in the driver qualification file within 30 days of the date the driver's
employment begins and be retained in compliance with § 391.51. If no motor
vehicle record is received from the State or States required to submit this
response, the motor carrier must document a good faith effort to obtain such
information, and certify that no record exists for that driver in that State or
States. The inquiry to the State driver licensing agency or agencies must be
made in the form and manner each agency prescribes.
(c)
(1) Replies to the investigations of the driver's safety performance history
required by paragraph (a)(2) of this section, or documentation of good faith
efforts to obtain the investigation data, must be placed in the driver
investigation history file, after October 29, 2004, within 30 days of the date
the driver's employment begins. Any period of time required to exercise the
driver's due process rights to review the information received, request a
previous employer to correct or include a rebuttal, is separate and apart from
this 30-day requirement to document investigation of the driver safety
performance history data.
(2) The investigation may consist of personal interviews, telephone interviews,
letters, or any other method for investigating that the carrier deems
appropriate. Each motor carrier must make a written record with respect to each
previous employer contacted, or good faith efforts to do so. The record must
include the previous employer's name and address, the date the previous employer
was contacted, or the attempts made, and the information received about the
driver from the previous employer. Failures to contact a previous employer, or
of them to provide the required safety performance history information, must be
documented. The record must be maintained pursuant to § 391.53.
(3) Prospective employers should report failures of previous employers to
respond to an investigation to the FMCSA and use the complaint procedures
specified at § 386.12 of this subchapter. Keep a copy of the reports in the
driver investigation history file as part of documenting a good faith effort to
obtain the required information.
(4) Exception. For drivers with no previous employment experience working for a
DOT-regulated employer during the preceding three years, documentation that no
investigation was possible must be placed in the driver investigation history
file, after October 29, 2004, within the required 30 days of the date the
driver's employment begins.
(d) The prospective motor carrier must investigate, at a minimum, the
information listed in this paragraph from all previous employers of the
applicant that employed the driver to operate a CMV within the previous three
years. The investigation request must contain specific contact information on
where the previous motor carrier employers should send the information
requested.
(1) General driver identification and employment verification information.
(2) The data elements as specified in § 390.15(b)(1) of this chapter for
accidents involving the driver that occurred in the three-year period preceding
the date of the employment application.
(i) Any accidents as defined by § 390.5 of this chapter.
(ii) Any accidents the previous employer may wish to provide that are retained
pursuant to § 390.15(b)(2), or pursuant to the employer's internal policies for
retaining more detailed minor accident information.
(e) In addition to the investigations required by paragraph (d) of this section,
the prospective motor carrier employers must investigate the information listed
below in this paragraph from all previous DOT regulated employers that employed
the driver within the previous three years from the date of the employment
application, in a safety-sensitive function that required alcohol and controlled
substance testing specified by 49 CFR part 40.
(1) Whether, within the previous three years, the driver had violated the
alcohol and controlled substances prohibitions under subpart B of part 382 of
this chapter, or 49 CFR part 40.
(2) Whether the driver failed to undertake or complete a rehabilitation program
prescribed by a substance abuse professional (SAP) pursuant to § 382.605 of this
chapter, or 49 CFR part 40, subpart O. If the previous employer does not know
this information (e.g., an employer that terminated an employee who tested
positive on a drug test), the prospective motor carrier must obtain
documentation of the driver's successful completion of the SAP's referral
directly from the driver.
(3) For a driver who had successfully completed a SAP's rehabilitation referral,
and remained in the employ of the referring employer, information on whether the
driver had the following testing violations subsequent to completion of a §
382.605 or 49 CFR part 40, subpart O referral:
(i) Alcohol tests with a result of 0.04 or higher alcohol concentration;
(ii) Verified positive drug tests;
(iii) Refusals to be tested (including verified adulterated or substituted drug
test results).
(4) As of January 6, 2023, employers subject to § 382.701(a) of this chapter
must use the Drug and Alcohol Clearinghouse to comply with the requirements of
this section with respect to FMCSA-regulated employers.
(i) Exceptions.
(A) If an applicant who is subject to follow-up testing has not successfully
completed all follow-up tests, the employer must request the applicant's
follow-up testing plan directly from the previous employer in accordance with §
40.25(b)(5) of this title.
(B) If an applicant was subject to an alcohol and controlled substance testing
program under the requirements of a DOT mode other than FMCSA, the employer must
request alcohol and controlled substances information required under this
section directly from those employers regulated by a DOT mode other than FMCSA.
(f)
(1) A prospective motor carrier employer must provide to the previous employer
the driver's consent meeting the requirements of § 40.321(b) of this title for
the release of the information in paragraph (e) of this section. If the driver
refuses to provide this consent, the prospective motor carrier employer must not
permit the driver to operate a commercial motor vehicle for that motor carrier.
(2) If a driver refuses to grant consent for the prospective motor carrier
employer to query the Drug and Alcohol Clearinghouse in accordance with
paragraph (e)(4) of this section, the prospective motor carrier employer must
not permit the driver to operate a commercial motor vehicle.
(g) After October 29, 2004, previous employers must:
(1) Respond to each request for the DOT defined information in paragraphs (d)
and (e) of this section within 30 days after the request is received. If there
is no safety performance history information to report for that driver, previous
motor carrier employers are nonetheless required to send a response confirming
the non-existence of any such data, including the driver identification
information and dates of employment.
(2) Take all precautions reasonably necessary to ensure the accuracy of the
records.
(3) Provide specific contact information in case a driver chooses to contact the
previous employer regarding correction or rebuttal of the data.
(4) Keep a record of each request and the response for one year, including the
date, the party to whom it was released, and a summary identifying what was
provided.
(5) Exception. Until May 1, 2006, carriers need only provide information for
accidents that occurred after April 29, 2003.
(h) The release of information under this section may take any form that
reasonably ensures confidentiality, including letter, facsimile, or e-mail. The
previous employer and its agents and insurers must take all precautions
reasonably necessary to protect the driver safety performance history records
from disclosure to any person not directly involved in forwarding the records,
except the previous employer's insurer, except that the previous employer may
not provide any alcohol or controlled substances information to the previous
employer's insurer.
(i)
(1) The prospective employer must expressly notify drivers with Department of
Transportation regulated employment during the preceding three years - via the
application form or other written document prior to any hiring decision - that
he or she has the following rights regarding the investigative information that
will be provided to the prospective employer pursuant to paragraphs (d) and (e)
of this section:
(i) The right to review information provided by previous employers;
(ii) The right to have errors in the information corrected by the previous
employer and for that previous employer to re-send the corrected information to
the prospective employer;
(iii) The right to have a rebuttal statement attached to the alleged erroneous
information, if the previous employer and the driver cannot agree on the
accuracy of the information.
(2) Drivers who have previous Department of Transportation regulated employment
history in the preceding three years, and wish to review previous
employer-provided investigative information must submit a written request to the
prospective employer, which may be done at any time, including when applying, or
as late as 30 days after being employed or being notified of denial of
employment. The prospective employer must provide this information to the
applicant within five (5) business days of receiving the written request. If the
prospective employer has not yet received the requested information from the
previous employer(s), then the five-business days deadline will begin when the
prospective employer receives the requested safety performance history
information. If the driver has not arranged to pick up or receive the requested
records within thirty (30) days of the prospective employer making them
available, the prospective motor carrier may consider the driver to have waived
his/her request to review the records.
(j)
(1) Drivers wishing to request correction of erroneous information in records
received pursuant to paragraph (i) of this section must send the request for the
correction to the previous employer that provided the records to the prospective
employer.
(2) After October 29, 2004, the previous employer must either correct and
forward the information to the prospective motor carrier employer, or notify the
driver within 15 days of receiving a driver's request to correct the data that
it does not agree to correct the data. If the previous employer corrects and
forwards the data as requested, that employer must also retain the corrected
information as part of the driver's safety performance history record and
provide it to subsequent prospective employers when requests for this
information are received. If the previous employer corrects the data and
forwards it to the prospective motor carrier employer, there is no need to
notify the driver.
(3) Drivers wishing to rebut information in records received pursuant to
paragraph (i) of this section must send the rebuttal to the previous employer
with instructions to include the rebuttal in that driver's safety performance
history.
(4) After October 29, 2004, within five business days of receiving a rebuttal
from a driver, the previous employer must:
(i) Forward a copy of the rebuttal to the prospective motor carrier employer;
(ii) Append the rebuttal to the driver's information in the carrier's
appropriate file, to be included as part of the response for any subsequent
investigating prospective employers for the duration of the three-year data
retention requirement.
(5) The driver may submit a rebuttal initially without a request for correction,
or subsequent to a request for correction.
(6) The driver may report failures of previous employers to correct information
or include the driver's rebuttal as part of the safety performance information,
to the FMCSA following procedures specified at § 386.12.
(k)
(1) The prospective motor carrier employer must use the information described in
paragraphs (d) and (e) of this section only as part of deciding whether to hire
the driver.
(2) The prospective motor carrier employer, its agents and insurers must take
all precautions reasonably necessary to protect the records from disclosure to
any person not directly involved in deciding whether to hire the driver. The
prospective motor carrier employer may not provide any alcohol or controlled
substances information to the prospective motor carrier employer's insurer.
(l)
(1) No action or proceeding for defamation, invasion of privacy, or interference
with a contract that is based on the furnishing or use of information in
accordance with this section may be brought against -
(i) A motor carrier investigating the information, described in paragraphs (d)
and (e) of this section, of an individual under consideration for employment as
a commercial motor vehicle driver,
(ii) A person who has provided such information; or
(iii) The agents or insurers of a person described in paragraph (l)(1)(i) or
(ii) of this section, except insurers are not granted a limitation on liability
for any alcohol and controlled substance information.
(2) The protections in paragraph (l)(1) of this section do not apply to persons
who knowingly furnish false information, or who are not in compliance with the
procedures specified for these investigations.
(m)
(1) The motor carrier must obtain an original or copy of the medical examiner's
certificate issued in accordance with § 391.43, and any medical variance on
which the certification is based, and, beginning on or after May 21, 2014,
verify the driver was certified by a medical examiner listed on the National
Registry of Certified Medical Examiners as of the date of issuance of the
medical examiner's certificate, and place the records in the driver
qualification file, before allowing the driver to operate a CMV.
(2) Exception. For drivers required to have a commercial driver's license under
part 383 of this chapter:
(i) Beginning January 30, 2015, using the CDLIS motor vehicle record obtained
from the current licensing State, the motor carrier must verify and document in
the driver qualification file the following information before allowing the
driver to operate a CMV:
(A) The type of operation the driver self-certified that he or she will perform
in accordance with § 383.71(b)(1) of this chapter.
(B)
(1) Beginning on May 21, 2014, and through June 22, 2025, that the driver was
certified by a medical examiner listed on the National Registry of Certified
Medical Examiners as of the date of medical examiner's certificate issuance.
(2) If the driver has certified under paragraph (m)(2)(i)(A) of this section
that he or she expects to operate in interstate commerce, that the driver has a
valid medical examiner's certificate and any required medical variances.
(C) Exception. Beginning on January 30, 2015, and through June 22, 2025, if the
driver provided the motor carrier with a copy of the current medical examiner's
certificate that was submitted to the State in accordance with § 383.73(b)(5) of
this chapter, the motor carrier may use a copy of that medical examiner's
certificate as proof of the driver's medical certification for up to 15 days
after the date it was issued.
(3) Exception. For drivers required to have a commercial learner's permit under
part 383 of this chapter:
(i) Beginning July 8, 2015, using the CDLIS motor vehicle record obtained from
the current licensing State, the motor carrier must verify and document in the
driver qualification file the following information before allowing the driver
to operate a CMV:
(A) The type of operation the driver self-certified that he or she will perform
in accordance with § 383.71(b)(1) and (g) of this chapter.
(B)
(1) Through June 22, 2025, that the driver was certified by a medical examiner
listed on the National Registry of Certified Medical Examiners as of the date of
medical examiner's certificate issuance.
(2) If the driver has a commercial learner's permit and has certified under
paragraph (m)(3)(i)(A) of this section that he or she expects to operate in
interstate commerce, that the driver has a valid medical examiner's certificate
and any required medical variances.
