Attachment C - Part 391—Qualifications of Drivers; Part 392—Driving of Motor Vehicles; Miscellaneous Amendments (35 FR 6458, April 22, 1970)

6458

RULES AND REGULATIONS

Title 49 TRANSPORTATION
Chapter Ill—Federal Highway Administration, Department of Transportation
SURCHAFTER 11—MOTOR CARRIER SAFETY
REGULATIONS

[Docket No. MC-7; Notice 70-15f

PART 391—QUALIFICATIONS OF
DRIVERS
PART 392—DRIVING OF MOTOR
VEHICLES
Miscellaneous Amendments
On June 2, 1989, the Federal Highway
Administrator announced that he was
considering a complete substantive and
editorial revision of Part 391 of the
Motor Carrier Safety Regulations (34
F.R. 0080). Part 391 deals with qualifications of drivers of commercial motor
vehicles operating in interstate or foreign commerce. Interested persons were
invited to submit comments on the proposed rules by the close of business on
September 3, 1989. The closing date for
comments was later extended to October 6, 1969 (34 F.R. 13610).
Some 10.000 filings, representing the
views of approximately 14,000 named
parties, were received. These comments
have been carefully considered. As will
appear more fully below, several changes
in the regulations have been made, in
response to problems and issues raised
by respondents.
In the main, however, the Administrator has adhered to the belief that a complete revision of the driver qualification
rules is necessary and appropriate at this
time. He remains convinced that the
public interest in motor vehicle safety
requires upgrading the training and ability of drivers, hiring as drivers only persons whose records demonstrate their
capability for safe operation of heavy
vehicles, and insuring that drivers of
modern, more complex vehicles can
safely withstand the increased physical
and mental demands that their occupation now imposes. Therefore, the Administrator does not agree with the contentions that any Federal regulations setting
forth more stringent minimum qualifications for drivers of commercial vehicles
are unlikely to prove effective.
A number of respondents argued that
the proposal to revise Part 391 in its
entirety placed undue emphasis on the
driver as a causal element in highway
accidents. The Administrator realizes, of
course, that there are many factors
which contribute to the dismal toll of
deaths, injuries, and property damage.
He fully intends to continue to cover as
many of them as his authority permits.
However, it cannot reasonably be denied
that adherence to improved driver quailfication rules will play a vital part in the
overall effort to improve motor vehicle
safety. After carefully considering the
available evidence, both in docket comments and elsewhere, the Administrator
remains convinced that his statement in
the preamble to the proposed rules (34
P.R. 9081) still holds true:

Accident experience in recent years has
demonstrated that reduction of the effects
of organic and physical disorders, emotional
impairments, and other limitations of the
good health of drivers are increasingly important factors in accident prevention. Technological advances in equipment and highway engineering, together with increased
knowledge in the areas of highway safety
and the various skills that today's commercial motor vehicle drivers must possess, make
it necessary that criteria for determining
whether individuals are qualified to drive
commerci-o motor vehicles be upgraded. The
mobility of the modern labor force requires
access to more information by which a potential driver's ability, training, mental attitude,
and experience in the operation of commercial motor vehicles can be determined. Medical advances. Improved diagnostic techniques,
and modern man's increased exposure to
physical hazards call for revision of the regulations' physical qualifications for driving
commercial motor vehicles.

In general, the format of the revised
part has been altered only slightly from
the proposal. The major changes are the
adCition of a new section (§ 391.63), providing certain exemptions in cases where
drivers are hired on an intermittent,
casual, or occasional basis, and the transfer of the so-called "grandfather" exemptions, for drivers who are regularly
employed as drivers on the effective date
of the new rules, to Subpart G. The substantive aspects of these provisions are
discussed in more detail below.
The principal changes in Subpart A,
the general provisions of the part, reflect
an attempt to provide more definite
guidance for the situation in which the
driver of a commercial motor vehicle is
also the owner of the equipment he
operates. A new paragraph (c) has been
added to § 391.1 to make it clear that
when the owner-driver is acting in the
capacity of a motor carrier, he is responsible for compliance with both the
rules that apply to motor carriers and
the rules that apply to drivers. In addition, the definition of the term "motor
carrier" in § 391.3(a) has been revised
so that the owner-driver will be regarded solely as a driver for purposes of
Part 391 when he is driving his equipment on behalf of a motor carrier,
whether wider a lease arrangement or
otherwise. A new definition of the term
"employs" in § 391.3(c) makes it clear
that, in general, a motor carrier is responsible for insuring that every driver
who operates a commercial vehicle in
furtherance of the carrier's business is a
qualified driver, regardless of the form
of contractual or other arrangement between the carrier and the driver.
Subpart B, dealing with general qualifications and disqualifications of drivers,
was the subject of most of the comments
received. In the preamble to the proposal.
the Administrator specifically invited
comments on the provision, In § 391.11
(b) (1) , that precludes a person who is
less than 21 years of age from driving a
commercial vehicle. Comments in response to this invitation generally favored retention of the 21-years-or-older
prerequisite. Many respondents noted
that statistics collected by liability insurance companies indicate that persons
who have not yet attained the age of 21
are in a higher risk category than older

persons. There were some respondents
who favored lowering the minimum ago
of 19, on the ground that motor carriers
should be allowed to establish apprenticeship training programs to attract
younger persons into driving as an occupation. The Administrator has concluded that the minimum age should
be retained at this time. However, he
will give further consideration to establishing conditions under which persons
who are less than 21 years old can be
permitted to drive under close supervision for the purpose of training them
to become journeyman drivers.
The requirement that a driver must be
able to write the English language has
been deleted from § 391.11(b) (2) . The
deletion was made in response to comments which pointed out that in some
border areas of the United States and
in a few urban centers drivers frequently
are literate only in a language other than
English. It was felt that retention of the
requirement that a driver must be able
to write English would, in those cases,
lead to unnecessary loss of employment
by experienced and capable drivers.
Subparagraphs (4) and (5) of § 391.11
(b) were the subject of many comments
that appear to have stemmed from misunderstanding of what those provisions
were meant to require. As originally
written, their purport was to insure that
every driver is capable of ascertaining
that the cargo he transports is properly
loaded. Some respondents read into these
provisions a requirement that drivers
must personally load, block, and brace
the cargo. The Administrator has therefore revised these subparagraphs to
make it clear that a driver must be able
to determine whether loading is proper
by visual inspection or handling characteristics of the vehicle, so that he can
require corrective action if it is necessary. However, there is no requirement
that the driver must personally perform
the corrective actions, or enter a sealed
cargo compartment.
Section 391.15, dealing with disqualification of drivers, was easily the most
controversial provision of the proposed
revision. In it, the Administrator proposed to disqualify drivers who commit
offenses of a nature that would ordinarily, lead to loss of driving privileges under
State laws. Tile section has been changed
in two principal ways. First, the disqualification of drivers who are convicted
of, or forfeit bond under charges of,
three or more moving traffic violations
within 3 years has been deleted. It appears that the proposal was too draconian for implementation at this time,
in view of the unevenness of motor vehicle law enforcement from State-to-State,
the lack of a uniform rule as to what
constitutes a moving violation, and the
hardships it would work on many drivers. A companion rule has been changed
so that only conviction of serious motor
vehicle offenses committed after the effective date of the rule will be grounds
for disqualification. Some respondents
argued that serious offenses committed
while a driver is operating his personal
vehicle should not be grounds for disqualification. The Administrator has
concluded, however, that the commission

