Search the FMCSRs
§ 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 L…
§ 391.51 General requirements for driver qualification files. (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 fo…
- § 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.Part 391
…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 physic…
…(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 act…
…this section and must maintain a copy of the certificate in the individual's Driver Qualification file. (e) An applicant may be grandfathered under this section only during the year following June 1, 2004.
§ 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…
…authority 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 a driver's…
…of the Driver-Training Certificate to his/her employer to be filed in the Driver Qualification File.
…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…
§ 386.13 Petitions to review and request for hearing: Driver qualification proceedings. (a) Within 60 days after service of the determination under § 391.47 of this chapter or the letter of disqualification, the driver or carrier may petition to review such ac…
…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…
- Appendix A to Subpart B of Part 395Appendix A to Subpart B of Part 395—Functional Specifications for All Electronic Logging Devices (ELDs)Part 395
…Data Type: Motor carrier configured and maintained parameter in accordance with the qualification requirements listed in § 395.1. Data Range: E (exempt) or 0 (number zero). Data Length: 1 character. Data Format: <Exempt Driver Configuration> as in <C>. Disposi…
…motor carrier to reevaluate its safety rating. Documents such as those contained in driver qualification files, records of duty status, vehicle maintenance records, and other records are thoroughly examined for compliance with the FMCSRs and HMRs. Violations a…
§ 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…
- Appendix A to Part 390Appendix A to Part 390—Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of PassengersPart 390
…These regulations set minimum safety standards for motor carriers, vehicles, and drivers operating in interstate commerce. The areas covered include motor carrier registration, financial responsibility requirements, driver qualifications, licensing, hours of d…
…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, t…
…expects to operate. (3) The person must certify that he/she is not subject to any disqualification under § 383.51, or any license disqualification under State law, and that he/she does not have a driver's license from more than one State or jurisdiction. (4) T…
…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 o…
…evidence of training required by this section, and a copy is placed in his or her qualification file (see § 391.51 of this subchapter), showing: (i) The driver's name and operator's license number; (ii) The dates training was provided; (iii) The name and addre…
…the applicant's driving record to ensure that the person is not subject to any disqualification under § 383.51, or any license disqualification under State law, and does not have a driver's license from more than one State or jurisdiction. The record check mus…
…applicable; (ii) Driver's location description, when prompted by the ELD; and (iii) Output file comment, when directed by an authorized safety officer. (2) A driver must manually input or verify the following information on the ELD: (i) Commercial motor vehicl…
…provides BTW training involving the actual operation of a CMV by an entry-level driver on a range or a public road and meets one of these qualifications: (1) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for w…
- § 387.323Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations.Part 387
…certificates of insurance, endorsements, surety bonds, trust fund agreements, proof of qualification to self-insure or other insurance filings. [80 FR 63710, Oct. 21, 2015] Effective Date Note: At 82 FR 5308, Jan. 17, 2017, § 387.323 was suspended, effective J…
…Driver physical conditions. (1) Intrastate drivers who do not meet the physical qualification standards in § 391.41 of this subchapter may continue to be qualified to operate a CMV in intrastate commerce if: (i) The driver was qualified under existing State la…
§ 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 sect…
…minimum requirements for operators of longer combination vehicles (LCVs) and LCV driver-instructors. (b) Scope. This part establishes: (1) Minimum training requirements for operators of LCVs; (2) Minimum qualification requirements for LCV driver-instructors; a…
…this part. The areas for review include, but are not limited to, the following: (a) Driver qualification; (b) Driver duty status; (c) Vehicle maintenance; (d) Accident register; and (e) Controlled substances and alcohol use and testing requirements.