(C) Through June 22, 2025, if the driver provided the motor carrier with a copy
of the current medical examiner's certificate that was submitted to the State in
accordance with § 383.73(a)(2)(vii) of this chapter, the motor carrier may use a
copy of that medical examiner's certificate as proof of the driver's medical
certification for up to 15 days after the date it was issued.
(ii) Until July 8, 2015, if a driver operating in non-excepted, interstate
commerce has no medical certification status information on the CDLIS MVR
obtained from the current State driver licensing agency, the employing motor
carrier may accept a medical examiner's certificate issued to that driver, and
place a copy of it in the driver qualification file before allowing the driver
to operate a CMV in interstate commerce.
(4) In the event of a conflict between the medical certification information
provided electronically by FMCSA and a paper copy of the medical examiner's
certificate, the medical certification information provided electronically by
FMCSA shall control.
(Approved by the Office of Management and Budget under control number 2126-0004)
[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 69 FR
16720, Mar. 30, 2004; 72 FR 55703, Oct. 1, 2007; 73 FR 73126, Dec. 1, 2008; 75
FR 28502, May 21, 2010; 76 FR 70663, Nov. 15, 2011; 77 FR 24130, Apr. 20, 2012;
79 FR 2379, Jan. 14, 2014; 80 FR 22812, Apr. 23, 2015; 80 FR 35578, June 22,
2015; 80 FR 59074, Oct. 1, 2015; 81 FR 87730, Dec. 5, 2016; 83 FR 28782, June
21, 2018; 83 FR 48726, Sept. 27, 2018; 86 FR 32650, June 22, 2021]
§ 391.25 ANNUAL INQUIRY AND REVIEW OF DRIVING RECORD.
CROSS REFERENCE
Link to an amendment published at 87 FR 13209, Mar. 9, 2022.
(a) Except as provided in subpart G of this part, each motor carrier shall, at
least once every 12 months, make an inquiry to obtain the motor vehicle record
of each driver it employs, covering at least the preceding 12 months, to the
appropriate agency of every State in which the driver held a commercial motor
vehicle operator's license or permit during the time period.
(b) Except as provided in subpart G of this part, each motor carrier shall, at
least once every 12 months, review the motor vehicle record of each driver it
employs to determine whether that driver meets minimum requirements for safe
driving or is disqualified to drive a commercial motor vehicle pursuant to §
391.15.
(1) The motor carrier must consider any evidence that the driver has violated
any applicable Federal Motor Carrier Safety Regulations in this subchapter or
Hazardous Materials Regulations (49 CFR chapter I, subchapter C).
(2) The motor carrier must consider the driver's accident record and any
evidence that the driver has violated laws governing the operation of motor
vehicles, and must give great weight to violations, such as speeding, reckless
driving, and operating while under the influence of alcohol or drugs, that
indicate that the driver has exhibited a disregard for the safety of the public.
(c) Recordkeeping.
(1) A copy of the motor vehicle record required by paragraph (a) of this section
shall be maintained in the driver's qualification file.
(2) A note, including the name of the person who performed the review of the
driving record required by paragraph (b) of this section and the date of such
review, shall be maintained in the driver's qualification file.
[63 FR 33277, June 18, 1998, as amended at 73 FR 73127, Dec. 1, 2008]
§ 391.27 RECORD OF VIOLATIONS.
CROSS REFERENCE
Link to an amendment published at 87 FR 13209, Mar. 9, 2022.
(a) Except as provided in subpart G of this part, each motor carrier shall, at
least once every 12 months, require each driver it employs to prepare and
furnish it with a list of all violations of motor vehicle traffic laws and
ordinances (other than violations involving only parking) of which the driver
has been convicted or on account of which he/she has forfeited bond or
collateral during the preceding 12 months.
(b) Each driver shall furnish the list required in accordance with paragraph (a)
of this section. If the driver has not been convicted of, or forfeited bond or
collateral on account of, any violation which must be listed, he/she shall so
certify.
(c) The form of the driver's list or certification shall be prescribed by the
motor carrier. The following form may be used to comply with this section:
DRIVER'S CERTIFICATION
I certify that the following is a true and complete list of traffic violations
(other than parking violations) for which I have been convicted or forfeited
bond or collateral during the past 12 months.
Date of conviction Offense
Location Type of motor vehicle operated
If no violations are listed above, I certify that I have not been convicted or
forfeited bond or collateral on account of any violation required to be listed
during the past 12 months.
(Date of certification) (Driver's signature)
(MOTOR CARRIER'S NAME)
(MOTOR CARRIER'S ADDRESS)
(Reviewed by: Signature) (Title)
(d) The motor carrier shall retain the list or certificate required by this
section, or a copy of it, in its files as part of the driver's qualification
file.
(e) Drivers who have provided information required by § 383.31 of this
subchapter need not repeat that information in the annual list of violations
required by this section.
[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 52 FR
20589, June 1, 1987; 60 FR 38745, July 28, 1995]
SUBPART D - TESTS
§ 391.31 ROAD TEST.
(a) Except as provided in subpart G, a person shall not drive a commercial motor
vehicle unless he/she has first successfully completed a road test and has been
issued a certificate of driver's road test in accordance with this section.
(b) The road test shall be given by the motor carrier or a person designated by
it. However, a driver who is a motor carrier must be given the test by a person
other than himself/herself. The test shall be given by a person who is competent
to evaluate and determine whether the person who takes the test has demonstrated
that he/she is capable of operating the commercial motor vehicle, and associated
equipment, that the motor carrier intends to assign him/her.
(c) The road test must be of sufficient duration to enable the person who gives
it to evaluate the skill of the person who takes it at handling the commercial
motor vehicle, and associated equipment, that the motor carriers intends to
assign to him/her. As a minimum, the person who takes the test must be tested,
while operating the type of commercial motor vehicle the motor carrier intends
to assign him/her, on his/her skill at performing each of the following
operations:
(1) The pretrip inspection required by § 392.7 of this subchapter;
(2) Coupling and uncoupling of combination units, if the equipment he/she may
drive includes combination units;
(3) Placing the commercial motor vehicle in operation;
(4) Use of the commercial motor vehicle's controls and emergency equipment;
(5) Operating the commercial motor vehicle in traffic and while passing other
motor vehicles;
(6) Turning the commercial motor vehicle;
(7) Braking, and slowing the commercial motor vehicle by means other than
braking; and
(8) Backing and parking the commercial motor vehicle.
(d) The motor carrier shall provide a road test form on which the person who
gives the test shall rate the performance of the person who takes it at each
operation or activity which is a part of the test. After he/she completes the
form, the person who gave the test shall sign it.
(e) If the road test is successfully completed, the person who gave it shall
complete a certificate of driver's road test in substantially the form
prescribed in paragraph (f) of this section.
(f) The form for the certificate of driver's road test is substantially as
follows:
CERTIFICATION OF ROAD TEST
Driver's name
Type of power unit ______ Type of trailer(s)
If passenger carrier, type of bus ______
This is to certify that the above-named driver was given a road test under my
supervision on ______, 20__, consisting of approximately ___ miles of driving.
It is my considered opinion that this driver possesses sufficient driving skill
to operate safely the type of commercial motor vehicle listed above.
(Signature of examiner)
(Title)
(Organization and address of examiner)
(g) A copy of the certificate required by paragraph (e) of this section shall be
given to the person who was examined. The motor carrier shall retain in the
driver qualification file of the person who was examined -
(1) The original of the signed road test form required by paragraph (d) of this
section; and
(2) The original, or a copy of, the certificate required by paragraph (e) of
this section.
(h) The information collection requirements of this section have been reviewed
by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) and have been assigned OMB control number
2126-0072.
[35 FR 6460, Apr. 22, 1970, as amended at 36 FR 223, Jan. 7, 1971; 59 FR 8752,
Feb. 23, 1994; 60 FR 38744, July 28, 1995; 66 FR 49874, Oct. 1, 2001; 87 FR
3417, Jan. 21, 2022]
§ 391.33 EQUIVALENT OF ROAD TEST.
(a) In place of, and as equivalent to, the road test required by § 391.31, a
person who seeks to drive a commercial motor vehicle may present, and a motor
carrier may accept -
(1) A valid Commercial Driver's License as defined in § 383.5 of this
subchapter, but not including double/triple trailer or tank vehicle
endorsements, which has been issued to him/her to operate specific categories of
commercial motor vehicles and which, under the laws of that State, licenses
him/her after successful completion of a road test in a commercial motor vehicle
of the type the motor carrier intends to assign to him/her; or
(2) A copy of a valid certificate of driver's road test issued to him/her
pursuant to § 391.31 within the preceding 3 years.
(b) If a driver presents, and a motor carrier accepts, a license or certificate
as equivalent to the road test, the motor carrier shall retain a legible copy of
the license or certificate in its files as part of the driver's qualification
file.
(c) A motor carrier may require any person who presents a license or certificate
as equivalent to the road test to take a road test or any other test of his/her
driving skill as a condition to his/her employment as a driver.
[35 FR 6460, Apr. 22, 1970, as amended at 60 FR 38744, July 28, 1995; 63 FR
33277, June 18, 1998]
SUBPART E - PHYSICAL QUALIFICATIONS AND EXAMINATIONS
§ 391.41 PHYSICAL QUALIFICATIONS FOR DRIVERS.
(a)
(1)
(i) A person subject to this part must not operate a commercial motor vehicle
unless he or she is medically certified as physically qualified to do so, and,
except as provided in paragraph (a)(2) of this section, when on-duty has on his
or her person the original, or a copy, of a current medical examiner's
certificate that he or she is physically qualified to drive a commercial motor
vehicle. NOTE: Effective December 29, 1991, and as amended on January 19, 2017,
the FMCSA Administrator determined that the Licencia Federal de Conductor issued
by the United Mexican States is recognized as proof of medical fitness to drive
a CMV. The United States and Canada entered into a Reciprocity Agreement,
effective March 30, 1999, recognizing that a Canadian commercial driver's
license is proof of medical fitness to drive a CMV. Therefore, Canadian and
Mexican CMV drivers are not required to have in their possession a medical
examiner's certificate if the driver has been issued, and possesses, a valid
commercial driver license issued by the United Mexican States, or a Canadian
Province or Territory, and whose license and medical status, including any
waiver or exemption, can be electronically verified. Drivers from any of the
countries who have received a medical authorization that deviates from the
mutually accepted compatible medical standards of the resident country are not
qualified to drive a CMV in the other countries. For example, Canadian drivers
who do not meet the medical fitness provisions of the Canadian National Safety
Code for Motor Carriers but are issued a waiver by one of the Canadian Provinces
or Territories, are not qualified to drive a CMV in the United States. In
addition, U.S. drivers who received a medical variance from FMCSA are not
qualified to drive a CMV in Canada.
(ii) A person who qualifies for the medical examiner's certificate by virtue of
having obtained a medical variance from FMCSA, in the form of an exemption
letter or a skill performance evaluation certificate, must have on his or her
person a copy of the variance documentation when on-duty.
(2) CDL/CLP exception.
(i)
(A) Beginning on January 30, 2015 and through June 22, 2025, a driver required
to have a commercial driver's license under part 383 of this chapter, and who
submitted a current medical examiner's certificate to the State in accordance
with 49 CFR 383.71(h) documenting that he or she meets the physical
qualification requirements of this part, no longer needs to carry on his or her
person the medical examiner's certificate specified at § 391.43(h), or a copy,
for more than 15 days after the date it was issued as valid proof of medical
certification.
(B) On or after June 23, 2025, a driver required to have a commercial driver's
license or a commercial learner's permit under 49 CFR part 383, and who has a
current medical examiner's certificate documenting that he or she meets the
physical qualification requirements of this part, no longer needs to carry on
his or her person the medical examiner's certificate specified at § 391.43(h).
(ii) Beginning on July 8, 2015, and through June 22, 2025, a driver required to
have a commercial learner's permit under part 383 of this chapter, and who
submitted a current medical examiner's certificate to the State in accordance
with § 383.71(h) of this chapter documenting that he or she meets the physical
qualification requirements of this part, no longer needs to carry on his or her
person the medical examiner's certificate specified at § 391.43(h), or a copy
for more than 15 days after the date it was issued as valid proof of medical
certification.
(iii) A CDL or CLP holder required by § 383.71(h) of this chapter to obtain a
medical examiner's certificate, who obtained such by virtue of having obtained a
medical variance from FMCSA, must continue to have in his or her possession the
original or copy of that medical variance documentation at all times when
on-duty.