FEDERAL REGISTER, VOL. 35, NO. 78—WEDNESDAY, APRIL 22, 1970

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RULES AND REGULATIONS

of a serious offense while operating a
vehicle indicates that the perpetrator is
unfit to drive a commercial vehicle irrespective of whether or not the offense
waa committed while on duty. For this
reason, he has not limited the grounds
for disqualification to offenses committed while a commercial vehicle is being
driven.
Subpart C of the regulations requires
drivers to furnish, and motor carriers to
obtain, information about the background and driving records of drivers. It
also requires carriers to act on that information, both at the time of the driver's initial application for employment
and thereafter while he is in the carrier's
employ, to insure that the driver can
safely operate a commercial vehicle.
There were some respondents who opposed adoption of these rules on the
grounds that they preempted the right
of a motor carrier unilaterally to remove
a driver from the highway for safety
reasons. They do not do so, as § 391.1(b)
makes clear. It was suggested that the
rules encroach upon the arbitration procedures created by collective bargaining
agreements. The Administrator recognizes the right of labor and management
to regulate most aspects of their relationship through collective bargaining
agreements within the framework of
Federal and State law. However, he does
not concur with the viewpoint that the
safety of the motoring public is a proper
subject to be hazarded by procedural arrangements in those agreements. The
overwhelming weight of the available
evidence establishes, beyond rational
doubt, that a driver's predilection for involvement in serious accidents can frequently be foretold by his past driving
record and his general character. Since
this is the case, drivers whose records
deraonstmte that they are likely to cause
highway accidents should not continue
operating heavy commercial vehicles. In
the absence of a showing of the feasibility of screening of drivers by a Federal
agency, reliance on motor carriers' enlightened self-interest in careful screening of their drivers appears to be the
only viable approach to the problem. For
these reasons, the Administrator has
declined to make any basic changes in
the subpart. As written, it requires persons seeking employment as drivers to
fill out an application form with the details of their past employment and driving record. The carrier must use that
information to investigate the applicant's driving and employment history.
In addition, motor carriers are required
to make an annual review of the driving
record of each regularly employed driver.
Drivers must furnish their employers
with a listing of the violations of which
they have been convicted during the preceding year. The list must be furnished
at least once every 12 months; however,
In the initial year of the rule's operation, carriers may spread the reporting
requirement over the entire year, so that
every driver has complied with it by the
end of 1971.
There was little objection in principle
to the proposals for making successful
completion of both a road test and a

written examination prerequisites for
qualification to drive a commercial motor
vehicle. The Administrator has retained
the substance of both requirements. The
interests of commercial motor vehicle
safety would, in his view, be promoted by
insuring that drivers have demonstrated
their skill and knowledge of applicable
regulations by completion of approved
tests.
The road test is to be given by the
motor carrier or a person the carrier
designates. While it is arguable that the
purpose of the testing requirement would
be better served by a test given by a
Federal agency, there are at present insufficient administrative resources to
undertake that task, Under the regulation, a potential driver must be tested
on his skill at operating the type of
motor vehicle the motor carrier intends
to assign to him. In this context, the
term "assign" does not mean "permanently (or exclusively) dedicate." It requires only that the carrier make a fair
assessment of the types of equipment the
applicant is likely to operate if he is
hired. Section. 391.33 permits the road
test to be waived when the applicant can
show that he, has recently and successfully completed the same, or an equivalent, test. In the notice of proposed rule
making , a waiver was permitted if the
driver held a so-called "classified license"
issued by a State which licenses individuals to drive specified categories of large
commercial vehicles. It has come to the
Administrator's attention that some
classified licenses are issued without first
requiring the applicant to take a road
test on the particularly type of vehicle
involved. Therefore, language has been
added to § 391.33(a) (1) to make it clear
that such a license may be accepted as
equivalent to the road test only when it
is issued after successful completion of
a road test on a commercial vehicle.
The written examination requirement
in § 391.35 has been modified by requiring the examination questions to be
taken from a list prepared and published
by the Bureau of Motor Carrier Safety.
The Administrator has taken this step
in response to contentions that carrier
prepared questions may o pen the door to
arbitrary and discriminatory hiring
practices. He is also cognizant of the fact
that written examinations have historically been used as a method of foreclosing minority groups from access to certain occupations. In order to avoid the
possibility of invidious use of the written examination requirement, a list of
100 approved questions (and their
answers) will be published as Appendix
C to the Motor Carrier Regulations and
will be periodically revised. The questions asked must be drawn from the list.
Carriers are required to retain the questions asked an applicant and his
answers to those questions so that they
can be audited if necessary.
The physical qualifications for drivers
in § 391.41 have been revised in the light
of discussions with the Administration's
medical advisers. A misprint in § 391.41
(b) (1) that had evoked considerable
comment has been corrected. The dis-

qualification of diabetics, found in

§ 391.41(b) (3) , has been changed in
response to a number of comments arguing that only Jiabetics who are actually
using insulin to control their conditions
should be disqualified. A number of respondents opposed the proposal to disqualify persons having blood pressure in
excess of 160/90. The Administrator
agrees that it is not medically sound to
establish a maximum blood pressure level
without regard to the age and physical
structure of the individual under consideration. Therefore, § 391.41(b) (6) has
been modified so that only persons who
have high blood pressure likely to inters
fere with their ability to operate a vehicle safely will be disqualified. Finally, the
disqualification of a person who consumes alcoholic beverages "to excess"
has been deleted because it seemed to set
too subjective a standard. Instead, only
Persons having current clinical diagnoses
of alcoholism will be disqualified under
§ 391.41(b) (13).
Under the rules, a driver will have to
take and pass a physical examination
every 2 years. This is a change from the
proposal, which would have required an
annual examination. There were some
respondents who argued that the interval
between mandatory physical examinations should vary inversely with the age
of the driver, rather than being the same
for all drivers. The Administrator recognizes the merit of that position; nevertheless, he has elected to adhere to a
universally-applicable time span because
of the enforcement difficulties that a
sliding scale would present. The requirement for a physical examination between
periodic examinations (contained in
§ 391.45(c) ) has been rewritten to make
it clear that additional examinations are
necessary only in cases in which drivers
suffer serious injuries or diseases of a
type likely to impair their ability to drive.
No additional examination is required
if, for example, a driver is unable to work
for a brief period of time owing to a cold
or a minor attack of influenza.
In § 391.47 of the proposal, the Administrator provided a procedure under
which the Director of the Bureau of
Motor Carrier Safety could resolve conflicts between medical examiners on the
question whether a particular person is
physically qualified to drive. Among other
things, the proposal would have required
a person seeking such a determination
from the Director to obtain a favorable
opinion from either a Federal medical
examiner, the medical advisory committee of a State motor vehicle administration, or an advisory committee of the
medical association in the State' that
licensed him to drive. Some respondents
pointed out that it would be impossible
in many instances for an applicant to
secure an opinion from any of those three
sources. The Administrator has rslerefore deleted this requirement,
section 391.49 permits the Director to
grant waivers of certain physical defects
which would otherwise i squalify a
driver. Under the procedure, a driver's
application for a waiver must be joined
in by the motor carrier that will employ
him, and a waiver is valid only so long

