§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 in this part, if — (1) The driver is a single-employer driver for another motor carrier; and |
(2) That other motor carrier certifies that the driver is fully qualified to drive a commercial motor vehicle in a written statement which — (i) Is signed and dated by an officer or authorized employee of the motor carrier that employs the single-employer driver; |
(ii) Contains the driver's name and signature; |
(iii) Certifies that the driver has been employed as a single-employer driver. |
(iv) Certifies that the driver is fully qualified to drive a commercial motor vehicle under the rules in part 391 of the Federal Motor Carrier Safety Regulations; |
(v) States the expiration date of the driver's medical examiner's certificate; |
(vi) Specifies an expiration date for the certificate, which shall be not longer than 2 years or, if earlier, the expiration date of the driver's current medical examiner's certificate; and |
(vii) Is substantially in accordance with the following form: __________(Name of driver) __________(SS No.) __________(Signature of driver) I certify that the above named driver, as defined in §390.5, is a single-employer driver driving a commercial motor vehicle operated by the below named carrier and is fully qualified under part 391, Federal Motor Carrier Safety Regulations. His/her current medical examiner's certificate expires on ___(Date). This certificate expires: (Date not later than expiration date of medical certificate) Issued on___(date) Issued by_____ (Name of carrier) (Address) (Signature) (Title)
Visit www.dotcfr.com to download a full-size PDF of this form
|
|
|
(b) A motor carrier that obtains a certificate in accordance with paragraph (a)(2) of this section shall: (1) Contact the motor carrier which certified the driver's qualifications under this section to verify the validity of the certificate. This contact may be made in person, by telephone, or by letter. |
(2) Retain a copy of that certificate in its files for three years. |
|
(c) A motor carrier which certifies a driver's qualifications under this section shall be responsible for the accuracy of the certificate. The certificate is no longer valid if the driver leaves the employment of the motor carrier which issued the certificate or is no longer qualified under the rules in this part. |
[41 FR 36656, Aug. 31, 1976, as amended at 53 FR 18057, May 19, 1988; 60 FR 38745, July 28, 1995; 63 FR 33278, June 18, 1998; 67 FR 61824, Oct. 2, 2002; 78 FR 58483, Sept. 24, 2013]
§391.65 — DOT Regulatory Guidance
Question 1: May a nonmotor carrier which owns a CMV prepare the qualification certificate provided for in §391.65? Guidance: No, only a motor carrier which regularly employs a driver may issue the required certification.
Question 2: May the certificate of qualification as prescribed by §391.65 be incorporated into another carrier's forms such as a lease and/or interchange agreement? Guidance: Yes. However, the certificate of qualification must be signed and dated by an officer or authorized employee of the regularly employing carrier.
Question 3: Is a motor carrier required to accept a certificate from the driver's regularly employing motor carrier certifying that the driver is qualified per §391.65? Guidance: No. If the motor carrier chooses not to accept the certificate issued by the regularly employing motor carrier furnishing the driver, the motor carrier must then assume responsibility for assuring itself that the driver is fully qualified in accordance with part 391.
Question 4: If a driver furnished by another motor carrier is in the second carrier's service for a period of 7 consecutive days or more, may the driver still fall under the exemption in §391.65? Guidance: No. The driver becomes a regularly employed driver of the second motor carrier and the exemption in §391.65 is inapplicable.