(iv) In the event of a conflict between the medical certification information
provided electronically by FMCSA and a paper copy of the medical examiner's
certificate, the medical certification information provided electronically by
FMCSA shall control.
(3) A person is physically qualified to drive a commercial motor vehicle if:
(i) That person meets the physical qualification standards in paragraph (b) of
this section and has complied with the medical examination requirements in §
391.43; or
(ii) That person obtained from FMCSA a medical variance from the physical
qualification standards in paragraph (b) of this section and has complied with
the medical examination requirement in § 391.43.
(b) A person is physically qualified to drive a commercial motor vehicle if that
person -
(1) Has no loss of a foot, a leg, a hand, or an arm, or has been granted a skill
performance evaluation certificate pursuant to § 391.49;
(2) Has no impairment of:
(i) A hand or finger which interferes with prehension or power grasping; or
(ii) An arm, foot, or leg which interferes with the ability to perform normal
tasks associated with operating a commercial motor vehicle; or any other
significant limb defect or limitation which interferes with the ability to
perform normal tasks associated with operating a commercial motor vehicle; or
has been granted a skill performance evaluation certificate pursuant to §
391.49;
(3) Has no established medical history or clinical diagnosis of diabetes
mellitus currently treated with insulin for control, unless the person meets the
requirements in § 391.46;
(4) Has no current clinical diagnosis of myocardial infarction, angina pectoris,
coronary insufficiency, thrombosis, or any other cardiovascular disease of a
variety known to be accompanied by syncope, dyspnea, collapse, or congestive
cardiac failure;
(5) Has no established medical history or clinical diagnosis of a respiratory
dysfunction likely to interfere with his/her ability to control and drive a
commercial motor vehicle safely;
(6) Has no current clinical diagnosis of high blood pressure likely to interfere
with his/her ability to operate a commercial motor vehicle safely;
(7) Has no established medical history or clinical diagnosis of rheumatic,
arthritic, orthopedic, muscular, neuromuscular, or vascular disease which
interferes with his/her ability to control and operate a commercial motor
vehicle safely;
(8) Has no established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause loss of consciousness or any loss of
ability to control a commercial motor vehicle;
(9) Has no mental, nervous, organic, or functional disease or psychiatric
disorder likely to interfere with his/her ability to drive a commercial motor
vehicle safely;
(10)
(i) Has distant visual acuity of at least 20/40 (Snellen) in each eye without
corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or
better with corrective lenses, distant binocular acuity of at least 20/40
(Snellen) in both eyes with or without corrective lenses, field of vision of at
least 70° in the horizontal meridian in each eye, and the ability to recognize
the colors of traffic signals and devices showing standard red, green, and
amber; or
(ii) Meets the requirements in § 391.44, if the person does not satisfy, with
the worse eye, either the distant visual acuity standard with corrective lenses
or the field of vision standard, or both, in paragraph (b)(10)(i) of this
section;
(11) First perceives a forced whispered voice in the better ear at not less than
5 feet with or without the use of a hearing aid or, if tested by use of an
audiometric device, does not have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American National
Standard (formerly ASA Standard) Z24.5 - 1951;
(12)
(i) Does not use any drug or substance identified in 21 CFR 1308.11 Schedule I,
an amphetamine, a narcotic, or other habit-forming drug; or
(ii) Does not use any non-Schedule I drug or substance that is identified in the
other Schedules in 21 CFR part 1308 except when the use is prescribed by a
licensed medical practitioner, as defined in § 382.107 of this chapter, who is
familiar with the driver's medical history and has advised the driver that the
substance will not adversely affect the driver's ability to safely operate a
commercial motor vehicle; and
(13) Has no current clinical diagnosis of alcoholism.
[35 FR 6460, Apr. 22, 1970]
EDITORIAL NOTE
EDITORIAL NOTE:
For Federal Register citations affecting § 391.41, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed volume and at
www.govinfo.gov.
§ 391.43 MEDICAL EXAMINATION; CERTIFICATE OF PHYSICAL EXAMINATION.
(a) Except as provided by paragraph (b) of this section, the medical examination
must be performed by a medical examiner listed on the National Registry of
Certified Medical Examiners under subpart D of part 390 of this chapter.
(b) Exceptions:
(1) A licensed ophthalmologist or licensed optometrist may perform the part of
the medical examination that involves visual acuity, field of vision, and the
ability to recognize colors as specified in § 391.41(b)(10).
(2) A certified VA medical examiner must only perform medical examinations of
veteran operators.
(c) Medical examiners shall:
(1) Be knowledgeable of the specific physical and mental demands associated with
operating a commercial motor vehicle and the requirements of this subpart,
including the medical advisory criteria prepared by the FMCSA as guidelines to
aid the medical examiner in making the qualification determination; and
(2) Be proficient in the use of and use the medical protocols necessary to
adequately perform the medical examination required by this section.
(d) Any driver authorized to operate a commercial motor vehicle within an exempt
intracity zone pursuant to § 391.62 of this part shall furnish the examining
medical examiner with a copy of the medical findings that led to the issuance of
the first certificate of medical examination which allowed the driver to operate
a commercial motor vehicle wholly within an exempt intracity zone.
(e) Any driver operating under a limited exemption authorized by § 391.64 shall
furnish the medical examiner with a copy of the annual medical findings of the
ophthalmologist or optometrist, as required under § 391.64. If the medical
examiner finds the driver qualified under the limited exemption in § 391.64,
such fact shall be noted on the Medical Examiner's Certificate.
(f) The medical examination shall be performed, and its results shall be
recorded on the Medical Examination Report Form, MCSA-5875, set out in this
paragraph (f):
(g) Upon completion of the medical examination required by this subpart:
(1) The medical examiner must date and sign the Medical Examination Report and
provide his or her full name, office address, and telephone number on the
Report.
(2)
(i) Before June 23, 2025, if the medical examiner finds that the person examined
is physically qualified to operate a commercial motor vehicle in accordance with
§ 391.41(b), he or she must complete a certificate in the form prescribed in
paragraph (h) of this section and furnish the original to the person who was
examined. The examiner must provide a copy to a prospective or current employing
motor carrier who requests it.
(ii) On or after June 23, 2025, if the medical examiner identifies that the
person examined will not be operating a commercial motor vehicle that requires a
commercial driver's license or a commercial learner's permit and finds that the
driver is physically qualified to operate a commercial motor vehicle in
accordance with § 391.41(b), he or she must complete a certificate in the form
prescribed in paragraph (h) of this section and furnish the original to the
person who was examined. The examiner must provide a copy to a prospective or
current employing motor carrier who requests it.
(3) On or after June 23, 2025, if the medical examiner finds that the person
examined is not physically qualified to operate a commercial motor vehicle in
accordance with § 391.41(b), he or she must inform the person examined that he
or she is not physically qualified, and that this information will be reported
to FMCSA. All medical examiner's certificates previously issued to the person
are not valid and no longer satisfy the requirements of § 391.41(a).
(4) Beginning December 22, 2015, if the medical examiner finds that the
determination of whether the person examined is physically qualified to operate
a commercial motor vehicle in accordance with § 391.41(b) should be delayed to
receive additional information or to conduct further examination in order for
the medical examiner to make such determination, he or she must inform the
person examined that the additional information must be provided or the further
examination completed within 45 days, and that the pending status of the
examination will be reported to FMCSA.
(5)
(i)
(A) Once every calendar month, beginning May 21, 2014 and ending on June 22,
2018, the medical examiner must electronically transmit to FMCSA, via a secure
Web account on the National Registry, a completed CMV Driver Medical Examination
Results Form, MCSA-5850. The Form must include all information specified for
each medical examination conducted during the previous month for any driver who
is required to be examined by a medical examiner listed on the National Registry
of Certified Medical Examiners.
(B) Beginning June 22, 2018 by midnight (local time) of the next calendar day
after the medical examiner completes a medical examination for any driver who is
required to be examined by a medical examiner listed on the National Registry of
Certified Medical Examiners, the medical examiner must electronically transmit
to FMCSA, via a secure FMCSA-designated Web site, a completed CMV Driver Medical
Examination Results Form, MCSA-5850. The Form must include all information
specified for each medical examination conducted for each driver who is required
to be examined by a medical examiner listed on the National Registry of
Certified Medical Examiners in accordance with the provisions of this subpart E,
and should also include information for each driver who is required by a State
to be examined by a medical examiner listed on the National Registry of
Certified Medical Examiners in accordance with the provisions of this subpart E
and any variances from those provisions adopted by such State.
(ii) Beginning on June 22, 2015, if the medical examiner does not perform a
medical examination of any driver who is required to be examined by a medical
examiner listed on the National Registry of Certified Medical Examiners during
any calendar month, the medical examiner must report that fact to FMCSA, via a
secure FMCSA-designated Web site, by the close of business on the last day of
such month.
(h) The medical examiner's certificate shall be completed in accordance with the
following Form MCSA-5876, Medical Examiner's Certificate:
(i) Each original (paper or electronic) completed Medical Examination Report and
a copy or electronic version of each medical examiner's certificate must be
retained on file at the office of the medical examiner for at least 3 years from
the date of examination. The medical examiner must make all records and
information in these files available to an authorized representative of FMCSA or
an authorized Federal, State, or local enforcement agency representative, within
48 hours after the request is made.
[35 FR 6460, Apr. 22, 1970]
EDITORIAL NOTE
EDITORIAL NOTE:
For Federal Register citations affecting § 391.43, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed volume and at
www.govinfo.gov.
§ 391.44 PHYSICAL QUALIFICATION STANDARDS FOR AN INDIVIDUAL WHO DOES NOT
SATISFY, WITH THE WORSE EYE, EITHER THE DISTANT VISUAL ACUITY STANDARD WITH
CORRECTIVE LENSES OR THE FIELD OF VISION STANDARD, OR BOTH.
(a) General. An individual who does not satisfy, with the worse eye, either the
distant visual acuity standard with corrective lenses or the field of vision
standard, or both, in § 391.41(b)(10)(i) is physically qualified to operate a
commercial motor vehicle in interstate commerce provided:
(1) The individual meets the other physical qualification standards in § 391.41
or has an exemption or skill performance evaluation certificate, if required;
and
(2) The individual has the vision evaluation required by paragraph (b) of this
section and the medical examination required by paragraph (c) of this section.
(b) Evaluation by an ophthalmologist or optometrist. Prior to the examination
required by § 391.45 or the expiration of a medical examiner's certificate, the
individual must be evaluated by a licensed ophthalmologist or licensed
optometrist.
(1) During the evaluation of the individual, the ophthalmologist or optometrist
must complete the Vision Evaluation Report, Form MCSA-5871.
(2) Upon completion of the Vision Evaluation Report, Form MCSA-5871, the
ophthalmologist or optometrist must sign and date the Report and provide the
ophthalmologist or optometrist's full name, office address, and telephone number
on the Report.
(c) Examination by a medical examiner. At least annually, an individual who does
not satisfy, with the worse eye, either the distant visual acuity standard with
corrective lenses or the field of vision standard, or both, in §
391.41(b)(10)(i) must be medically examined and certified by a medical examiner
as physically qualified to operate a commercial motor vehicle in accordance with
§ 391.43. The examination must begin not more than 45 days after an
ophthalmologist or optometrist signs and dates the Vision Evaluation Report,
Form MCSA-5871.
(1) The medical examiner must receive a completed Vision Evaluation Report, Form
MCSA-5871, signed and dated by an ophthalmologist or optometrist for each
required examination. This Report shall be treated and retained as part of the
Medical Examination Report Form, MCSA-5875.
(2) The medical examiner must determine whether the individual meets the
physical qualification standards in § 391.41 to operate a commercial motor
vehicle. In making that determination, the medical examiner must consider the
information in the Vision Evaluation Report, Form MCSA-5871, signed by an
ophthalmologist or optometrist and, utilizing independent medical judgment,
apply the following standards in determining whether the individual may be
certified as physically qualified to operate a commercial motor vehicle.
(i) The individual is not physically qualified to operate a commercial motor
vehicle if, in the better eye, the distant visual acuity is not at least 20/40
(Snellen), with or without corrective lenses, and the field of vision is not at
least 70° in the horizontal meridian.