FEDERAL REGISTER, VOL. 35, NO. 78—WEDNESDAY, APRIL 22, 1979

6460

RULES AND REGULATIONS

as the driver (=thrum to be employed era, even though those drivers may drive
by that carrier. Several respondents ob- for more than a single trip. At the same
jected to the latter requirement on the time, the exemptions have been revised
ground that it would unduly tie the bene- to specify with more precision the reficiary of a waiver to the employ of a quirements from which drivers who are
particular carrier. It is clear, however. not regularly employed will be exempt.
that the advisability of granting a waiver • It was the purpose of the proposal to
is, in part, dependent on knowledge of eliminate only the requirements pertainthe conditions under which the individ- ing to employment application and the
ual will drive if a waiver of his defect investigation of drivers' characters and
is granted. Those conditions vary greatly backgrounds with respect to intermitas between the operations of various car- tent, casual, or occasional drivers. The
riers. Hence, the Administrator has de- revised rules make this clear.
In addition to rules dealing with driver
termined that no waivers will be granted
without prior review of the nature of the qualification, the notice also proposed to
transportation that the driver in ques- locate two closely allied rules in Part 392,
tion intends to undertake. Other evidence which governs the driving of motor veof the nature of the work those appli- hicles. A new § 392.9a requires drivers
cants intend to undertake may also be who must wear corrective lenses in order
to meet minimum standards of visual
required.
Subpart F provides for record keeping acuity to wear spectacles while they are
requirements. As the result of comments, driving. Language to this effect is found
the Administrator has made an editorial in the medical history form following
change in { 391.51 so that the mandatory § 391.11 of the existing regulations. Some
record for each driver is now called a respondents asked the Administrator to
"driver qualification file," rather than permit drivers to wear contact lenses as
a "personnel file." The purpose of this well as spectacles. However, the Adminchange is to make clear that the records istrator has concluded that the risk that
required by this section need not be contact lenses will become lost or cause
maintained physically in the same file eye irritation while a vehicle is in motion
as other records-such as payroll rec- is too great to justify
. re granting the
ords-that a carrier maintains for each quested modification.
Section 392.42 of the proposal would
driver it employs.
The exemptions contained in Subpart have required drivers who receive notiG have been extensively altered. Section fication of revocation or suspension of
391.61 contains provisions relating to their operators' licenses promptly to
drivers who are regularly employed in notify their employers of that fact. There
that capacity on January 1, 1971, the was no adverse comment on the proposal,
effective date of the revision of Part 391. and it is being adopted without change.
In consideration of the foregoing,
As long as those drivers continue to be
regularly employed by the carriers for Chapter III of Title 49, CFR, is amended:
whom they were driving on or before (a) By revising Part 391 of Subchapter
December 31, 1970, they are exempt from B to read as set forth below; (b) by
the requirements pertaining to employ- amending Part 392 of Subchapter B as
ment applications, road tests, and writ- set forth below; and (c) by adding a new
ten examinations. Some respondents Appendix C after Subchapter B, reading
objected to the absence of a continuing as set forth below.
exemption for older drivers who incur
Effective date. These amendments are
breaks in service or who change their effective on January 1, 1971.
employers. The Administrator has concluded that the interests of safety would (Sec. 204, Interstate Commerce Act, as
49 U.S.C. 304; sec. 8, Department
be best served if those drivers were re- amended,
of Transportation Act, 1.9 D.S.C. 1855; delequired to requalify under the revised gation of authority in 49 ern Part 1)
rules. A driver who has had a. break in
service should be required to demonstrate
Issued on April 16, 1970.
that his driving skill and knowledge of
F. C. TURNER,
applicable regulations have remained
Federal Highway Administrator.
current. Similarly, a driver who changes
his employer may be called upon to
I. Part 391 of Title 49, CFR is revised
operate equipment with which he may to read as follows:
not be thoroughly familiar. In addition,
Subpart A-General
his new employer should be given the Sec.
basic information needed to make the 391.1 Scope of the rules In this part; addiinvestigations and inquiries required by
tional qualifications; duties of
§ 391.23. Consequently, that driver will
carrier-drivers.
be required to file an application for em- 391.3 Definitions.
391.5
Pamillarity
with rules.
ployment and to complete a road test and
301.7 Aiding or abetting violations.
written examination.
Section 391,61 of the proposed rules Subpart D-Qualification and Disqualification of
exempted so-called "single-trip" driver
Drivers
(drivers who are employed to drive for
Qualifications of drivers.
one round trip having a duration of 1 391.1/
391.15 Disqualification of drivers.
days or less) from certain of the requirements of Part 391. In response to comSubpart C-Itackground and Character
ments from several motor carriers, the 301.21 Application for employment,
Administrator has expanded the section 391.23 Investigation and Inquiries.
(now denominated § 391.03) to include 391.25 Annual review of driving record.
intermittent, casual, or occasional driv- 301.27 Record of violations.

Sec.

Subpart D-Examtnation and Tests

391.31 Road test.
391.33 Equivalent of road test.
391.35 Written examination.
391.37 Equivalent of Written examination.
Subpart E-Physical Qualifications and
Examinations
301.41 Physical qualifications for drivers.
391.43 Medical examination; certificate of

physical examination.
391.45 Persons who must be medically ex-

amined and certified.
301.47 Conflict of medical evr.luations.
391.49 Waver of certain physical defects.
Subpart F-Piles and Records
391.51 Driver qualification files.
Subpart G-Exemptions
991.61 Drivers who were regularly employed
before January 1, 1971.

391.63 Intermittent, casual, or occasional
drivers.
391.65 Drivers furnished by other motor
carriers.
Aumoarrx: The provisions of this Part
391 issued under sec. 204, Interstate Commerce Act, as amended, 49 U.S.C. 304: see. 6.
Department of Transportation Act, 49 U.S.C.
1655; delegation of authority in 49 CPR.
Part 1.

Subpart A-General
§ 391.1 Scope of the rules in this part;
additional qualifications; duties of
carrier-drivers.
(a) The rules in this part establish
minimum qualifications for persons who
drive motor vehicles as, for, or on behalf
of motor carriers. The rules in this part
also establish minimum duties of motor
carriers with respect to the qualifications
of their drivers.
(b) The rules in this part, and in other
parts of this subchapter, do not prevent
a motor carrier from imposing more
stringent or additional qualifications,
requirements, examinations, or certificates than are imposed by those rules.
(c) A motor carrier who employs himself as a driver must comply with both
the rules in this part that apply to motor
carriers and the rules in this part that
apply to drivers.
§ 391.3 Definitions.
(a) The term "motor carrier" includes
a motor carrier and the agents, officers,
representatives, and employees of a motor carrier who are responsible for the'
hiring, supervision, training, assignment,
or dispatching of drivers.
(b) The term "Director" means the
Director of the Bureau of Motor Carrier
Safety,
(c) A motor carrier "employs" a person as a driver within the meaning of
this part whenever it requires or permits
that person to drive a motor vehicle
(whether or not the vehicle is owned by
the motor carrier) in furtherance of the
business of the motor carrier.
§ 391.5 Familiarity with rules.
Each motor carrier and each driver
shall know, and be familiar with, the
rules in this part.

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RULES AND REGULATIONS
§ 391.7 Aiding or abetting violations.
No person shall aid, abet, encourage,
or require a motor carrier or a driver to
violate the rules in the; part.
Subpart 13—Qualification and
Disqualification of Drivers
§ 391.11 Qualifications of drivers.

