All Drivers Must Be Qualified
The Federal Motor Carrier Safety Administration (FMCSA) requires that anyone who operates a motor carrier's commercial vehicle on the road be "qualified" under Part 391 by the carrier. Part 391 requires the driver to:
- Complete an employment application for the carrier that asks all the questions required in §391.21.
- Pass a physical and provide the carrier with a copy of the medical certificate.
- Submit a Certificate of Violations disclosing all traffic violations to his/her employer annually.
Part 391 requires the carrier to:
- Make sure that the driver meets the qualification requirements listed in §391.11 and that the driver is not disqualified under §391.15.
- Conduct a background check, including an MVR check and checking the driver's safety performance history (if the applicant has listed any DOT regulated past employers on the application).
- Road test the driver (or document the equivalent that was accepted in place of conducting the road test).
- Annually review the driver's safety performance.
- Maintain a driver qualifications file to prove that the driver is qualified.
If the driver operates a vehicle requiring a CDL to operate, there are additional requirements - the driver must have the correct license and endorsements, and be participating in the drug and alcohol testing program.
While most carriers are familiar with these rules, problems occur when they do not understand who they apply to. Part 391 requires that companies qualify all drivers that operate commercial vehicles under their DOT number. This includes leased independent contractors (owner-operators), casual drivers, part-time drivers, relief drivers, and mechanics that road test or shuttle equipment.
What about someone else's drivers or mechanics; can they drive my trucks?
The short answer is yes, they can, provided you have qualified them as drivers for your company. You do not have to "hire" them and give them a paycheck, but you will need to have a DQ file on them. In some cases (such as a mechanic from an outside truck shop or a driver form another company) you may be able to use the "multiple-employer" provisions in §391.63 (provided the other company has qualified the driver).
If the driver is not qualified as a driver with your company, or you do not want to qualify the driver, the only other option would be to lease the truck to the other company involved and let them operate it under their DOT number (the other company becomes responsible for the driver qualifications in this case). If the other party does not have a DOT number, then everything comes back to yours, and you will need to qualify the driver.
No exceptions for ‘short movements'
There are no exceptions in the regulations that allow you to "let" a driver that you have not qualified to operate your commercial vehicles, no matter how "short" the trip might be or how infrequently the driver actual drives for you. Having a driver that you did not qualify "shuttling" your commercial vehicles across the street (or from your facility to a maintenance facility) can lead to fines (or worse, being sued after an accident).
Source: JJ Keller