(ii) The individual is not physically qualified to operate a commercial motor
vehicle if the individual is not able to recognize the colors of traffic signals
and devices showing standard red, green, and amber.
(iii) The individual is not physically qualified to operate a commercial motor
vehicle if the individual's vision deficiency is not stable.
(iv) The individual is not physically qualified to operate a commercial motor
vehicle if sufficient time has not passed since the vision deficiency became
stable to allow the individual to adapt to and compensate for the change in
vision.
(d) Road test.
(1) Except as provided in paragraphs (d)(3), (4), and (5) of this section, an
individual physically qualified under this section for the first time shall not
drive a commercial motor vehicle until the individual has successfully completed
a road test subsequent to physical qualification and has been issued a
certificate of driver's road test in accordance with § 391.31. An individual
physically qualified under this section for the first time must inform the motor
carrier responsible for completing the road test under § 391.31(b) that the
individual is required by paragraph (d) of this section to have a road test. The
motor carrier must conduct the road test in accordance with § 391.31(b) thorough
(g).
(2) For road tests required by paragraph (d)(1) of this section, the provisions
of § 391.33 for the equivalent of a road test do not apply. If an individual
required to have a road test by paragraph (d)(1) of this section successfully
completes the road test and is issued a certificate of driver's road test in
accordance with § 391.31, then any otherwise applicable provisions of § 391.33
will apply thereafter to such individual.
(3) An individual physically qualified under this section for the first time is
not required to complete a road test in accordance with § 391.31 if the motor
carrier responsible for completing the road test under § 391.31(b) determines
the individual possessed a valid commercial driver's license or non-commercial
driver's license to operate, and did operate, a commercial motor vehicle in
either intrastate commerce or in interstate commerce excepted by § 390.3T(f) of
this subchapter or § 391.2 from the requirements of this subpart with the vision
deficiency for the 3-year period immediately preceding the date of physical
qualification under this section for the first time.
(i) The individual must certify in writing to the motor carrier the date the
vision deficiency began.
(ii) If the motor carrier determines the individual possessed a valid commercial
driver's license or non-commercial driver's license to operate, and did operate,
a commercial motor vehicle in either intrastate commerce or in interstate
commerce excepted by either § 390.3T(f) of this subchapter or § 391.2 from the
requirements of this subpart with the vision deficiency for the 3-year period
immediately preceding the date of physical qualification in accordance with this
section for the first time, the motor carrier must -
(A) Prepare a written statement to the effect that the motor carrier determined
the individual possessed a valid license and operated a commercial motor vehicle
in intrastate or in the specific excepted interstate commerce (as applicable)
with the vision deficiency for the 3-year period immediately preceding the date
of physical qualification in accordance with this section for the first time
and, therefore, is not required by paragraph (d) of this section to complete a
road test;
(B) Give the individual a copy of the written statement; and
(C) Retain in the individual's driver qualification file the original of the
written statement and the original, or a copy, of the individual's certification
regarding the date the vision deficiency began.
(4) An individual physically qualified under this section for the first time is
not required to complete a road test in accordance with § 391.31 if the
individual held on March 22, 2022, a valid exemption from the vision standard in
§ 391.41(b)(10)(i) issued by FMCSA under 49 CFR part 381. Such an individual is
not required to inform the motor carrier that the individual is excepted from
the requirement in paragraph (d)(1) of this section to have a road test.
(5) An individual physically qualified under this section for the first time is
not required to complete a road test in accordance with § 391.31 if the
individual was medically certified on March 22, 2022, under the provisions of §
391.64(b) for drivers who participated in a previous vision waiver study
program. Such an individual is not required to inform the motor carrier that the
individual is excepted from the requirement in paragraph (d)(1) of this section
to have a road test.
[87 FR 3417, Jan. 21, 2022]
§ 391.45 PERSONS WHO MUST BE MEDICALLY EXAMINED AND CERTIFIED.
The following persons must be medically examined and certified in accordance
with § 391.43 as physically qualified to operate a commercial motor vehicle:
(a) Any person who has not been medically examined and certified as physically
qualified to operate a commercial motor vehicle;
(b) Any driver who has not been medically examined and certified as qualified to
operate a commercial motor vehicle during the preceding 24 months, unless the
driver is required to be examined and certified in accordance with paragraph
(c), (d), (e), (f), (g), or (h) of this section;
(c) Any driver authorized to operate a commercial motor vehicle only within an
exempt intra-city zone pursuant to § 391.62, if such driver has not been
medically examined and certified as qualified to drive in such zone during the
preceding 12 months;
(d) Any driver authorized to operate a commercial motor vehicle only by
operation of the exemption in § 391.64, if such driver has not been medically
examined and certified as qualified to drive during the preceding 12 months;
(e) Any driver who has diabetes mellitus treated with insulin for control and
who has obtained a medical examiner's certificate under the standards in §
391.46, if such driver's most recent medical examination and certification as
qualified to drive did not occur during the preceding 12 months;
(f) Any driver who does not satisfy, with the worse eye, either the distant
visual acuity standard with corrective lenses or the field of vision standard,
or both, in § 391.41(b)(10)(i) and who has obtained a medical examiner's
certificate under the standards in § 391.44, if such driver's most recent
medical examination and certification as qualified to drive did not occur during
the preceding 12 months;
(g) Any driver whose ability to perform his or her normal duties has been
impaired by a physical or mental injury or disease; and
(h) On or after June 23, 2025, any person found by a medical examiner not to be
physically qualified to operate a commercial motor vehicle under the provisions
of paragraph (g)(3) of § 391.43.
[83 FR 47520, Sept. 19, 2018, as amended at 86 FR 32651, June 22, 2021; 87 FR
3419, Jan. 21, 2022]
§ 391.46 PHYSICAL QUALIFICATION STANDARDS FOR AN INDIVIDUAL WITH DIABETES
MELLITUS TREATED WITH INSULIN FOR CONTROL.
(a) Diabetes mellitus treated with insulin. An individual with diabetes mellitus
treated with insulin for control is physically qualified to operate a commercial
motor vehicle provided:
(1) The individual otherwise meets the physical qualification standards in §
391.41 or has an exemption or skill performance evaluation certificate, if
required; and
(2) The individual has the evaluation required by paragraph (b) and the medical
examination required by paragraph (c) of this section.
(b) Evaluation by the treating clinician. Prior to the examination required by §
391.45 or the expiration of a medical examiner's certificate, the individual
must be evaluated by his or her “treating clinician.” For purposes of this
section, “treating clinician” means a healthcare professional who manages, and
prescribes insulin for, the treatment of the individual's diabetes mellitus as
authorized by the healthcare professional's State licensing authority.
(1) During the evaluation of the individual, the treating clinician must
complete the Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5870.
(2) Upon completion of the Insulin-Treated Diabetes Mellitus Assessment Form,
MCSA-5870, the treating clinician must sign and date the Form and provide his or
her full name, office address, and telephone number on the Form.
(c) Medical examiner's examination. At least annually, but no later than 45 days
after the treating clinician signs and dates the Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA-5870, an individual with diabetes mellitus
treated with insulin for control must be medically examined and certified by a
medical examiner as physically qualified in accordance with § 391.43 and as free
of complications from diabetes mellitus that might impair his or her ability to
operate a commercial motor vehicle safely.
(1) The medical examiner must receive a completed Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA-5870, signed and dated by the individual's
treating clinician for each required examination. This Form shall be treated and
retained as part of the Medical Examination Report Form, MCSA-5875.
(2) The medical examiner must determine whether the individual meets the
physical qualification standards in § 391.41 to operate a commercial motor
vehicle. In making that determination, the medical examiner must consider the
information in the Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5870,
signed by the treating clinician and, utilizing independent medical judgment,
apply the following qualification standards in determining whether the
individual with diabetes mellitus treated with insulin for control may be
certified as physically qualified to operate a commercial motor vehicle.
(i) The individual is not physically qualified to operate a commercial motor
vehicle if he or she is not maintaining a stable insulin regimen and not
properly controlling his or her diabetes mellitus.
(ii) The individual is not physically qualified on a permanent basis to operate
a commercial motor vehicle if he or she has either severe non-proliferative
diabetic retinopathy or proliferative diabetic retinopathy.
(iii) The individual is not physically qualified to operate a commercial motor
vehicle up to the maximum 12-month period under § 391.45(e) until he or she
provides the treating clinician with at least the preceding 3 months of
electronic blood glucose self-monitoring records while being treated with
insulin that are generated in accordance with paragraph (d) of this section.
(iv) The individual who does not provide the treating clinician with at least
the preceding 3 months of electronic blood glucose self-monitoring records while
being treated with insulin that are generated in accordance with paragraph (d)
of this section is not physically qualified to operate a commercial motor
vehicle for more than 3 months. If 3 months of compliant electronic blood
glucose self-monitoring records are then provided by the individual to the
treating clinician and the treating clinician completes a new Insulin-Treated
Diabetes Mellitus Assessment Form, MCSA-5870, the medical examiner may issue a
medical examiner's certificate that is valid for up to the maximum 12-month
period allowed by § 391.45(e) and paragraph (c)(2)(iii) of this section.
(d) Blood glucose self-monitoring records. Individuals with diabetes mellitus
treated with insulin for control must self-monitor blood glucose in accordance
with the specific treatment plan prescribed by the treating clinician. Such
individuals must maintain blood glucose records measured with an electronic
glucometer that stores all readings, that records the date and time of readings,
and from which data can be electronically downloaded. A printout of the
electronic blood glucose records or the glucometer must be provided to the
treating clinician at the time of any of the evaluations required by this
section.
(e) Severe hypoglycemic episodes.
(1) An individual with diabetes mellitus treated with insulin for control who
experiences a severe hypoglycemic episode after being certified as physically
qualified to operate a commercial motor vehicle is prohibited from operating a
commercial motor vehicle, and must report such occurrence to and be evaluated by
a treating clinician as soon as is reasonably practicable. A severe hypoglycemic
episode is one that requires the assistance of others, or results in loss of
consciousness, seizure, or coma. The prohibition on operating a commercial motor
vehicle continues until a treating clinician:
(i) Has determined that the cause of the severe hypoglycemic episode has been
addressed;
(ii) Has determined that the individual is maintaining a stable insulin regimen
and proper control of his or her diabetes mellitus; and
(iii) Completes a new Insulin-Treated Diabetes Mellitus Assessment Form,
MCSA-5870.
(2) The individual must retain the Form and provide it to the medical examiner
at the individual's next medical examination.
[83 FR 47520, Sept. 19, 2018, as amended at 84 FR 51434, Sept. 30, 2019]
§ 391.47 RESOLUTION OF CONFLICTS OF MEDICAL EVALUATION.
(a) Applications. Applications for determination of a driver's medical
qualifications under standards in this part will only be accepted if they
conform to the requirements of this section.
(b) Content. Applications will be accepted for consideration only if the
following conditions are met.
(1) The application must contain the name and address of the driver, motor
carrier, and all physicians involved in the proceeding.
(2) The applicant must submit proof that there is a disagreement between the
physician for the driver and the physician for the motor carrier concerning the
driver's qualifications.
(3) The applicant must submit a copy of an opinion and report including results
of all tests of an impartial medical specialist in the field in which the
medical conflict arose. The specialist should be one agreed to by the motor
carrier and the driver.
(i) In cases where the driver refuses to agree on a specialist and the applicant
is the motor carrier, the applicant must submit a statement of his/her agreement
to submit the matter to an impartial medical specialist in the field, proof that
he/she has requested the driver to submit to the medical specialist, and the
response, if any, of the driver to his/her request.
(ii) In cases where the motor carrier refuses to agree on a medical specialist,
the driver must submit an opinion and test results of an impartial medical
specialist, proof that he/she has requested the motor carrier to agree to submit
the matter to the medical specialist and the response, if any, of the motor
carrier to his/her request.
(4) The applicant must include a statement explaining in detail why the decision
of the medical specialist identified in paragraph (b)(3) of this section, is
unacceptable.
(5) The applicant must submit proof that the medical specialist mentioned in
paragraph (b)(3) of this section was provided, prior to his/her determination,
the medical history of the driver and an agreed-upon statement of the work the
driver performs.
(6) The applicant must submit the medical history and statement of work provided
to the medical specialist under paragraph (b)(5) of this section.