rier shall not require or permit a driver
who is disqualified to drive a motor
vehicle.
(b) A driver is disqualified if
(1) He has, within the preceding 3
years and after December 31, 1970, been
convicted of, or forfeited bond or collateral upon, me of the following charges:
(1) A felony, the commission of which
(a) A person shall not drive a motor involved the use of a motor vehicle by
vehicle unless he is qualified to drive a that driver; or
(11) A crime involving the manufacmotor vehicle. Except as provided in
5 391.63, a motor carrier shall not require turing, knowing transportation, knowor permit a person to drive a motor ing possession, sate, or habitual use of
vehicle unless that person is qualified amphetamines, a narcotic drug, a formulation of an amphetamine, or a derivto drive a motor vehicle. •
(b) Except as provided in § 391.61, a ative of a narcotic drug; or
(iii) Operating a motor vehicle under
person is qualified to drive a motor vehithe influence of alcohol, an amphetacle if he
mine, a narcotic drug, a formulation of
(1) Is at least 21 years old;
(2) Can read and speak the English an amphetamine, or a derivative of a
language sufficiently to converse with the narcotic drug; or
(iv) Leaving the scene of an accident
general public, to understand highway
traffic signs and signals in the English which resulted in personal injury or
language, to respond to official inquiries, death; or
(2) Any license, permit, or privilege to
and to make entries on reports and
op erate a motor vehicle which he has
records;
(3) Can, by reason of experience, held has been suspended, revoked, withtraining, or both, safely operate the type drawn, or denied and has not been reinstated by the authority that suspended,
of motor vehicle he drives;
(4) Can, by reason of experience, revoked, withdrew, or denied it.
training, or both, determine whether the
Subpart C—Background and
cargo he transports (including baggage
Character
in a passenger-carrying motor vehicle)
has been properly located, distributed, § 391.21 Application for employment.
and secured in or on the motor vehicle
(a) Except as provided in Subpart (1
he drives:
of this part, a person shall not drive a
(5) Is fandhar with blocking, bracing, motor vehicle unless he has completed
and other methods of securing cargo in and furnished the motor carrier that emor on the motor vehicle he drives;
ploys him with an
for em(6) Is physically qualified to drive ployment that meetsapplication
the requirements of
a motor vehicle in accordance with paragraph (b) of thin section.
§ 391.41;
(b) The application for employment
(7) Has been issued a currently-valid shall be made on a form furnished by
motor vehicle operator's license or the motor carrier. Each application form
permit;
must be completed by the applicant, must
(8) Has prepared and furnished the be signed by him, and must contain the
motor carrier that employs him with the following information:
list of violations or the certificate as
(1) The name and address of the emrequired by 1 391.27;
ploying motor carrier;
(9) Is not disqualified to drive a motor
(2) The applicant's name, address,
vehicle under the rules in 1 391.15;
•date of birth, and social security
(10) Has successfully completed a number;
driver's road test and has been issued
(3) The addresses at which the applia certificate of driver's road test in ac- cant has resided during the 3 years precordance with § 391.31, or has presented ceding the date on which the application
an operator's license or a certificate of is submitted;
road test which the motor carrier that
(4) The date on which the a pplicaemploys him has accepted as equivalent tion is submitted;
to a road test in accordance with
(5) The issuing State, number, and
§ 391.33;
expiration date of each unexpired motor
(11) Has successfully completed a vehicle operator's license or permit that
written examination and has been is- has been issued to the applicant:
sued a certificate of written examination
(6) The nature and extent of the apin accordance with f 391.35, or has pre- plicant's experience in the operation of
sented a certificate of written examina- motor vehicles, including the typo of
tion which the motor carrier that em- equipment (such as buses, trucks, truck
ploys him has accepted as equivalent to tractors, semitrailers, full , trailers, and
a written examination in accordance polo trailers) which he has operated;
with 5 391.37; and
(7) A list of all motor vehicle accidents
(12) Has completed and furnished the in which the applicant was involved durmotor carrier that employs him with an ing the 3 years preceding the date the
application for employment in accord- application is submitted, specifying the
ance with § 391.21.
date and nature of each accident and any
fatalities or personal injuries it caused;
§ 391.15 Disqualification of drivers.
(B) A list of all violations of motor
(a) A driver who is disqualified shall vehicle law or ordinances (other than
not drive a motor vehicle. A motor car- violations involving only parking) of

6461
which the applicant was convicted or
forfeited bond or collateral during the 3
years preceding the date the application
is submitted;
(9) A statement setting forth in detail
the facts and circumstances of any denial, revocation, or suspension of any
license, permit, or privilege to operate a
motor vehicle that has been issued to the
applicant, or a statement that no such
denial, revocation, or suspension has
occurred;
(10) A list of the names and addresses
of the app licant's employers during the
3 years preceding the date the application is submitted, together with the dates
he was employed by, and his reason for
leaving the employ of, each employer;
and
(11) The following certification and
signature line, which must appear at the
end of the application form and be signed
by the applicant:
This certifies that this application was
completed by me, and that all entries on it
and information in it are true and complete
to the beet of my knowledge.
(Date)

(Applicant's signature)

(c) A motor carrier may require an
applicant to provide information in addition to the information required by paragraph (b) of this section on the
application form.
(d) Before an application is submitted, the motor carrier shall inform the
applicant that the information he provides in accordance with paragraph (b)
(10) of this section may be used, and the
applicant's prior employers may be contacted, for the purpose of investigating
the applicant's background as required
by § 391.23.
§ 391.23 Investigation and inquiries.
(a) Except as provided in Subpart
of this part, each motor carrier shall
make the following investigations and
inquiries with respect to each driver it
employs, other than s, person who has
been a regularly employed driver of the
motor carrier for a continuous period
which began before January 1, 1971:
(1) An inquiry into the driver's driving record during the preceding 3 years
to the appropriate agency of every State
in which the driver heid•a motor vehicle
operator's license or permit during those
3 years; and
(2) An investigation of the driver's
employment record during the preceding 3 years.
(b) The inquiry to State agencies required by paragraph (a) (1) of this section shall be made in the form and
manner those agencies prescribe. A copy
of the response by each State agency,
showing the driver's driving record or
certifying that no driving record exists
for that driver, shall be retained in the
carrier's files as part of the driver's qualification file.
(c) The investigation of the driver's
employment record required by paragraph (a) (2) of this section must be
made within 30 days of the date his employment begins. The investigation may

FEDERAL REGISTER, VOL. 35, NO. 78—WEDNESDAY, APRIL 22, 1970

6462

RULES AND REGULATIONS

consist of personal interviews, telephone
interviews, letters, or any other method
of obtaining information that the carrier
deems appropriate. Each motor carrier
must make a written record with respect
to each past employer who was contacted.
The record must include the past employer's name and address, the date he
was contacted, and his comments with
respect to the driver. The record shall be
retained in the motor carrier's files as
part of the driver's qualification file,
§ 391.25 Annual review of driving
record.

Except as provided in Sutsart G of
this part, each motor carrier shall, at
least once every 12 months, review the
driving record of each driver it employs
to determine whether that driver meets
minimum requirements for safe driving
or is disqualified to drive a motor vehicle
pursuant to § 391.15. In reviewing a driving record, the motor carrier must consider any evidence that the driver has
violated applicable provisions of the
Motor Carrier Safety Regulations and
the Hazardous Materials Regulations.
The motor carrier must also consider the
driver's accident record and any evidence
that the driver has violated laws govern-

ing the operation of motor vehicles, and
must give great weight to violations,
such as speeding, reckless driving, and
operating while under the influence of
alcohol or drugs, that indicate that the
driver has exhibited a 'disregard for the
safety of the public.
§ 391.27 Record of violations.
(a) Except as provided in Subpart 0
of this part, each motor carrier shall, at
least once every 12 months, require each
driver it employs to prepare and furnish
it with a list of all violations of motor
vehicle traffic laws and ordinances (other
than violations involving only parking)
of which the driver has been convicted or
on account of which he has forfeited
bond or collateral during the preceding
12 months.
(b) Each driver shall furnish the list
required in accordance with paragraph
(a) of this section. If the driver has not
been convicted of, or forfeited bond or
collateral on account of, any violation
which must be listed, he shall so certify.
(c) The form of the driver's list or
certification shall be prescribed by the
motor carrier. The following form may
be used to comply with this section:

MOTOR VEHICLE DRIVER'S CERTIFICATION

I certify that the following is a true and complete list of traffic violations (other than
parking violations) for which I have been convicted or forfeited bond or collateral during
the peat 12 months. •
Type of vehicle

Date
Ofenae
Location
operated

If no violations are listed above, I certify that I have not been convicted or forfeited bond
or collateral on account of any violation required to be listed during the past 12 months.
(Date of certification)

(Driver's signature)

(Motor carrier's name)

(Motor carrier's address)

(Reviewed by: Signature)

(Title)

(d) The motor carrier shall retain the
list or certificate required by this section,
or a copy of it, in its files as part of the
driver's qualification file.

