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Driver Qualification

Motor carriers must ensure that all drivers of commercial motor vehicles meet the minimum qualifications specified in Part 391 of the Federal Motor Carrier Safety Regulations. (FMCSR) According to the FMCSR, a driver must meet the following minimum requirements:

  • Be in good health and physically able to perform all duties of a driver.
  • At least 21 years of age
  • Speak and read English well enough to converse with the general public, understand highway traffic and signals, respond to official questions, and able to make legible entries on reports and records.
  • Able to drive the vehicle safely
  • Know how to safely load and properly block, brace, and secure cargo
  • Have a currently valid commercial motor vehicle operator’s license issued only by one state or jurisdiction.
  • Provide an employing motor carrier with a list of all motor vehicle violations or a signed statement that driver has not been convicted of any motor vehicle violations during the past 12 months. A disqualified driver must not be allowed to drive a commercial motor vehicle for any reason.
  • Pass a driver’s road test or equivalent.
  • Complete an application for employment.
  • Possess a valid medical certificate.

We recommend even more stringent driver requirements, including;

  • A minimum age requirement of 24 years old. The National Training Systems Associations (NTSA) studies show that commercial truck drivers between the ages of 21 and 23 have the highest incidence of fatal accidents of any age group.
  • Annual physicals. There is no upper age limit set by the Department of Transportation (DOT), but as driver’s age, their reflexes, vision and stamina all decline. Sentry recommends drivers over theage of 65 be required to undergo and annual physical rather than the bi-annual requirement set by the DOT.
  • Qualified drivers. DOT does not set minimum experience requirement. Sentry advises that a driver should have at least three years of verifiable, comparable driving experience. Driver trainees may be considered if they are at least 23 years old, have graduated from a Professional truck Drivers Institute-approved driver training school, and have a good driving record.
  • No more than four moving violations in the most recent three-year period. This same criterion should apply to retaining current drivers.
  • A clean record. Any misdemeanor or felony convictions such as DWI/DUI reckless driving, drag racing, or leaving the scene of an accident should be considered disqualifying offenses.

Driver Qualification File
Every motor carrier must have a qualification file for each regularly employed driver.The file must include:

  • Driver’s application for employment – 49CFR 391.21

A person will not be allowed to drive a commercial motor vehicle unless he/she has completed & signed an application for employment.

  • Inquiry to previous employers – 3 Years – 49CFR 391.23 (a) (2) & (c)

An investigation of the driver’s employment record during the preceding three years. This investigation must be made within 30 years of the date his/her employment begins.

  • Inquiry to state agencies – 3 Years – 49CFR 391.23 (a) (1) & (b)

The driver’s driving record for the preceding three years.

  • Annual review of driving record – 49CFR 391.25 (b) & (c)

At least once every 12 months, a motor carrier must review the driving record of each driver. A note stating the results of this review shall be included in the Driver’s Qualification File.

  • Annual driver’s certification of violations – 49CFR 391.27

At least once every 12 months, a motor carrier must require each driver to prepare and furnish it with a list of all violations of motor vehicle traffic laws and ordinances during the previous 12 months. Note: Drivers who have provided information required by Section 383.31 need not repeat that information in this annual list of violations.

  • Driver’s road test certificate of equivalent – 49CFR 391.31

A person must not be allowed to drive a commercial motor vehicle until he/she has successfully completed a road test and has been issued a certificate, or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver’s road test pursuant to section

  • Medical Examinations – 49CFR 391.43

The driver must pass a medical examination conducted by a licensed health care professional. A driver must be issued a Medical Examiner’s Certificate, which must be carried at all times and renewed every two years.
Examples of physical requirements (Section 391.41 provides the complete list of physical requirements):

  • Has no loss of a foot, a leg, a hand or an arm
  • Has no established medical history or clinical diagnosis of diabetes requiring insulin for control
  • Has no clinical diagnosis of any disqualifying heart disease
  • Has no clinical diagnosis of high blood pressure
  • Has no clinical diagnosis of epilepsy
  • Has 20/40 vision or better with corrected lenses
  • Has distant binocular acuity of at least 20/40 in both eyes.
  • Has the ability to recognize the colors (red,green, and amber) of traffic signals
  • Has hearing to perceive a forced whisper
  • Has no history of drug (Schedule 1) use or any other substance identified in Appendix D
  • Has no clinical diagnosis of alcoholism

Exemptions
There are provisions for an exemption to a disqualification for certain physical defects if the individual is otherwise qualified to drive.
Additional Instructions for Medical Examination
Additional instructions for the examining doctor are available from:

  • Director, Office of Bus and Truck Standards and Operations
  • Federal Motor Carrier Safety Administration
  • 400 Seventh Street S.W. (MC-PS)
  • Washington, DC 20590

Limited Exemptions
Drivers who have been regular employees of a motor carrier for a continuous period that began before January 1, 1971, are exempt from these recordkeeping requirements:

  • Application for Employment
  • Road Test

Multiple-Employer Drivers

  • If a motor carrier employs a person as a driver on any basis, the motor carier must have on file the driver’s name, Social Security number, identification number, type, issuing state of his/her motor vehicle operator’s license, medical certificate, road test, and certificate and controlled substance test results, even if that driver’s primary employment is with another carrier.

Drivers Furnished By Other Motor Carriers
A motor carrier using a driver regularly employed by another motor carrier must have on file a signed written certificate that includes the driver’s name and signature, certification of the driver’s qualifications and expiration date of the driver’s medical examiner’s certificate. Compliance with drug and alcohol program requirements is also required.

Source: Sentry Insurance