(7) The applicant must submit all medical records and statements of the
physicians who have given opinions on the driver's qualifications.
(8) The applicant must submit a description and a copy of all written and
documentary evidence upon which the party making application relies in the form
set out in 49 CFR 386.37.
(9) The application must be accompanied by a statement of the driver that he/she
intends to drive in interstate commerce not subject to the commercial zone
exemption or a statement of the carrier that he/she has used or intends to use
the driver for such work.
(10) The applicant must submit three copies of the application and all records.
(c) Information. FMCSA (MC-PS) may request further information from the
applicant if he/she determines that a decision cannot be made on the evidence
submitted. If the applicant fails to submit the information requested, FMCSA may
refuse to issue a determination.
(d)
(1) Action. Upon receiving a satisfactory application FMCSA (MC-PS) shall notify
the parties (the driver, motor carrier, or any other interested party) that the
application has been accepted and that a determination will be made. A copy of
all evidence received shall be attached to the notice.
(2) Reply. Any party may submit a reply to the notification within 15 days after
service. Such reply must be accompanied by all evidence the party wants FMCSA
(MC-PS) to consider in making his/her determination. Evidence submitted should
include all medical records and test results upon which the party relies.
(3) Parties. A party for the purposes of this section includes the motor carrier
and the driver, or anyone else submitting an application.
(e) Petitions to review, burden of proof. The driver or motor carrier may
petition to review the FMCSA's determination. Such petition must be submitted in
accordance with § 386.13(a) of this chapter. The burden of proof in such a
proceeding is on the petitioner.
(f) Status of driver. Once an application is submitted to FMCSA (MC-PS), the
driver shall be deemed disqualified until such time as FMCSA (MC-PS) makes a
determination, or until FMCSA (MC-PS) orders otherwise.
[42 FR 18081, Apr. 5, 1977, as amended at 42 FR 53966, Oct. 4, 1977; 60 FR
38746, July 28, 1995; 66 FR 49874, Oct. 1, 2001; 78 FR 58483, Sept. 24, 2013; 80
FR 59075, Oct. 1, 2015; 86 FR 57074, Oct. 14, 2021]
§ 391.49 ALTERNATIVE PHYSICAL QUALIFICATION STANDARDS FOR THE LOSS OR IMPAIRMENT
OF LIMBS.
(a) A person who is not physically qualified to drive under § 391.41(b)(1) or
(2) and who is otherwise qualified to drive a commercial motor vehicle, may
drive a commercial motor vehicle if FMCSA has granted a Skill Performance
Evaluation (SPE) Certificate to that person.
(b)
(1) Application. A letter of application for an SPE certificate may be submitted
jointly by the person (driver applicant) who seeks an SPE certificate and by the
motor carrier that will employ the driver applicant, if the application is
accepted.
(2) Application address. The application must be addressed to the SPE
Certificate Program at the applicable FMCSA service center for the State in
which the co-applicant motor carrier's principal place of business is located.
The address of each, and the States serviced, are listed in § 390.27 of this
chapter.
(3) Exception. A letter of application for an SPE certificate may be submitted
unilaterally by a driver applicant. The application must be addressed to the
field service center, FMCSA, for the State in which the driver has legal
residence. The driver applicant must comply with all the requirements of
paragraph (c) of this section except those in (c)(1)(i) and (iii). The driver
applicant shall respond to the requirements of paragraphs (c)(2)(i) to (v) of
this section, if the information is known.
(c) A letter of application for an SPE certificate shall contain:
(1) Identification of the applicant(s):
(i) Name and complete address of the motor carrier co-applicant;
(ii) Name and complete address of the driver applicant;
(iii) The U.S. DOT Motor Carrier Identification Number, if known; and
(iv) A description of the driver applicant's limb impairment for which SPE
certificate is requested.
(2) Description of the type of operation the driver will be employed to perform:
(i) State(s) in which the driver will operate for the motor carrier co-applicant
(if more than 10 States, designate general geographic area only);
(ii) Average period of time the driver will be driving and/or on duty, per day;
(iii) Type of commodities or cargo to be transported;
(iv) Type of driver operation (i.e., sleeper team, relay, owner operator, etc.);
and
(v) Number of years experience operating the type of commercial motor vehicle(s)
requested in the letter of application and total years of experience operating
all types of commercial motor vehicles.
(3) Description of the commercial motor vehicle(s) the driver applicant intends
to drive:
(i) Truck, truck tractor, or bus make, model, and year (if known);
(ii) Drive train;
(A) Transmission type (automatic or manual - if manual, designate number of
forward speeds);
(B) Auxiliary transmission (if any) and number of forward speeds; and
(C) Rear axle (designate single speed, 2 speed, or 3 speed).
(iii) Type of brake system;
(iv) Steering, manual or power assisted;
(v) Description of type of trailer(s) (i.e., van, flatbed, cargo tank, drop
frame, lowboy, or pole);
(vi) Number of semitrailers or full trailers to be towed at one time;
(vii) For commercial motor vehicles designed to transport passengers, indicate
the seating capacity of commercial motor vehicle; and
(viii) Description of any modification(s) made to the commercial motor vehicle
for the driver applicant; attach photograph(s) where applicable.
(4) Otherwise qualified:
(i) The co-applicant motor carrier must certify that the driver applicant is
otherwise qualified under the regulations of this part;
(ii) In the case of a unilateral application, the driver applicant must certify
that he/she is otherwise qualified under the regulations of this part.
(5) Signature of applicant(s):
(i) Driver applicant's signature and date signed;
(ii) Motor carrier official's signature (if application has a co-applicant),
title, and date signed. Depending upon the motor carrier's organizational
structure (corporation, partnership, or proprietorship), the signer of the
application shall be an officer, partner, or the proprietor.
(d) The letter of application for an SPE certificate shall be accompanied by:
(1) A copy of the Medical Examination Report Form, MCSA-5875, documenting the
results of the medical examination performed pursuant to § 391.43;
(2) A copy of the Medical Examiner's Certificate, Form MCSA-5876, completed
pursuant to § 391.43(h);
(3) A medical evaluation summary completed by either a board qualified or board
certified physiatrist (doctor of physical medicine) or orthopedic surgeon. The
co-applicant motor carrier or the driver applicant shall provide the physiatrist
or orthopedic surgeon with a description of the job-related tasks the driver
applicant will be required to perform;
(i) The medical evaluation summary for a driver applicant disqualified under §
391.41(b)(1) shall include:
(A) An assessment of the functional capabilities of the driver as they relate to
the ability of the driver to perform normal tasks associated with operating a
commercial motor vehicle; and
(B) A statement by the examiner that the applicant is capable of demonstrating
precision prehension (e.g., manipulating knobs and switches) and power grasp
prehension (e.g., holding and maneuvering the steering wheel) with each upper
limb separately. This requirement does not apply to an individual who was
granted a waiver, absent a prosthetic device, prior to the publication of this
amendment.
(ii) The medical evaluation summary for a driver applicant disqualified under §
391.41(b)(2) shall include:
(A) An explanation as to how and why the impairment interferes with the ability
of the applicant to perform normal tasks associated with operating a commercial
motor vehicle;
(B) An assessment and medical opinion of whether the condition will likely
remain medically stable over the lifetime of the driver applicant; and
(C) A statement by the examiner that the applicant is capable of demonstrating
precision prehension (e.g., manipulating knobs and switches) and power grasp
prehension (e.g., holding and maneuvering the steering wheel) with each upper
limb separately. This requirement does not apply to an individual who was
granted an SPE certificate, absent an orthotic device, prior to the publication
of this amendment.
(4) A description of the driver applicant's prosthetic or orthotic device worn,
if any;
(5) Road test:
(i) A copy of the driver applicant's road test administered by the motor carrier
co-applicant and the certificate issued pursuant to § 391.31(b) through (g); or
(ii) A unilateral applicant shall be responsible for having a road test
administered by a motor carrier or a person who is competent to administer the
test and evaluate its results.
(6) Application for employment:
(i) A copy of the driver applicant's application for employment completed
pursuant to § 391.21; or
(ii) A unilateral applicant shall be responsible for submitting a copy of the
last commercial driving position's employment application he/she held. If not
previously employed as a commercial driver, so state.
(7) A copy of the driver applicant's SPE certificate of certain physical defects
issued by the individual State(s), where applicable; and
(8) A copy of the driver applicant's State Motor Vehicle Driving Record for the
past 3 years from each State in which a motor vehicle driver's license or permit
has been obtained.
(e) A motor carrier that employs a driver with an SPE certificate agrees to:
(1) File promptly (within 30 days of the involved incident) with the SPE
Certificate Program, FMCSA service center, such documents and information as may
be required about driving activities, accidents, arrests, license suspensions,
revocations, or withdrawals, and convictions which involve the driver applicant.
This paragraph (e)(1) applies whether the driver SPE certificate is a unilateral
one or has a co-applicant motor carrier;
(i) A motor carrier who is a co-applicant must file the required documents with
the SPE Certificate Program, FMCSA service center, for the State in which the
carrier's principal place of business is located; or
(ii) A motor carrier who employs a driver who has been issued a unilateral SPE
certificate must file the required documents with the SPE Certificate Program,
FMCSA service center, for the State in which the driver has legal residence.
(2) Evaluate the driver with a road test using the trailer the motor carrier
intends the driver to transport or, in lieu of, accept a certificate of a
trailer road test from another motor carrier if the trailer type(s) is similar,
or accept the trailer road test done during the Skill Performance Evaluation if
it is a similar trailer type(s) to that of the prospective motor carrier. Job
tasks, as stated in paragraph (e)(3) of this section, are not evaluated in the
Skill Performance Evaluation;
(3) Evaluate the driver for those nondriving safety related job tasks associated
with whatever type of trailer(s) will be used and any other nondriving safety
related or job related tasks unique to the operations of the employing motor
carrier; and
(4) Use the driver to operate the type of commercial motor vehicle defined in
the SPE certificate only when the driver is in compliance with the conditions
and limitations of the SPE certificate.
(f) The driver shall supply each employing motor carrier with a copy of the SPE
certificate.
(g) FMCSA may require the driver applicant to demonstrate his or her ability to
safely operate the commercial motor vehicle(s) the driver intends to drive to an
agent of FMCSA. The SPE certificate form will identify the power unit (bus,
truck, truck tractor) for which the SPE certificate has been granted. The SPE
certificate forms will also identify the trailer type used in the Skill
Performance Evaluation; however, the SPE certificate is not limited to that
specific trailer type. A driver may use the SPE certificate with other trailer
types if a successful trailer road test is completed in accordance with
paragraph (e)(2) of this section. Job tasks, as stated in paragraph (e)(3) of
this section, are not evaluated during the Skill Performance Evaluation.
(h) FMCSA may deny the application for SPE certificate or may grant it totally
or in part and issue the SPE certificate subject to such terms, conditions, and
limitations as deemed consistent with the public interest. The SPE certificate
is valid for a period not to exceed 2 years from date of issue, and may be
renewed 30 days prior to the expiration date.
(i) The SPE certificate renewal application shall be submitted to the SPE
Certificate Program, FMCSA service center, for the State in which the driver has
legal residence, if the SPE certificate was issued unilaterally. If the SPE
certificate has a co-applicant, then the renewal application is submitted to the
SPE Certificate Program, FMCSA service center, for the State in which the
co-applicant motor carrier's principal place of business is located. The SPE
certificate renewal application shall contain the following:
(1) Name and complete address of motor carrier currently employing the
applicant;
(2) Name and complete address of the driver;
(3) Effective date of the current SPE certificate;
(4) Expiration date of the current SPE certificate;
(5) Total miles driven under the current SPE certificate;
(6) Number of accidents incurred while driving under the current SPE
certificate, including date of the accident(s), number of fatalities, number of
injuries, and the estimated dollar amount of property damage;
(7) A current Medical Examination Report Form, MCSA-5875;
(8) A medical evaluation summary pursuant to paragraph (d)(3) of this section,
if an unstable medical condition exists. All handicapped conditions classified
under § 391.41(b)(1) are considered unstable. Refer to paragraph (d)(3)(ii) of
this section for the condition under § 391.41(b)(2) which may be considered
medically stable.
(9) A copy of driver's current State motor vehicle driving record for the period
of time the current SPE certificate has been in effect;
(10) Notification of any change in the type of tractor the driver will operate;
(11) Driver's signature and date signed; and
(12) Motor carrier coapplicant's signature and date signed.
