 |
§391.11 — General qualifications of drivers (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 |
|
[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] §391.11 — DOT Regulatory Guidance Question 1: Is there a maximum age limit for driving in interstate commerce? Guidance: The FMCSRs do not specify any maximum age limit for drivers.
Question 2: Does the age requirement in §391.11(b)(1) apply to CMV drivers involved entirely in intrastate commerce? Guidance: No. Neither the CDL requirements in part 383 nor the FMCSRs in parts 390-399 require drivers engaged purely in intrastate commerce to be 21 years old. The States may set lower age thresholds for intrastate drivers.
Question 3: What effect does the Age Discrimination in Employment Act have on the minimum age requirement for an interstate driver? Guidance: None. The Age Discrimination in Employment Act, 29 U.S.C. 621-634, recognizes an exception when age is a bona fide occupational qualification. 29 U.S.C. 623(f)(1).
Question 4: May a motor carrier be exempt from driver qualification requirements by hiring a driver leasing company or temporary help service? Guidance: No. The FMCSRs apply to, and impose responsibilities on, motor carriers and their drivers. The FHWA does not regulate driver leasing companies or temporary help service companies.
Question 5: May a motor carrier lawfully permit a person not yet qualified as a driver in accordance with §391.11 to operate a vehicle in interstate commerce for the purpose of attending a training and indoctrination course in the operation of that specific vehicle? Guidance: No. If the trip is in interstate commerce, the driver must be fully qualified to operate a CMV.
Question 6: Does the Military Selective Service Act of 1967 require a motor carrier to place a returning veteran in his/her previous position (driving interstate) even though he/she fails to meet minimum physical standards? Guidance: No. The Act does not require a motor carrier to place a returning veteran who does not meet the minimum physical standards into his/her previous driving position. The returning veteran must meet the physical requirements and obtain a medical examiner's certificate before driving in interstate operations.
Question 7: Would a driver who fails to meet the hearing standard under 49 CFR 391.41(b)(11) but has obtained an exemption from that requirement, be considered unqualified under the English language proficiency requirement in 49 CFR 391.11(b)(2) if the driver cannot communicate orally in English? Guidance: No, if the hearing impaired driver with an exemption is capable of reading and writing in the English language. In that circumstance, the hearing impaired driver satisfies the English language requirement. The absence of an ability to speak in English is not an indication that the individual cannot read and write in English sufficiently to communicate 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.
|