Subpart D-.–Examinations and Tests
§ 391.31 Road test.
(a) Except as provided in § 391.33 and
393.61, a person shall not drive a motor
vehicle unless he has first successfully
completed a road test and has bee,' issued
a certificate of driver's road test in
accordance with this section.
(h) The road test shall be given by the
motor carrier or a person designated by
it. However, a driver who is a motor carrier must be given the test by a person
other than himself. The test shall be
given by a person who is competent to
evaluate and determine whether the person who takes the test has demonstrated
that he is capable of operating the vehicle, and associated equipment, that the
motor carrier intends to assign him.
(c) The road test must be of sufficient
duration to enable the person who gives
it to evaluate the skill of the person who
takes it at handling the motor vehicle,

and associated equipment, that the motor
carriers intends to assign to him. As a
minimum, the person who takes the test
must be tested, while operating the type
of motor vehicle the motor carrier intends to assign him, on his skill at
performing each of the following
operations:
(1) The pretrip inspection required by
§ 392.7 of this subchapter;
(2) Coupling and uncoupling of combination units, if the equipment he may
drive includes combination units;
(3) Placin 4 the vehicle in operation;
(4) Use of
vehicle's controls and
emergency equipment;
(5) Operating the vehicle in traffic and
while passing other vehicles;
(6) _Turning the vehicle;
(I) Braking, and slowing the vehicle
by means other than braking; and
(8) Backing and parking the vehicle,
(d) The motor carrier shall provide a
road test form on which the person who
gives the test shill rate the performance
of the person who takes it at each operation or activity which is a part of the test.
Atter /I P completes the form, the person
who gave tie, test shall sign it.

(e) If the road test is successsfully
completed, the person who gave it shall
complete a certificate of driver's road

test in substantially the form prescribed
in paragraph (f) of this section.
(f) The form for the certificate of
driver's road test is substantially as
follows:
Czwrirrcsnorr OF ROAD TEST
Driver's name
Social Security No.
Operator's or Chauffeur's License No.
State
Type of power unit
Type of
trailer ( )
If passenger carrier, type of bus
This Is to certify that the above-named
driver was given a road test under my
supervision on
19__
consisting
of approximately
miles of driving.
It is my considered opinion that this
driver possesses sufficient driving skill to
operate safely the type of commercial motor
vehicle listed above.
(Signature of examiner)

(Title)

(Organization and address of examiner)

(g) A copy of the certificate required
by paragraph (e) of this section shall be
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, the certificate required by paragraph (e) of this
section.
§ 391,33 Equivalent of road test.
(a) In place of, and as equivalent to,
the road.test required by § 391.31, a person who seeks to drive a motor vehicle
may present, and a motor carrier may
accept
(1) A valid operator's license which
has been issued to him by a State that
licenses drivers to operate specific categories of motor vehicles and which, under
the laws of that State, licenses him after
successful completion of a road test in
a motor vehicle of the type the motor
carrier intends to assign to him; or
(2) A copy of a valid certificate of
driver's road test issued to him pursuant
to § 391.31 within the preceding 3 years.
(b) If a driver presents, and a motor
carrier accepts, a license or certificate as
equivalent to the road test, the motor
carrier shall retain a 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 driving skill as a condition to his employment as a driver.
§ 391.35 Written can iii i i tation.
(a) Except as provided in §§ 391.37
and 391.61, a person shall not drive a
motor vehicle unless he has first successfully completed a written examination
and has been issued a certificate of written examination in accordance with this
section.
(b) The written examination shall be
given by the motor carrier or a person

FEDERAL REGISTER, VOL. 35, NO. 78—WEDNESDAY, APRIL 22, 1970

RULES AND REGULATIONS
designated by it on a form prescribed by
the motor carrier. The examination shall
be administered by a competent person.
(c) The examination shall consist of
at least 30 questions, testing the examinee's knowledge of Parts 390-397 of this
subchapter, taken from the list of questions published by the Bureau of Motor
Carrier Safety: A person who correctly
answers at least 70 percent °f • b° questions has successfuly completed the
examination.
(d) If the examinee successfully completes the examination, the person who
administered it shall advise him of the
correct answers to any questions he failed
to answer correctly and shall complete
a certificate in substantially the following form:
CERTIFICATION OP WRITTEN EXAMINATION

This is to certify that the person whose
signature appears below, has succesofully
completed the written examination under my
supervision in accordance with the provisions of 1 391.35 of the Motor Carrier Safety
Regulations.
(Signature of person taking
examination)

(Date of
examination)

(Location of examination)
(Signature of
examiner)

(Title)

(Organization and address of examiner)

(e) A copy of the certificate required
by paragraph (d) of this section shall
be 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, or a copy of, the certificate required by paragraph (d) of
this section;
(2) The questions asked on the examination; and
(3) The person's answers to those
questions.
.
§ 391.37 Equivalent of written examination.

(a) In place of, and as equivalent to,
the written examination required by
391.35, a person who seeks to drive a
motor vehicle may present, and a motor
carrier may accept, a valid certificate of
written examination issued pursuant to
para g raph (d) of that section within
the preceding 3 years.
(b) If a motor carrier accepts a certificate as equivalent to the written
examination, it shall retain a legible
copy of the certificate in its files as part
of the driver's qualification file.
(c) A motor carrier may require any
person who presents a certificate as
equivalent to the written examination
to take a written examination or any
other test of his knowledge of Parts
390-397 of this subchapter as a condition to his employment as a driver.
Copies of the list of questions (and
answers to the questions) may be obtained
by writing to the Director, Bureau of Motor
Carrier Safety, Washington, D.O. 20591, or to
any Regional Federal Highway Administrator
at the address given In 300.40 of this
subchapter.

Subpart E—Physical Qualifications
and Examinations
§ 391.41 Ph ysical qualifications for
drivers.

(a) A person shall not drive a motor
vehicle unless he is physically qualified
to do so and has on his person the original, or a photographic copy, of a medical
examiner's certificate that he is physically qualified to drive a motor vehicle.
(b) A person is physically qualified to
drive a motor vehicle if he
(1) Has no loss of a foot, a leg, a hand,
or an arm, or has been granted a waiver
pursuant to A 391.49;
(2) Has no impairment of the use of a
foot, a leg, a hand, fingers, or an arm,
and no other structural defect or limitation, which is likely to interfere with his
ability to control and safely drive a
motor vehicle, or has been granted a
waiver pursuant to § 391.49 upon a determination that the impairment will not
interfere with his ability to control and
safely drive a motor vehicle.
(3) Has no established medical history
or clinical diagnosis of diabetes mellitus
currently requiring insulin for control;
(4) Has no clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any
other cardiovascular disease of a variety
known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac
failure;
(5) Has no established medical history
or clinical diagnosis of a respiratory dysfunction likely to interfere with his ability to control and drive a motor vehicle
safely;
(6) Has no clinical diagnosis of high
blood pressure likely to interfere with his
ability to operate a motor vehicle safely;
(7) Has no established medical history
or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with his ability to control and operate a motor vehicle safely;
(8) Has no established medical history or clinical diagnosis of epilepsy or
any other condition which is likely to
cause loss of consciousness or any loss of
ability to control a motor vehicle;
(9) Has no mental, nervous, organic,
or functional disease or psychiatric disorder likely to interfere with his ability
to drive a motor vehicle safely;
(10) Has distant visual acuity of at
least 20/40 (Snellen) in each eye without
corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or
better with corrective lenses, distant
binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70°
in the horizontal ineridan in each eye,
and the ability to recognize the colors of
traffic signals and devices showing standard red, green, and amber;
(11) First perceives a forced whispered voice at not less than 5 feet in the
better ear without use of a hearing aid,
or, if tested by use of an audiometric
device, does not have a loss greater than
25-30 decibels at 500 Hz, 1,000 Hz, and

6463
2,000 Hz in the better ear without a hearing aid.
(12) Does not use an amphetamine,
narcotic, or any habit-forming drug; and
(13) •Has no current clinical diagnosis
of alcoholism.
§ 391.43 Medical examination; eertii.cute of physical examination.