(j)
(1) Upon granting an SPE certificate, FMCSA will notify the driver applicant and
co-applicant motor carrier (if applicable) by letter. The terms, conditions, and
limitations of the SPE certificate will be set forth. A motor carrier shall
maintain a copy of the SPE certificate in its driver qualification file. A copy
of the SPE certificate shall be retained in the motor carrier's file for a
period of 3 years after the driver's employment is terminated. The driver
applicant shall have the SPE certificate (or a legible copy) in his/her
possession whenever on duty.
(2) Upon successful completion of the skill performance evaluation, FMCSA must
notify the driver by letter and enclose an SPE certificate substantially in the
following form:
Skill Performance Evaluation Certificate
Name of Issuing Agency:
Agency Address:
Telephone Number: ( )
Issued Under 49 CFR 391.49, subchapter B of the Federal Motor Carrier Safety
Regulations
Driver's Name:
Effective Date:
SSN:
DOB:
Expiration Date:
Address:
Driver Disability:
Check One: ___New ___Renewal
Driver's License:
(State) (Number)
In accordance with 49 CFR 391.49, subchapter B of the Federal Motor Carrier
Safety Regulations (FMCSRs), the driver application for a skill performance
evaluation (SPE) certificate is hereby granted authorizing the above-named
driver to operate in interstate or foreign commerce under the provisions set
forth below. This certificate is granted for the period shown above, not to
exceed 2 years, subject to periodic review as may be found necessary. This
certificate may be renewed upon submission of a renewal application.
Continuation of this certificate is dependent upon strict adherence by the
above-named driver to the provisions set forth below and compliance with the
FMCSRs. Any failure to comply with provisions herein may be cause for
cancellation.
CONDITIONS: As a condition of this certificate, reports of all accidents,
arrests, suspensions, revocations, withdrawals of driver licenses or permits,
and convictions involving the above-named driver shall be reported in writing to
the Issuing Agency by the EMPLOYING MOTOR CARRIER within 30 days after
occurrence.
LIMITATIONS:
1. Vehicle Type (power unit):*
2. Vehicle modification(s):
3. Prosthetic or Orthotic device(s) (Required to be Worn While Driving):
4. Additional Provision(s):
NOTICE: To all MOTOR CARRIERS employing a driver with an SPE certificate. This
certificate is granted for the operation of the power unit only. It is the
responsibility of the employing motor carrier to evaluate the driver with a road
test using the trailer type(s) the motor carrier intends the driver to
transport, or in lieu of, accept the trailer road test done during the SPE if it
is a similar trailer type(s) to that of the prospective motor carrier. Also, it
is the responsibility of the employing motor carrier to evaluate the driver for
those non-driving safety-related job tasks associated with the type of
trailer(s) utilized, as well as, any other non-driving safety-related or
job-related tasks unique to the operations of the employing motor carrier.
The SPE of the above-named driver was given by an SPE Evaluator. It was
successfully completed utilizing the above-named power unit and ____ (trailer,
if applicable)
The tractor or truck had a ____ transmission.
Please read the NOTICE paragraph above.
Name:
Signature:
Title:
Date:
(k) FMCSA may revoke an SPE certificate after the person to whom it was issued
is given notice of the proposed revocation and has been allowed a reasonable
opportunity to appeal.
(l) Falsifying information in the letter of application, the renewal
application, or falsifying information required by this section by either the
applicant or motor carrier is prohibited.
[65 FR 25287, May 1, 2000, as amended at 65 FR 59380, Oct. 5, 2000; 67 FR 61824,
Oct. 2, 2002; 78 FR 58483, Sept. 24, 2013; 86 FR 57075, Oct. 14, 2021]
SUBPART F - FILES AND RECORDS
§ 391.51 GENERAL REQUIREMENTS FOR DRIVER QUALIFICATION FILES.
CROSS REFERENCE
Link to an amendment published at 87 FR 13209, Mar. 9, 2022.
(a) Each motor carrier shall maintain a driver qualification file for each
driver it employs. A driver's qualification file may be combined with his/her
personnel file.
(b) The qualification file for a driver must include:
(1) The driver's application for employment completed in accordance with §
391.21;
(2) A copy of the motor vehicle record received from each State record pursuant
to § 391.23(a)(1);
(3) The certificate of driver's road test issued to the driver pursuant to §
391.31(e), a copy of the license or certificate which the motor carrier accepted
as equivalent to the driver's road test pursuant to § 391.33, or the original of
the written statement providing that the motor carrier determined the driver is
not required by § 391.44(d) to complete a road test pursuant to §
391.44(d)(3)(ii)(A) and the original, or a copy, of the driver's certification
required by § 391.44(d)(3)(i);
(4) The motor vehicle record received from each State driver licensing agency to
the annual driver record inquiry required by § 391.25(a);
(5) A note relating to the annual review of the driver's driving record as
required by § 391.25(c)(2);
(6) A list or certificate relating to violations of motor vehicle laws and
ordinances required by § 391.27;
(7)
(i) The medical examiner's certificate as required by § 391.43(g) or a legible
copy of the certificate.
(ii) For CDL holders, beginning January 30, 2012, if the CDLIS motor vehicle
record contains medical certification status information, the motor carrier
employer must meet this requirement by obtaining the CDLIS motor vehicle record
defined at § 384.105 of this chapter. That record must be obtained from the
current licensing State and placed in the driver qualification file. After
January 30, 2015, a non-excepted, interstate CDL holder without medical
certification status information on the CDLIS motor vehicle record is designated
“not-certified” to operate a CMV in interstate commerce. After January 30, 2015,
and through June 22, 2025, a motor carrier may use a copy of the driver's
current medical examiner's certificate that was submitted to the State for up to
15 days from the date it was issued as proof of medical certification.
(iii) If that driver obtained the medical certification based on having obtained
a medical variance from FMCSA, the motor carrier must also include a copy of the
medical variance documentation in the driver qualification file in accordance
with § 391.51(b)(8);
(8) A Skill Performance Evaluation Certificate issued by FMCSA in accordance
with § 391.49; or the Medical Exemption document issued by a Federal medical
program in accordance with part 381 of this chapter; and
(9)
(i) For drivers not required to have a CDL, a note relating to verification of
medical examiner listing on the National Registry of Certified Medical Examiners
required by § 391.23(m)(1).
(ii) Through June 22, 2025, for drivers required to have a CDL, a note relating
to verification of medical examiner listing on the National Registry of
Certified Medical Examiners required by § 391.23(m)(2).
(c) Except as provided in paragraph (d) of this section, each driver's
qualification file shall be retained for as long as a driver is employed by that
motor carrier and for three years thereafter.
(d) The following records may be removed from a driver's qualification file
three years after the date of execution:
(1) The motor vehicle record received from each State driver licensing agency to
the annual driver record inquiry required by § 391.25(a);
(2) The note relating to the annual review of the driver's driving record as
required by § 391.25(c)(2);
(3) The list or certificate relating to violations of motor vehicle laws and
ordinances required by § 391.27;
(4) The medical examiner's certificate required by § 391.43(g), a legible copy
of the certificate, or for CDL drivers any CDLIS MVR obtained as required by §
391.51(b)(7)(ii);
(5) Any medical variance issued by FMCSA, including a Skill Performance
Evaluation Certificate issued in accordance with § 391.49; or the Medical
Exemption letter issued by a Federal medical program in accordance with part 381
of this chapter; and
(6) The note relating to verification of medical examiner listing on the
National Registry of Certified Medical Examiners required by § 391.23(m).
(Approved by the Office of Management and Budget under control number 2126-004)
[63 FR 33277, June 18, 1998, as amended at 66 FR 49874, Oct. 1, 2001; 69 FR
16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77
FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015;
83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019; 86 FR 32651, June 22,
2021; 86 FR 57076, Oct. 14, 2021; 87 FR 3419, Jan. 21, 2022]
§ 391.53 DRIVER INVESTIGATION HISTORY FILE.
(a) Each motor carrier must maintain records relating to the investigation into
the safety performance history of a new or prospective driver pursuant to §
391.23(d) and (e). This file must be maintained in a secure location with
controlled access.
(1) The motor carrier must ensure that access to this data is limited to those
who are involved in the hiring decision or who control access to the data. In
addition, the motor carrier's insurer may have access to the data, except the
alcohol and controlled substances data.
(2) This data must only be used for the hiring decision.
(b) The file must include:
(1) A copy of the driver's written authorization for the motor carrier to seek
information about a driver's alcohol and controlled substances history as
required under § 391.23(f)(1).
(2) A copy of the response(s) received for investigations required by paragraphs
(d) and (e) of § 391.23 from each previous employer, or documentation of good
faith efforts to contact them. The record must include the previous employer's
name and address, the date the previous employer was contacted, and the
information received about the driver from the previous employer. Failures to
contact a previous employer, or of them to provide the required safety
performance history information, must be documented.
(c) The safety performance histories received from previous employers for a
driver who is hired must be retained for as long as the driver is employed by
that motor carrier and for three years thereafter.
(d) A motor carrier must make all records and information in this file available
to an authorized representative or special agent of the Federal Motor Carrier
Safety Administration, an authorized State or local enforcement agency
representative, or an authorized third party, upon request or as part of any
inquiry within the time period specified by the requesting representative.
(Approved by the Office of Management and Budget under control number 2126-004)
[69 FR 16721, Mar. 30, 2004, as amended at 84 FR 51434, Sept. 30, 2019]
§ 391.55 LCV DRIVER-INSTRUCTOR QUALIFICATION FILES.
(a) Each motor carrier must maintain a qualification file for each LCV
driver-instructor it employs or uses. The LCV driver-instructor qualification
file may be combined with his/her personnel file.
(b) The LCV driver-instructor qualification file must include the information in
paragraphs (b)(1) and (b)(2) of this section for a skills instructor or the
information in paragraph (b)(1) of this section for a classroom instructor, as
follows:
(1) Evidence that the instructor has met the requirements of 49 CFR 380.301 or
380.303;
(2) A copy of the individual's currently valid CDL with the appropriate
endorsements.
[69 FR 16738, Mar. 30, 2004; 69 FR 28846, May 19, 2004; 83 FR 16227, Apr. 16,
2018]
SUBPART G - LIMITED EXEMPTIONS
§ 391.61 DRIVERS WHO WERE REGULARLY EMPLOYED BEFORE JANUARY 1, 1971.
The provisions of §§ 391.21 (relating to applications for employment), 391.23
(relating to investigations and inquiries), and 391.31 (relating to road tests)
do not apply to a driver who has been a single-employer driver (as defined in §
390.5 of this subchapter) of a motor carrier for a continuous period which began
before January 1, 1971, as long as he/she continues to be a single-employer
driver of that motor carrier.
[86 FR 57076, Oct. 14, 2021]
§ 391.62 LIMITED EXEMPTIONS FOR INTRA-CITY ZONE DRIVERS.
The provisions of §§ 391.11(b)(1) and 391.41(b)(1) through (b)(11) do not apply
to a person who:
(a) Was otherwise qualified to operate and operated a commercial motor vehicle
in a municipality or exempt intracity zone thereof throughout the one-year
period ending November 18, 1988;
(b) Meets all the other requirements of this section;
(c) Operates wholly within the exempt intracity zone (as defined in 49 CFR
390.5);
(d) Does not operate a vehicle used in the transportation of hazardous materials
in a quantity requiring placarding under regulations issued by the Secretary
under 49 U.S.C. chapter 51.; and
(e) Has a medical or physical condition which:
(1) Would have prevented such person from operating a commercial motor vehicle
under the Federal Motor Carrier Safety Regulations contained in this subchapter;
(2) Existed on July 1, 1988, or at the time of the first required physical
examination after that date; and
(3) The examining physician has determined this condition has not substantially
worsened since July 1, 1988, or at the time of the first required physical
examination after that date.
[61 FR 13346, Mar. 26, 1996; 61 FR 17253, Apr. 19, 1996]
§ 391.63 MULTIPLE-EMPLOYER DRIVERS.
CROSS REFERENCE
Link to an amendment published at 87 FR 13209, Mar. 9, 2022.