…guidance in the form of Medical Advisory Criteria to help medical examiners assess a driver's physical qualification. These recommendations and guidance are strictly advisory and do not have the force and effect of law. They were established after consideratio…
- § 369.2Classification of carriers—for-hire, non-exempt motor carriers of property, household goods carriers, and dual property carriers.Part 369
…private carriage, compensated intercorporate hauling, and leasing vehicles with drivers to private carriers) after applying the revenue deflator formula in Note A. Upward and downward classification will be effective as of January 1 of the year immediately fol…
…financial loss as a result of such disclosure. (b) Complaint of harassment. (1) A driver alleging a violation of § 390.36(b)(1) of this subchapter (harassment) must file a written complaint with FMCSA stating the substance of the alleged harassment by a motor…
…(3) Utilize vehicles that meet the criteria set forth in § 380.711; (4) Utilize driver training instructors that meet the criteria set forth in § 380.713; (5)(i) Be licensed, certified, registered, or authorized to provide training in accordance with the appli…
…commercial driver's license, as applicable, as required in 380.707(a). (3) Instructor qualification documentation indicating driving and/or training experience, as applicable, for each instructor and copies of commercial driver's licenses and applicable endors…
- § 390.44Correcting the safety record of a motor carrier or an intermodal equipment provider.Part 390
…safety fitness determination of a motor carrier (unless there is evidence that the driver or motor carrier caused or substantially contributed to the violations) because the driver could not readily detect these violations during a pre-trip inspection performe…
…to violate a regulation described in paragraph (a)(1) or (2) of this section may file a written complaint under § 386.12(c) of this subchapter. (2) A complaint under paragraph (b)(1) of this section shall describe the action that the driver claims constitutes…
§ 390.36 Harassment of drivers prohibited. (a) Harass or harassment defined. As used in this section, harass or harassment means an action by a motor carrier toward a driver employed by the motor carrier (including an independent contractor while in the course…
…exceed one year in duration. The driver, or a representative on his/her behalf, may file an appeal of the disqualification issued by the Assistant Administrator's delegate with the Assistant Administrator, Adjudications Counsel (MC-CC), Federal Motor Carrier S…
…the driver history record or be linked to the driver history record in a separate file. [76 FR 26892, May 9, 2011]
§ 382.307 Reasonable suspicion testing. (a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning alcohol. The em…
…photograph or black and white laser engraved photograph must either be made part of the driver history or be linked to the driver history in a separate file. (b) Check the digital color image or photograph or black and white laser engraved photograph on record…
…self-certification to intrastate only, if the driver qualifies under that State's physical qualification requirements for intrastate only; (3) A State allows the driver to change his or her certification to intrastate, but operating exclusively in transportati…
…road in commerce, each employer shall test for alcohol for each of its surviving drivers: (1) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation within 8 ho…
- § 391.46Physical qualification standards for an individual with diabetes mellitus treated with insulin for control.Part 391
§ 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 op…
…and records, such as drivers' hours of service, maintenance and inspection, driver qualification, commercial driver's license requirements, financial responsibility, crashes, hazardous materials, and other safety and transportation records, to determine whethe…
§ 386.11 Commencement of proceedings. (a) Driver qualification proceedings. These proceedings are commenced by the issuance of a determination by FMCSA, in a case arising under § 391.47 of this chapter or by the issuance of a letter of disqualification. (1) Su…
…repository for original copies of all documents filed before the Agency Decisionmaker. Driver qualification proceeding means a proceeding commenced under 49 CFR 391.47 or by issuance of a letter of disqualification. Federal Motor Carrier Commercial Regulations…
…operations, such as drivers' hours of service, maintenance and inspection, driver qualification, commercial driver's license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whethe…
…during CDL skills tests to compare pass/fail results; or (iii) Re-test a sample of drivers who were examined by the third party to compare pass/fail results; (6) The State must take prompt and appropriate remedial action against a third-party tester that fails…
§ 398.3 Qualifications of drivers or operators. (a) Compliance required. Every motor carrier, and its officers, agents, representatives and employees who drive motor vehicles or are responsible for the hiring, supervision, training, assignment or dispatching o…
- Appendix to Subpart H of Part 385Appendix to Subpart H of Part 385—Explanation of Pre-Authorization Safety Audit Evaluation Criteria for Non-North America-Domiciled Motor CarriersPart 385
…U.S. safety rules. (c) Documents such as those contained in driver qualification files, records of duty status, vehicle maintenance records, drug and alcohol testing records, and other records are reviewed for compliance with the FMCSRs and HMRs. Violations ar…
…provided by those employees, and who initiates and completes the CCF. Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse). A database, administered by the Federal Motor Carrier Safety Administration, containing records of commercial moto…