(a) Except as provided in paragraph
(b) of this section, the medical examination shall be performed by a licensed
doctor of medicine or osteopathy.
(b) A licensed optometrist may perform so much of the medical examination as pertains to visual acuity, field of
vision, and the ability to recognize colors
as specified in subparagraph (10) of
§ 391.41(b).
(c) The medical examination shall be
performed, and its results shall be recorded, substantially In accordance with
the following instructions and examination form:
INSTRUCTIONS FOR PERFORMING AND RECORDING
PHYSICAL ExAMINATIONS

The examining physician should review
these instructions before performing the
physical examination. Answer each question
yes or no where appropriate.
The examining physician should be aware
of the rigorous physical demands and mental
and emotional responsibilities placed on the
driver of a commercial motor vehicle. In the
interest of public safety the examining physician is required to certify that the driver
does not have any physical, mental, or
organic defect of such a nature as 4 o affect
the driver's ability to operate safely a commercial motor vehicle.
General information. The purpose of this
history and physical examination le to detect
the presence of physical, mental, or organic
defects of such a character and extent as to
affect the applicant's ability to operate a
motor vehicle safely. The examination should
be made carefully and at least as complete
at indicated by the attached form. History of
certain defects may be cause for rejection
or indicate the need for making certain
laboratory 'I tests or a further, and more
.stringent, examination. Defects may be recorded which do not, because of their character or degree, indicate that certification of
physical fitness should be denied. However,
these defects should be discussed with the
applicant and ho should be advised to take
the necessary steps to insure Correction, particularly of those which, if neglected, might
lead to a condition likely to affect his ability
to drive safely.
General appearance and development. Note
marked overweight. Note any posture defect,
perceptible limp, tremor, or other defects
that might be caused by alcoholism, thyroid
intoxication, or other illnesses. The Motor
Carrier Safety Regulations provide that no
driver shall use a narcotic or other habitorming drug.
Head-eyes. When other than the Snellen
chart is used, the results of such test must
b. expressed in values comparable to the
standard Snellen test. If the applicant wears
corrective lenses, these shotld be worn while
applicant's visual acuity is being tested, If
appropriate, Indicate on the Medical Examiner's Certificate by.checking the box, "Qualified only when wearing corrective spectacles."
In recording distance vision use 20 feet as
normal, Report all vision as a fraction with
20 as numerator and the smallest typo read
at 20 feet as denominator. Note ptosis, discharge, visual acids, ocular muscle imbalance,
color blindness, corneal scar, oxophthalmos,
or strabismus, uncorrected by corrective

FEDERAL REGISTER, VOL. 35, NO. 78—WEDNESDAY, APRIL 22, 1970

RULES AND REGULATIONS

6464
lenses. Monocular or aphasic drivers are not
qualified to operate commercial motor vehicles under existing Motor Carrier Safety
Regulations.
Ears. Note evidence of mastoid or middle
ear disease, discharge, symptoms of aural
vertigo. or Menlere's Eyndrome. When recording hearing, record distance from patient at
which a forced whispered voice can first be
heard. If audiometer is need to test hearing,
record decibel loss at 500 Hz, 1,000 Hz, and
2.000 Hz.
Throat. Note evidence of disease. Irremediable deformities of the throat likely to interfere with eating or breathing, or any
laryngeal condition which could interfere
with the safe operation of a motor vehicle.
Thorax-heart. Stethoscopic examination is
required. Note murmurs and arrhythmia's,
and any past or present history of cardiovascular disease, of a variety known to be
accompanied by syncope, dyspnea. collapse,
enlarged heart, or congestive heart failures.
Electrocardiogram is required when findings
so indicate.
Blood pressure. Record with either spring
or mercury column type of sphygomomanometer. If the blood pressure fs consistently
above 160/90 mm. Hg.. further tests may be
necessary to determine whether the driver
is qualified to operate a motor vehicle.
Lungs. If any Iung disease is detected, state
whether active or arrested; if arrested, your
opinion as to how long it has been quiescent.
Gastrointestinal system. Note any diseases
of the gastrointestinal system.
Abdomen. Note wounds, injuries, scars, or
weakness of muscles of abdominal walls
sufficient to interfere with normal function.
Any hernia should be noted if present. State
how long and if adequately contained by
truss.
Abnormal masses. If present, note location,
if tender. and whether or not applicant knows
how long they have been present. If the
diagnosis suggests that the condition might
interfere with the control and safe operation
of a motor vehicle, more stringent tests must
be made before the applicant can be certified.
Tenderness, When noted, state where most
pronounced, and suspected cause. If the diagnosis suggests that the condition might interfere with the control and safe operation of
a motor vehicle, more stringent tests must be
made before the applicant can be certified.
Genito-urinary. Urinalysis is required.
Acute infections of the genitourinary tract,
as defined by local and State public health
laws, indications from urinalysis of uncontrolled diabetes, symptomatic albumin-Urea
in the urine, or other findings indicative of
health conditions likely to interfere with the
control and safe operation of a motor vehicle,
will disqualify an applicant from operating
a motor vehicle.
Neurological. If positive Rhomberg Is reported, indicate degrees of impairment. Pupillary reflexes should be reported for both
light and accommodation, Knee jerks are to
be reported absent only when not obtainable
upon reinforcement and as increased when
foot is actually lifted from the floor following
a light blow on the patella, sensory vibratory
and positional abnormalities should be
noted.
Extremities. Carefully examine upper and
lower extremities. Record the loss or impairment of a leg, foot, toe, arm, hand, or fingers.
Note any and all deformities, tho presence of
atrophy, semiparalysis or paralysis, or varicose
veins, If ft hand or finger deformity exists,
determine whether sufficient grasp is present
to enable the driver to secure and maintain
a grip on the steering wheel. If a leg deformity exists, determine whether sufficient
mobility and strength exist to enable the
driver to operate pedals properly. Particular
attention should be given to and a record
should be made of. any impairment or structural defect which may interfere with the

driver's ability to operate a motor vehicle Audiometric Test (complete only 1f (milomsafely.
eter is used to test hearing) decibel loss
Spine. Note deformities, limitation of moRR 500 Hz
, at 1,000 Hz
at
tion, or any history of pain, injuries, or dis2,000 Hz
ease, post or presently experienced in the Throat
cervical or lumbar spine region. If findings so Thorax:
dictate, radiologlo and other examination('
Heart
should be used to diagnose congenital or
If organic disease is present, is it fully comacquired defects; or spondyiollathesie and
pensated?
soollosis.
Blood pressure:
Recto-genital studies. Diseases or condiSystolic
Diastolic -
tions causing discomfort should be evaluated
Pulse: Before exercise
carefully to determine the extent to which
Immediately after exercise '
the condition might be handicapping while
Lungs
lifting, pulling, or during periods of pro- Abdomen:
longed driving that might be necessary as
Scars
Abnormal masses
part of the driver's duties.
Tenderness
Laboratory and other special findings.
Hernia: Yes
No
Urinalysis is required, as well as such other
If so, where?
tests as the medical history or findings upon
Is truss worn?
physical examination may indicate are neces- Gastrointestinal:
sary. A serological test is required if the
Ulceration or other disease:
applicant he's a history of luetic infection or
Yes
No
present physical findings Indicate the poled- Genito-Urinary:
bflity of latent syphilis. Other studies deemed
Scars
advisable may be ordered by the examining
Urethral discharge
physician.
Reflexes:
Diabetes. If insulin is necessary to control
Rhomborg
a diabetic condition, the driver is not qualiPupillary
Light
fied to operate a motor vehicle. If mild diaAccommodation Right
Left
betes is noted at the time of examination and
Knee Jerks:
it is stabilized by use of a hypoglycemic drug
Right:
and a diet that can be obtained while the
Normal
Increased
Abdriver is on duty, it should not be considered
sent
disqualifying. However, the driver must reLeft:
main under adequate medical supervision,
Normal
Increased
AbThe physician must date and sign his
- sent
findings upon completion of the examination.
Remarks
Extremities:
EXAM/NATION TO DETERMINE PIIESICAL
Upper
CONDITION or DRIVERS

n

Driver's name
Address
Social Security No.
Date of birth

q New Certification
q Recertification
Age

HEALTH NISTORT

Yes No
q
q Head or spinal injuries.
q
q Seizures, fits, convulsions, or fainting.
Extensive confinement by Illness or
injury.
0 Cardiovascular disease.
q
q
q Tuberculosis.
q
0 Syphilis.
q
q Gonorrhea.
q
q Diabetes.
q
q Gastrointestinal ulcer.
0 q Nervous stomach.
q
q Rheumatic fever.
q
q Asthma.
q
q Kidney disease.
q
q Muscular disease.
q
q Suffering from any other disease.
q
q Permanent defect from illness, disease or Injury.
Psychiatric disorder.
Any other nervous disorder.
If answer to any of the above is yes, explain:

q

q
q

q

q
q

PHYSICAL EXAMINATION

General appearance and development:
Good
Fair
Poor
Vision: For distance:
Right 20/
Left 20/
q Without corrective lenses.
q With corrective lenses if worn.
Evidence of disease or injury:
Right
Left
Color Test
Horizontal field of vision:
Right
• Left
Hearing:
Right ear
Left ear
Disease or injury