(a) If a motor carrier employs a person as a multiple-employer driver (as
defined in § 390.5 of this subchapter), the motor carrier shall comply with all
requirements of this part, except that the motor carrier need not -
(1) Require the person to furnish an application for employment in accordance
with § 391.21;
(2) Make the investigations and inquiries specified in § 391.23 with respect to
that person;
(3) Perform the annual driving record inquiry required by § 391.25(a);
(4) Perform the annual review of the person's driving record required by §
391.25(b); or
(5) Require the person to furnish a record of violations or a certificate in
accordance with § 391.27.
(b) Before a motor carrier permits a multiple-employer driver to drive a
commercial motor vehicle, the motor carrier must obtain his/her name, his/her
social security number, and the identification number, type and issuing State of
his/her commercial motor vehicle operator's license. The motor carrier must
maintain this information for three years after employment of the
multiple-employer driver ceases.
[63 FR 33278, June 18, 1998, as amended at 79 FR 59457, Oct. 2, 2014]
§ 391.64 GRANDFATHERING FOR CERTAIN DRIVERS WHO PARTICIPATED IN A VISION WAIVER
STUDY PROGRAM.
(a) [Reserved]
(b) Until March 22, 2023, the provisions of § 391.41(b)(10) do not apply to a
driver who was a participant in good standing on March 31, 1996, in a waiver
study program concerning the operation of commercial motor vehicles by drivers
with visual impairment in one eye; provided:
(1) The driver is physically examined every year, including an examination by an
ophthalmologist or optometrist attesting to the fact that the driver:
(i) Is otherwise qualified under § 391.41; and
(ii) Continues to measure at least 20/40 (Snellen) in the better eye.
(2) The driver provides a copy of the ophthalmologist or optometrist report to
the medical examiner at the time of the annual medical examination.
(3) The driver provides a copy of the annual medical certification to the
employer for retention in the driver's qualification file and retains a copy of
the certification on his/her person while driving for presentation to a duly
authorized federal, state or local enforcement official.
(4) On March 22, 2023, the provisions of paragraph (b) of this section are no
longer in effect, and any medical examiner's certificate issued under § 391.43
on the basis that the driver is qualified by operation of the provisions of
paragraph (b) of this section, related to drivers with visual impairment in one
eye, is void.
[61 FR 13346, Mar. 26, 1996, as amended at 83 FR 47521, Sept. 19, 2018; 87 FR
3419, Jan. 21, 2022; 87 FR 7756, Feb. 10, 2022]
§ 391.65 DRIVERS FURNISHED BY OTHER MOTOR CARRIERS.
(a) A motor carrier may employ a driver who is not a single-employer driver, as
defined in § 390.5, of that motor carrier without complying with the generally
applicable driver qualification file requirements in this part, if -
(1) The driver is a single-employer driver for another motor carrier; and
(2) That other motor carrier certifies that the driver is fully qualified to
drive a commercial motor vehicle in a written statement which -
(i) Is signed and dated by an officer or authorized employee of the motor
carrier that employs the single-employer driver;
(ii) Contains the driver's name and signature;
(iii) Certifies that the driver has been employed as a single-employer driver.
(iv) Certifies that the driver is fully qualified to drive a commercial motor
vehicle under the rules in part 391 of the Federal Motor Carrier Safety
Regulations;
(v) States the expiration date of the driver's medical examiner's certificate;
(vi) Specifies an expiration date for the certificate, which shall be not longer
than 2 years or, if earlier, the expiration date of the driver's current medical
examiner's certificate; and
(vii) Is substantially in accordance with the following form:
__________(Name of driver)
__________(SS No.)
__________(Signature of driver)
I certify that the above named driver, as defined in § 390.5, is a
single-employer driver driving a commercial motor vehicle operated by the below
named carrier and is fully qualified under part 391, Federal Motor Carrier
Safety Regulations. His/her current medical examiner's certificate expires on
___(Date).
This certificate expires:
(Date not later than expiration date of medical certificate)
Issued on___(date)
Issued by_____
(Name of carrier)
(Address)
(Signature)
(Title)
(b) A motor carrier that obtains a certificate in accordance with paragraph
(a)(2) of this section shall:
(1) Contact the motor carrier which certified the driver's qualifications under
this section to verify the validity of the certificate. This contact may be made
in person, by telephone, or by letter.
(2) Retain a copy of that certificate in its files for three years.
(c) A motor carrier which certifies a driver's qualifications under this section
shall be responsible for the accuracy of the certificate. The certificate is no
longer valid if the driver leaves the employment of the motor carrier which
issued the certificate or is no longer qualified under the rules in this part.
[41 FR 36656, Aug. 31, 1976, as amended at 53 FR 18057, May 19, 1988; 60 FR
38745, July 28, 1995; 63 FR 33278, June 18, 1998; 67 FR 61824, Oct. 2, 2002; 78
FR 58483, Sept. 24, 2013]
§ 391.67 FARM VEHICLE DRIVERS OF ARTICULATED COMMERCIAL MOTOR VEHICLES.
CROSS REFERENCE
Link to an amendment published at 87 FR 13209, Mar. 9, 2022.
The following rules in this part do not apply to a farm vehicle driver (as
defined in § 390.5 of this subchapter) who is 18 years of age or older and who
drives an articulated commercial motor vehicle:
(a) Section 391.11(b)(1), (b)(6) and (b)(8) (relating to general qualifications
of drivers);
(b) Subpart C (relating to disclosure of, investigation into, and inquiries
about the background, character, and driving record of drivers);
(c) Subpart D (relating to road tests); and
(d) Subpart F (relating to maintenance of files and records).
[63 FR 33278, June 18, 1998]
§ 391.68 PRIVATE MOTOR CARRIER OF PASSENGERS (NONBUSINESS).
CROSS REFERENCE
Link to an amendment published at 87 FR 13209, Mar. 9, 2022.
The following rules in this part do not apply to a private motor carrier of
passengers (nonbusiness) and its drivers:
(a) Section 391.11(b)(1), (b)(6) and (b)(8) (relating to general qualifications
of drivers);
(b) Subpart C (relating to disclosure of, investigation into, and inquiries
about the background, character, and driving record of, drivers);
(c) So much of §§ 391.41 and 391.45 as require a driver to be medically examined
and to have a medical examiner's certificate on his/her person; and
(d) Subpart F (relating to maintenance of files and records).
[63 FR 33278, June 18, 1998]
§ 391.69 PRIVATE MOTOR CARRIER OF PASSENGERS (BUSINESS).
The provisions of § 391.21 (relating to applications for employment), § 391.23
(relating to investigations and inquiries), and § 391.31 (relating to road
tests) do not apply to a driver who was a single-employer driver (as defined in
§ 390.5 of this subchapter) of a private motor carrier of passengers (business)
as of July 1, 1994, so long as the driver continues to be a single-employer
driver of that motor carrier.
[63 FR 33278, June 18, 1998]
§ 391.71 [RESERVED]
APPENDIX A TO PART 391 - MEDICAL ADVISORY CRITERIA
I. Introduction
This appendix contains the Agency's guidelines in the form of Medical Advisory
Criteria to help medical examiners assess a driver's physical qualification.
These guidelines are strictly advisory and were established after consultation
with physicians, States, and industry representatives, and, in some areas, after
consideration of recommendations from the Federal Motor Carrier Safety
Administration's Medical Review Board and Medical Expert Panels.
II. Interpretation of Medical Standards
Since the issuance of the regulations for physical qualifications of commercial
motor vehicle drivers, the Federal Motor Carrier Safety Administration has
published recommendations called Advisory Criteria to help medical examiners in
determining whether a driver meets the physical qualifications for commercial
driving. These recommendations have been condensed to provide information to
medical examiners that is directly relevant to the physical examination and is
not already included in the Medical Examination Report Form.
A. Loss of Limb: § 391.41(b)(1)
A person is physically qualified to drive a commercial motor vehicle if that
person: Has no loss of a foot, leg, hand or an arm, or has been granted a Skills
Performance Evaluation certificate pursuant to § 391.49.
B. Limb Impairment: § 391.41(b)(2)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: Has no impairment of:
(i) A hand or finger which interferes with prehension or power grasping; or
(ii) An arm, foot, or leg which interferes with the ability to perform normal
tasks associated with operating a commercial motor vehicle; or
(iii) Any other significant limb defect or limitation which interferes with the
ability to perform normal tasks associated with operating a commercial motor
vehicle; or
(iv) Has been granted a Skills Performance Evaluation certificate pursuant to §
391.49.
2. A person who suffers loss of a foot, leg, hand or arm or whose limb
impairment in any way interferes with the safe performance of normal tasks
associated with operating a commercial motor vehicle is subject to the Skills
Performance Evaluation Certificate Program pursuant to § 391.49, assuming the
person is otherwise qualified.
3. With the advancement of technology, medical aids and equipment modifications
have been developed to compensate for certain disabilities. The Skills
Performance Evaluation Certificate Program (formerly the Limb Waiver Program)
was designed to allow persons with the loss of a foot or limb or with functional
impairment to qualify under the Federal Motor Carrier Safety Regulations by use
of prosthetic devices or equipment modifications which enable them to safely
operate a commercial motor vehicle. Since there are no medical aids equivalent
to the original body or limb, certain risks are still present, and thus
restrictions may be included on individual Skills Performance Evaluation
certificates when a State Director for the Federal Motor Carrier Safety
Administration determines they are necessary to be consistent with safety and
public interest.
4. If the driver is found otherwise medically qualified (§ 391.41(b)(3) through
(13)), the medical examiner must check on the Medical Examiner's Certificate
that the driver is qualified only if accompanied by a Skills Performance
Evaluation certificate. The driver and the employing motor carrier are subject
to appropriate penalty if the driver operates a motor vehicle in interstate or
foreign commerce without a current Skill Performance Evaluation certificate for
his/her physical disability.
C. [Reserved]
D. Cardiovascular Condition: § 391.41(b)(4)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: Has no current clinical diagnosis of myocardial infarction, angina
pectoris, coronary insufficiency, thrombosis or any other cardiovascular disease
of a variety known to be accompanied by syncope, dyspnea, collapse or congestive
cardiac failure.
2. The term “has no current clinical diagnosis of” is specifically designed to
encompass: “a clinical diagnosis of” a current cardiovascular condition, or a
cardiovascular condition which has not fully stabilized regardless of the time
limit. The term “known to be accompanied by” is designed to include a clinical
diagnosis of a cardiovascular disease which is accompanied by symptoms of
syncope, dyspnea, collapse or congestive cardiac failure; and/or which is s
likely to cause syncope, dyspnea, collapse or congestive cardiac failure.
3. It is the intent of the Federal Motor Carrier Safety Regulations to render
unqualified, a driver who has a current cardiovascular disease which is
accompanied by and/or likely to cause symptoms of syncope, dyspnea, collapse, or
congestive cardiac failure. However, the subjective decision of whether the
nature and severity of an individual's condition will likely cause symptoms of
cardiovascular insufficiency is on an individual basis and qualification rests
with the medical examiner and the motor carrier. In those cases where there is
an occurrence of cardiovascular insufficiency (myocardial infarction,
thrombosis, etc.), it is suggested before a driver is certified that he or she
have a normal resting and stress electrocardiogram, no residual complications
and no physical limitations, and is taking no medication likely to interfere
with safe driving.
4. Coronary artery bypass surgery and pacemaker implantation are remedial
procedures and thus, not medically disqualifying. Implantable cardioverter
defibrillators are disqualifying due to risk of syncope. Coumadin is a medical
treatment which can improve the health and safety of the driver and should not,
by its use, medically disqualify the commercial motor vehicle driver. The
emphasis should be on the underlying medical condition(s) which require
treatment and the general health of the driver. The Federal Motor Carrier Safety
Administration should be contacted at (202) 366-4001 for additional
recommendations regarding the physical qualification of drivers on coumadin.
E. Respiratory Dysfunction: § 391.41(b)(5)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: Has no established medical history or clinical diagnosis of a
respiratory dysfunction likely to interfere with ability to control and drive a
commercial motor vehicle safely.
2. Since a driver must be alert at all times, any change in his or her mental
state is in direct conflict with highway safety. Even the slightest impairment
in respiratory function under emergency conditions (when greater oxygen supply
is necessary for performance) may be detrimental to safe driving.
