§ 391.63 Multiple-employer drivers.
Current wording, effective May 9, 2022.
(a) If a motor carrier employs a person whoas is not a regularlymultiple-employer employed driver (as defined in § 390.5 of this subchapter) to drive a commercial motor vehicle for a single trip or on an intermittent, casual, or occasional basis, 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 review of the person's driving record inquiry required by § 391.25(a); or
(4) RequirePerform the personannual toreview furnish a record of violationsthe orperson's adriving certificaterecord inrequired accordanceby with § 391.2725(b).
(b) Before a motor carrier permits a personmultiple-employer describeddriver in paragraph (a) of this section to drive a commercial motor vehicle, the motor carrier must obtain his/herthe driver's name, his/herthe driver's social security number, and the identification number, type, and issuing Statedriver's licensing authority of his/herthe driver's commercial motor vehicle operator's license. The motor carrier must retainmaintain thatthis information in its files for 3three years after the person's employment byof the motormultiple-employer carrierdriver ceases.
[3563 FR 646033278, Apr.June 2218, 19701998, as amended at 5379 FR 1805759457, MayOct. 192, 19882014; 6087 FR 3874513209, JulyMar. 289, 19952022]
(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); or
(4) Perform the annual review of the person's driving record required by § 391.25(b).
(b) Before a motor carrier permits a multiple-employer driver to drive a commercial motor vehicle, the motor carrier must obtain the driver's name, the driver's social security number, and the identification number, type, and issuing driver's licensing authority of the driver's 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; 87 FR 13209, Mar. 9, 2022]
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [63 FR 33278, June 18, 1998, as amended at 79 FR 59457, Oct. 2, 2014; 87 FR 13209, Mar. 9, 2022]
- [63 FR 33278, June 18, 1998, as amended at 79 FR 59457, Oct. 2, 2014]
- [63 FR 33278, June 18, 1998, as amended at 79 FR 59457, Oct. 2, 2014]
- [63 FR 33278, June 18, 1998]
- Oct. 1, 1996 → Oct. 1, 1998annual edition 1996[35 FR 6460, Apr. 22, 1970, as amended at 53 FR 18057, May 19, 1988; 60 FR 38745, July 28, 1995]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.