Lower

Laboratory and other Special Findings:
Urine: Spec. Gr.
Sugar
Other laboratory data (Serology, etch) ____
Radiological data
Electrocardiograph
General comments
(Date of
examination)

(Address of exam• Ining doctor)

(Name of examining (Signature of examdoctor (Print) )
fining doctor
Nom: This section to be completed only
when visual teat is conducted by a licensed
optometrist.
(Date of
examination)

(Address of
optometrist)

(Name of optometrist
(Print) )

(Signature of
optometrist)

(d) If the medical examiner finds that
the person he examined is physically
qualified to drive a motor vehicle in accordance with 391.41 (b) , he shall
complete a certificate in the form prescribed in paragraph (e) of this section
and furnish one copy to the person who
was examined and one copy to the motor
carrier that employs him.
(e) The medical examiner's certificate
shall be in accordance with the following
form:
mscicm. ExAmirms's CERTIFICATE
I certify that I have examined
in accordance with

(Driver's name (Print) )
the Motor Carrier Safety Regulations (40
CFR 391.41-391.40) and with knowledge of
hie duties, I find him qualified under the
regulations,
q Qualified only when wearing corrective
spectacles.

FEDERAL REGISTER, VOL. 35, NO. 78—WEDNESDAY, APRIL 22, 1970

6465

RULES AND REGULATIONS-
A completed examination form for this pereon le on itie in my Moe at
(Address)
(Datilat
examination)

(Name of examining
doctor (Print) )
(Signature of examining
doctor)
(Signature of driver)
(Address of driver)

§ 391.45 Persons who must he medically
examined and certified.
The following persons must be medically examined and certified in accordance with § 391.43 as physically qualified
to drive a motor vehicle:
(a) "Any person who has not been
medically examined and certified as
physically qualified to drive a motor
vehicle;
(b) Any driver who has not been
medically examined and certified as
qualified to drive a motor vehicle during
the preceding 24 months; and
(0) Any driver whose ability to perform his normal duties has been impaired by a physical or mental injury or
disease.
§ 391.47 Conflict of medical evaluations.
(a) If, having performed medical
examinations of a person pursuant to
§ 391.43, two or more mealeal examiners
disagree as to whether thai; person is
physically qualified to drive a motor vehicle, the Director, on application of that
person or a motor, carrier, may determine
whether that person is physically qualified to drive a motor vehicle.
(b) An application under this section
must be accompanied by the physical
examination reports of the disagreeing
medical examiners. The application must
demonstrate to the Director's satisfaction that before he found the person
physically qualified to drive, an examiner
who did so was fully aware of the person's complete medical history and of
the nature of the work the person would
perform if he were found physically and
otherwise qualified to drive a motor
vehicle. As a minimum, the examiner
must have been informed of the type,
size, and weight of the vehicles the person
would drive, the distances he would
traverse, the number of hours he would
spend in an on-duty status, and the related duties (such as loading, unloading,
climbing onto and descending from
vehicles, and making repairs en route (if
he would be required to do so) ) that the
person would perform.
(c) If the Director determines that the
person is physically qualified to drive a
motor vehicle, a medical examiner's certificate may be issued to that person pursuant to 1 391.43.
§ 391.49 Waiver of certain physical
defects.
(a) A person who is not physically
qualified to drive under § 391.41(b) (1)
or (2) and who is otherwise qualified to
drive a motor vehicle, may drive a motor
vehicle, other than a motor vehicle which

No. 78—Pt. 11-2

transports passengers or a motor vehicle
which must be placarded or marked in
accordance with § 177.823 of this Title 49
(relating to placards or markings upon
vehicles which transport hazardous
materials), if the Director has granted
an application for a waiver with respect
to that person.
(b) An application for a waiver must
be submitted jointly by the person who
seeks a waiver of his physical disqualification (the individual applicant) and by
the motor carrier that will employ him if
the application is granted, The application must be addressed to the Director,
Bureau of Motor Carrier Safety, Washington, D.C. 20591.
(c) An application for a waiver must
contain
(1) A description of the typ e, size, and
special equipment (if any) of the vehicles the individual applicant intends to
drive, the general area and type of roach
he intends to traverse while driving, the
distances he intends to drive, the periods
of time he will be on duty while driving,
the nature of the commodities or cargo
he intends to transport, the methods he
or any other person will use to load and
secure those commodities or cargo, and
the nature and extent of his experience
at operating motor vehicles of the type
he intends to drive;
(2) An agreement by both applicants
that the motor carrier will promptly file
with. the Director such reports as he may
require, including reports about the driving activities, accidents, arrests, license
suspensions, revocations, or withdrawals,
and convictions which involve the individual applicant; and
(3) An agreement that, if a waiver is
granted, it authorizes the individual applicant to drive in interstate commerce
only when employed by the motor carrier
that joined in his application.
(d) An application for a waiver must
be accompanied with
(1) At least two reports of medical examinations made pursuant to § 391.43,
at least one of which was conducted by a
medical examiner selected and compensated by the motor carrier, each of which
includes the medical examiner's opinion
concerning the individual applicant's
ability to operate safely a motor vehicle
of the type he intends to drive;
(2) A copy of the certificate of driver's
road test that was issued to the individual
applicant pursuant to § 391.31;
(3) A copy of the certificate of written
examination that was issued to the individual applicant pursuant to § 391,35;
and
(4) A copy of the individual applicant's
application for employment made pursuant to § 391.21.
(e) An application for a waiver shall be
signed by both the individual appliemit
and the motor carrier. If the motor carrier is a corporation, the application shall
be signed by an officer of the corporation. If the motor carrier is a partnership, the application shall be signed by
a partner. If the motor carrier is an individual proprietorship, the application
shall be signed by the proprietor.

(f) The Director may deny the application or he may grant it in whole or in
part and issue a waiver subject to such
terms, conditions, and limitations as he
deems consistent with safety and the
public interest. A waiver is valid for a
period not exceeding 2 years, and it may
be renewed upon submission of a new
application pursuant to this section.
(g) If the Director grants a waiver,
he will notify each applicant by a letter,
which sets forth the terms, conditions.
and limitations of the waiver. The motor
carrier shall retain the letter (or a legible
copy of it) in its files as king as the individual applicant is employed by that
motor carrier and for 3 years thereafter.
The individual applicant shall have the
letter (or a legible copy of it) in his
possession whenever he drives a motor
vehicle or is otherwise on duty.
(h) The Director may suspend a waiver
at any time. The Director may revoke a
waiver after the persons to whom it was
issued are given notice of the proposed
revocation and a reasonable opportunity
to be heard.
Subpart F—Files and Records
§ 391.51 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 personnel file.
(b) The qualification file for a driver
who has been a regularly employed driver
of the motor carrier for a continuous
period which began before January 1,
1971, must include
(1) The medical examiner's certificate
of his physical qualification to drive a
motor vehicle or a legible phototraPhic
copy of the certificate:
(2) The Director's letter granting a
waiver of a physical disqualification, if a
waiver was issued under § 391.49;
(3) The list or certificate relating to
violations of motor vehicle laws and
ordinances required by § 381.27; and,
(4) Any other matter which relates to
the driver's qualifications or ability to
drive a motor vehicle safely.
(c) The qualification file for a regularly employed driver who has not been
regularly employed by the motor carrier
for a continuous period which began before January 1, 1971, must include
(1) The documents specified in paragraph (b) of this section;
(2) The driver's application for employment completed in accordance with
§ 391.21:
(3) The responses of State agencies to
the motor carrier's inquiries concerning
the driver's driving record pursuant to
§ 391.23(d) ;
(4) The certificate of driver's road test
issued to the driver pursuant to § 391.31
(e) , or a copy of the license or certificate
which the motor carrier accepted as
equivalent to the driver's road test pursuant to § 391.33; and
(5) The questions asked, the answers
the driver gave, and the certificate of
written examination issued to him pursuant to § 391.35, or a copy of a certificate
which the motor carrier accepted as

