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                Guidelines and Driver Qualifications for Motor Carriers of Passengers - Parts 390 & 391
		

		
		
					
							
		
					
  Document
              brochure-parts-390and391_508CLN.pdf (185.18 KB)

		
					PART 390 - General Applicability and RegulationsGeneral ApplicabilityThe rules in 49 CFR Parts 390 – 399 are applicable to all employers, employees, and commercial motor vehicles (CMVs) which transport passengers in interstate commerce.ExceptionsUnless otherwise specifically provided, the operational safety regulations (physical qualification standards for drivers; driver’s hours-of-service; vehicle inspection; repair, and maintenance; etc.) do not apply to:All school bus operations as defined belowThe operation of CMVs designed or used to transport between 9 and 15 passengers (including the driver) not for compensation.Refer to § 390.3(f) for a complete listing of motor carrier operations that are not subject to the operational safety regulations.Definitions – § 390.5**Commercial motor vehicle** means any self-propelled or towed motor vehicle used on a highway in interstate commerceto transport passengers or property when the vehicle:Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; orIs designed or used to transport more than 8 passengers (including the driver) for compensation; orIs designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; orIs used in transporting hazardous material and transported in a quantity requiring placarding.**Interstate commerce** means trade, traffic, or transportation in the United States:Between a place in a State and a place outside of such State;Between two places in a State through another State or a place outside of the United States; orBetween two places in a State as part of trade, traffic or transportation originating or terminating outside the State or the United States.**School bus operation** means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home.Accident Register – § 390.15Motor carriers of passengers must maintain, for three years after the date an accident occurs, an accident register containing information required in § 390.15(b).Marking of CMVs – § 390.21Every CMV operated in interstate commerce is subject to the marking requirements as specified in § 390.21.PART 391 – Qualifications of DriversScope of the rules in this part – § 391.1The rules in this part establish minimum qualifications for persons who drive CMVs.General qualifications of drivers – § 391.11A person must not drive a CMV unless he or she is qualified to drive a CMV. These qualifications are outlined in § 391.11Disqualification of drivers – § 391.15A driver who is disqualified shall not drive a CMV. The types of disqualifications are:Disqualification for loss of driving privileges.Disqualification for certain criminal and other offenses.Disqualification for violation of out-of-service orders.Driver Qualification FilesEvery motor carrier must maintain a driver qualification file for each driver it employs.The file must include:Driver’s application for employmentInquiry to previous employers — driving record for last 3 years;Annual inquiry and review of driving record;Annual driver’s certification of violations and annual review;Driver’s road test and certificate, or the equivalent to the road test;Medical examiner’s certificate; andIf granted, a waiver of physical disqualification for a person with a loss or impairment of limbs as specified in § 391.49.Refer to § 391.51 for a complete list of required driver qualification file documents.Multiple-Employer Drivers – § 391.63If a motor carrier employs a driver, who in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier, the carrier need not:Require an application for employment:Make investigations and inquires;Perform the annual driving record inquiry;Perform the annual review of the person’s driving record; orRequire the person to furnish a record of violations or certificate.A part-time driver who does not work for another motor carrier is considered a single-employer driver and cannot use the limited exemption in § 391.63.
		
		

    
		
    
					Last updated: Tuesday, February 11, 2014 U.S. DEPARTMENT OF TRANSPORTATION

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