3. There are many conditions that interfere with oxygen exchange and may result
in incapacitation, including emphysema, chronic asthma, carcinoma, tuberculosis,
chronic bronchitis and sleep apnea. If the medical examiner detects a
respiratory dysfunction, that in any way is likely to interfere with the
driver's ability to safely control and drive a commercial motor vehicle, the
driver must be referred to a specialist for further evaluation and therapy.
Anticoagulation therapy for deep vein thrombosis and/or pulmonary
thromboembolism is not medically disqualifying once optimum dose is achieved,
provided lower extremity venous examinations remain normal and the treating
physician gives a favorable recommendation.
F. Hypertension: § 391.41(b)(6)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: Has no current clinical diagnosis of high blood pressure likely to
interfere with ability to operate a commercial motor vehicle safely.
2. Hypertension alone is unlikely to cause sudden collapse; however, the
likelihood increases when target organ damage, particularly cerebral vascular
disease, is present. This regulatory criteria is based on the Federal Motor
Carrier Safety Administration's Cardiovascular Advisory Guidelines for the
Examination of commercial motor vehicle Drivers, which used the Sixth Report of
the Joint National Committee on Detection, Evaluation, and Treatment of High
Blood Pressure (1997).
3. Stage 1 hypertension corresponds to a systolic blood pressure of 140-159 mmHg
and/or a diastolic blood pressure of 90-99 mmHg. The driver with a blood
pressure in this range is at low risk for hypertension-related acute
incapacitation and may be medically certified to drive for a one-year period.
Certification examinations should be done annually thereafter and should be at
or less than 140/90. If less than 160/100, certification may be extended one
time for 3 months.
4. A blood pressure of 160-179 systolic and/or 100-109 diastolic is considered
Stage 2 hypertension, and the driver is not necessarily unqualified during
evaluation and institution of treatment. The driver is given a one-time
certification of three months to reduce his or her blood pressure to less than
or equal to 140/90. A blood pressure in this range is an absolute indication for
anti-hypertensive drug therapy. Provided treatment is well tolerated and the
driver demonstrates a blood pressure value of 140/90 or less, he or she may be
certified for one year from date of the initial exam. The driver is certified
annually thereafter.
5. A blood pressure at or greater than 180 (systolic) and 110 (diastolic) is
considered Stage 3, high risk for an acute blood pressure-related event. The
driver may not be qualified, even temporarily, until reduced to 140/90 or less
and treatment is well tolerated. The driver may be certified for 6 months and
biannually (every 6 months) thereafter if at recheck blood pressure is 140/90 or
less.
6. Annual recertification is recommended if the medical examiner does not know
the severity of hypertension prior to treatment. An elevated blood pressure
finding should be confirmed by at least two subsequent measurements on different
days.
7. Treatment includes nonpharmacologic and pharmacologic modalities as well as
counseling to reduce other risk factors. Most antihypertensive medications also
have side effects, the importance of which must be judged on an individual
basis. Individuals must be alerted to the hazards of these medications while
driving. Side effects of somnolence or syncope are particularly undesirable in
commercial motor vehicle drivers.
8. Secondary hypertension is based on the above stages. Evaluation is warranted
if patient is persistently hypertensive on maximal or near-maximal doses of 2-3
pharmacologic agents. Some causes of secondary hypertension may be amenable to
surgical intervention or specific pharmacologic disease.
G. Rheumatic, Arthritic, Orthopedic, Muscular, Neuromuscular or Vascular
Disease: § 391.41(b)(7)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: Has no established medical history or clinical diagnosis of rheumatic,
arthritic, orthopedic, muscular, neuromuscular or vascular disease which
interferes with the ability to control and operate a commercial motor vehicle
safely.
2. Certain diseases are known to have acute episodes of transient muscle
weakness, poor muscular coordination (ataxia), abnormal sensations
(paresthesia), decreased muscular tone (hypotonia), visual disturbances and pain
which may be suddenly incapacitating. With each recurring episode, these
symptoms may become more pronounced and remain for longer periods of time. Other
diseases have more insidious onsets and display symptoms of muscle wasting
(atrophy), swelling and paresthesia which may not suddenly incapacitate a person
but may restrict his/her movements and eventually interfere with the ability to
safely operate a motor vehicle. In many instances these diseases are
degenerative in nature or may result in deterioration of the involved area.
3. Once the individual has been diagnosed as having a rheumatic, arthritic,
orthopedic, muscular, neuromuscular or vascular disease, then he/she has an
established history of that disease. The physician, when examining an
individual, should consider the following: The nature and severity of the
individual's condition (such as sensory loss or loss of strength); the degree of
limitation present (such as range of motion); the likelihood of progressive
limitation (not always present initially but may manifest itself over time); and
the likelihood of sudden incapacitation. If severe functional impairment exists,
the driver does not qualify. In cases where more frequent monitoring is
required, a certificate for a shorter period of time may be issued.
H. Epilepsy: § 391.41(b)(8)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: Has no established medical history or clinical diagnosis of epilepsy or
any other condition which is likely to cause loss of consciousness or any loss
of ability to control a motor vehicle.
2. Epilepsy is a chronic functional disease characterized by seizures or
episodes that occur without warning, resulting in loss of voluntary control
which may lead to loss of consciousness and/or seizures. Therefore, the
following drivers cannot be qualified:
(i) A driver who has a medical history of epilepsy;
(ii) A driver who has a current clinical diagnosis of epilepsy; or
(ii) A driver who is taking antiseizure medication.
3. If an individual has had a sudden episode of a nonepileptic seizure or loss
of consciousness of unknown cause which did not require antiseizure medication,
the decision as to whether that person's condition will likely cause loss of
consciousness or loss of ability to control a motor vehicle is made on an
individual basis by the medical examiner in consultation with the treating
physician. Before certification is considered, it is suggested that a 6 month
waiting period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete neurological
examination. If the results of the examination are negative and antiseizure
medication is not required, then the driver may be qualified.
4. In those individual cases where a driver has a seizure or an episode of loss
of consciousness that resulted from a known medical condition (e.g., drug
reaction, high temperature, acute infectious disease, dehydration or acute
metabolic disturbance), certification should be deferred until the driver has
fully recovered from that condition and has no existing residual complications,
and not taking antiseizure medication.
5. Drivers with a history of epilepsy/seizures off antiseizure medication and
seizure-free for 10 years may be qualified to drive a commercial motor vehicle
in interstate commerce. Interstate drivers with a history of a single unprovoked
seizure may be qualified to drive a commercial motor vehicle in interstate
commerce if seizure-free and off antiseizure medication for a 5-year period or
more.
I. Mental Disorders: § 391.41(b)(9)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: Has no mental, nervous, organic or functional disease or psychiatric
disorder likely to interfere with ability to drive a motor vehicle safely.
2. Emotional or adjustment problems contribute directly to an individual's level
of memory, reasoning, attention, and judgment. These problems often underlie
physical disorders. A variety of functional disorders can cause drowsiness,
dizziness, confusion, weakness or paralysis that may lead to incoordination,
inattention, loss of functional control and susceptibility to accidents while
driving. Physical fatigue, headache, impaired coordination, recurring physical
ailments and chronic “nagging” pain may be present to such a degree that
certification for commercial driving is inadvisable. Somatic and psychosomatic
complaints should be thoroughly examined when determining an individual's
overall fitness to drive. Disorders of a periodically incapacitating nature,
even in the early stages of development, may warrant disqualification.
3. Many bus and truck drivers have documented that “nervous trouble” related to
neurotic, personality, or emotional or adjustment problems is responsible for a
significant fraction of their preventable accidents. The degree to which an
individual is able to appreciate, evaluate and adequately respond to
environmental strain and emotional stress is critical when assessing an
individual's mental alertness and flexibility to cope with the stresses of
commercial motor vehicle driving.
4. When examining the driver, it should be kept in mind that individuals who
live under chronic emotional upsets may have deeply ingrained maladaptive or
erratic behavior patterns. Excessively antagonistic, instinctive, impulsive,
openly aggressive, paranoid or severely depressed behavior greatly interfere
with the driver's ability to drive safely. Those individuals who are highly
susceptible to frequent states of emotional instability (schizophrenia,
affective psychoses, paranoia, anxiety or depressive neuroses) may warrant
disqualification. Careful consideration should be given to the side effects and
interactions of medications in the overall qualification determination.
J. [Reserved]
K. Hearing: § 391.41(b)(11)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: First perceives a forced whispered voice in the better ear at not less
than 5 feet with or without the use of a hearing aid, or, if tested by use of an
audiometric device, does not have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American National
Standard (formerly ADA Standard) Z24.5-1951.
2. Since the prescribed standard under the Federal Motor Carrier Safety
Regulations is from the American National Standards Institute, formerly the
American Standards Association, it may be necessary to convert the audiometric
results from the International Organization for Standardization standard to the
American National Standards Institute standard. Instructions are included on the
Medical Examination Report Form.
3. If an individual meets the criteria by using a hearing aid, the driver must
wear that hearing aid and have it in operation at all times while driving. Also,
the driver must be in possession of a spare power source for the hearing aid.
4. For the whispered voice test, the individual should be stationed at least 5
feet from the medical examiner with the ear being tested turned toward the
medical examiner. The other ear is covered. Using the breath which remains after
a normal expiration, the medical examiner whispers words or random numbers such
as 66, 18, 3, etc. The medical examiner should not use only sibilants (s
sounding materials). The opposite ear should be tested in the same manner.
5. If the individual fails the whispered voice test, the audiometric test should
be administered. If an individual meets the criteria by the use of a hearing
aid, the following statement must appear on the Medical Examiner's Certificate
“Qualified only when wearing a hearing aid.”
L. Drug Use: § 391.41(b)(12)
1. A person is physically qualified to drive a commercial motor vehicle if that
person does not use any drug or substance identified in 21 CFR 1308.11, an
amphetamine, a narcotic, or other habit-forming drug. A driver may use a
non-Schedule I drug or substance that is identified in the other Schedules in 21
CFR part 1308 if the substance or drug is prescribed by a licensed medical
practitioner who:
(i) Is familiar with the driver's medical history, and assigned duties; and
(ii) Has advised the driver that the prescribed substance or drug will not
adversely affect the driver's ability to safely operate a commercial motor
vehicle.
2. This exception does not apply to methadone. The intent of the medical
certification process is to medically evaluate a driver to ensure that the
driver has no medical condition which interferes with the safe performance of
driving tasks on a public road. If a driver uses an amphetamine, a narcotic or
any other habit-forming drug, it may be cause for the driver to be found
medically unqualified. If a driver uses a Schedule I drug or substance, it will
be cause for the driver to be found medically unqualified. Motor carriers are
encouraged to obtain a practitioner's written statement about the effects on
transportation safety of the use of a particular drug.
3. A test for controlled substances is not required as part of this biennial
certification process. The Federal Motor Carrier Safety Administration or the
driver's employer should be contacted directly for information on controlled
substances and alcohol testing under Part 382 of the FMCSRs.
4. The term “uses” is designed to encompass instances of prohibited drug use
determined by a physician through established medical means. This may or may not
involve body fluid testing. If body fluid testing takes place, positive test
results should be confirmed by a second test of greater specificity. The term
“habit-forming” is intended to include any drug or medication generally
recognized as capable of becoming habitual, and which may impair the user's
ability to operate a commercial motor vehicle safely.
5. The driver is medically unqualified for the duration of the prohibited
drug(s) use and until a second examination shows the driver is free from the
prohibited drug(s) use. Recertification may involve a substance abuse
evaluation, the successful completion of a drug rehabilitation program, and a
negative drug test result. Additionally, given that the certification period is
normally two years, the medical examiner has the option to certify for a period
of less than 2 years if this medical examiner determines more frequent
monitoring is required.
M. Alcoholism: § 391.41(b)(13)
1. A person is physically qualified to drive a commercial motor vehicle if that
person: Has no current clinical diagnosis of alcoholism.
2. The term “current clinical diagnosis of” is specifically designed to
encompass a current alcoholic illness or those instances where the individual's
physical condition has not fully stabilized, regardless of the time element. If
an individual shows signs of having an alcohol-use problem, he or she should be
referred to a specialist. After counseling and/or treatment, he or she may be
considered for certification.
[80 FR 22822, Apr. 23, 2015, as amended at 83 FR 47521, Sept. 19, 2018; 87 FR
3419, Jan. 21, 2022]
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