FEDERAL REGISTER, VOL. 35, NO. 78—WEDNESDAY, APRIL 22, 1970

RULES AND REGULATIONS

6466
equivalent to a written examination pursuant to § 391.37.

driver (as defined in 1 395.2(f) of this
subchapter) to drive a motor vehicle for
a single trip or on an intermittent,
casual, or occasional basis, the motor
carrier shall comply with all requirements of this part, except that the motor
carrier need not
(1) Require the person to furnish an
application for employment in accordance with § 391.21:
(2) Make the investigations and inquiries specified in § 391.23 with respect
to that person,
(3) Perform the annual review of the
person's driving record required by
§ 391.25; or
(4) Require the person to furnish a
record of violations or a certificate in
accordance with § 391.27.
(b) Before a motor carrier permits a
person described in paragraph (a) of
this section to drive a motor vehicle, the
motor carrier must obtain his name, his
social security number, and the identification number, type and issuing State of
his motor vehicle operator's license. The
motor carrier must retain that information in its files for 3 years after the person's employment by the motor carrier
ceases.

(3) The motor carrier that uses the
driver has in its files a copy of the
driver's medical examiner's certificate.
(b) A motor carrier that obtains a
certificate in accordance with paragraph
(a) (2) of this section shall retain that
certificate and the copy of the driver's
medical examiner's certificate in its files
for 3 years.
IL Part 391 of Title 49, CFR is amended by adding the following new section
to Subpart A:
§ 392.9n Spectacles to be worn.
A driver whose visual acuity meets any
of the minimum requirements of § 391.41
of this subchapter only when he wears
corrective lenses shall wear properly
prescribed spectacles at all times while
he is driving.
M. Part 392 of Title 49, CFR is
amended by revising the title of Subpart
E thereof to read: "Subpart E—Accidents
and License Revocations; Duties of
Driver."
IV, Part 392 of Title 49, CFR is
amended by adding the following new
section at the end of Subpart E:

(d) The qualification file for an intermittent, casual, or occasional driver
employ ed under the rules in 391.63 must
include
(1) The medical examiner's certificate
of his physical qualification to drive a
motor vehicle or a legible photographic
copy of the certificate;
(2) The certificate of driver's road
test issued to the driver pursuant to
§ 391.31(e) , or a copy of the license or
certificate which the motor carrier accepted as equivalent to the driver's road
test pursuant to § 391.31;
(3) The questions asked, the answers
the driver gave, and the certificate of
written examination issued to him pursuant to § 391.35, or a copy of a certificate
which the motor carrier accepted as
equivalent to a written examination pursuant to § 391.37; and
(4) The driver's name, his social security number, and the identification
number, type, and issuing State of his
motor vehicle operator's license.
(e) The qualification file for a driver
furnished by another motor carrier and
employed under the rules in § 391.65 must
§ 392.42 Notification of license revocainclude
tion.
§ 391.65 Drivers furnished by other. mo(1) The medical examiner's certificate
tor carriers.
A driver who receives a notice that his
of his physical qualification to drive a
(a) A motor carrier may employ a license, permit, or privilege to operate a
motor vehicle or a legible photographic
driver
who is not a regularly employed motor vehicle has been revoked, suscopy of the certificate; and
driver
of
that motor carrier without com- pended, or withdrawn shall notify the
(2) A copy of a certificate from the
plying
with
the rules in this part with motor carrier that employs him of the
motor carrier that regularly employs the
contents of the notice before the end of
driver stating that the driver is fully respect to the driver if
(1) The driver is a regularly employed the business day following the day he
qualified to drive a motor vehicle under
received ,it,
driver of another motor carrier;
the rules in this part,
(2) The motor carrier that regularly
(f) Except as provided in paragraph
V. Subchapter B of Chapter III in
(g) of this section, each driver's qualifi- employs the driver furnishes a certificate Title 49, CFR is amended by adding the
cation file shall be kept at the motor that the driver is fully qualified to drive following new Appendix C at the end of
carrier's principal place of business for as a motor vehicle under the rules in this
that subchapter.
long as a driver is employed by that part; and
APPENDIX C—QursTroNs TOR WarrrEtv Eitsluirtsvot4
motor carrier and for 3 years thereafter.
(g) Upon a request in writing to, and
As required In 11391.35, the written examination shall consist of a least 30 questions, and
with the approval of, the Director, a they shall be chosen in such manner as to test the examinee's knowledge of Parts 390-397
motor carrier may keep one or more of its of the Motor Carrier Safety Regulations.
drivers' qualification file or parts of files
Questions shall be taken from those formulated below and reproduced in such form
at a regional or terminal office that the and manner as to be answered, True or False. Each question is preceded by the applicable
Director approves.
section of the Motor Carrier Safety Regulations and the correct answer in parentheses.

Subpart

G--Exemptions

§ 391.61 Drivers who were regularly
employed before January 1, 1971.

The provisions of § 391,21 (relating to
applications for employment), § 391.23
(relating to investigations and inquiries) ,
§ 391.31 (relating to road tests) , and
§ 391.35 (relating to written examinations) do not apply to a driver who has
been a regularly employed driver (as
defined in § 395,2(f) of this subchapter)
of a motor carrier for a continuous period
which began before January 1, 1971, as
long as he continues to be a regularly
employed driver of that motor carrier.
Such a driver is qualified to drive a motor
vehicle if he fulfills the requirements
of subparagraphs (1) through (9) of
§ 391.11(b) (relating to qualifications of
drivers).
§ 391.63 Intermittent, casual, or
Si mud

OCCU.

drivers.
(a) If a motor carrier employs a person who is not a regularly employed

Sections
391.1(b)
(True)
391.1(c)
(True)
391.11(b) (1)
(True)
301.11(b) (2)
(True)
391.15(b) (2)
(Pelee)
391.15(b) (2)
(False)
391.41(a)
(True)
391.41(b) (3)
(True)
301.41(b) (10)
(False)
301.41(b) (10)
(True)
301.41(b) (11)
(False)
301.41(12)
(True)

Questions
A motor carrier may require drivers to meet additional or more
stringent requirements than those in the Federal regulations.
A motor carrier who employs himself as a driver mast comply
with both the rules in this part that apply to motor carriers and
the rules In this part that apply to drivers.
A driver engaged in over-the-road interstate transportation must
be at least 21 years of age.
A driver must be able to understand highway traffic signs in the
English language.
Under the Motor Carrier Safety Regulations, a driver's traffic record
does not affect his qualification to drive in interstate commerce.
A driver may drive a commercial vehicle in interstate commerce
if his State operator's license has been suspended.
A driver required to have a physical examination must carry on his
person the Medical Examiner's Certificate or a photographically
reproduced copy of the certificate whenever ho is on duty.
A person who has diabetes anti must take insulin for its control
Is not qualified to drive a commercial vehicle.
A driver who is color blind as to recta green, and amber is qualified
to drive.
A driver is qualified oven though ho must wear spectacles to meet

minimum vision requirements.

A driver is qtialifled oven though ho needs to use a hearing aid to
moot the minimum hearing level.
A driver may not be addicted to or use narcotics or habit-forming
drugs.

FEDERAL REGISTER, VOL. 35, NO. 70—WEDNESDAY, APRIL 22, 1970

RULES AND REGULATIONS

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RULES AND REGULATIONS