49 C.F.R. Subpart G—Limited Exemptions
Title 49 - Transportation
The provisions of §391.21 (relating to applications for employment), §391.23 (relating to investigations and inquiries), and §391.33 (relating to road tests) do not apply to a driver who has been a single-employer driver (as defined in §390.5 of this subchapter) of a motor carrier for a continuous period which began before January 1, 1971, as long as he/she continues to be a single-employer driver of that motor carrier. [63 FR 33278, June 18, 1998] The provisions of §§391.11(b)(1) and 391.41(b)(1) through (b)(11) do not apply to a person who: (a) Was otherwise qualified to operate and operated a commercial motor vehicle in a municipality or exempt intracity zone thereof throughout the one-year period ending November 18, 1988; (b) Meets all the other requirements of this section; (c) Operates wholly within the exempt intracity zone (as defined in 49 CFR 390.5); (d) Does not operate a vehicle used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under 49 U.S.C. chapter 51.; and (e) Has a medical or physical condition which: (1) Would have prevented such person from operating a commercial motor vehicle under the Federal Motor Carrier Safety Regulations contained in this subchapter; (2) Existed on July 1, 1988, or at the time of the first required physical examination after that date; and (3) The examining physician has determined this condition has not substantially worsened since July 1, 1988, or at the time of the first required physical examination after that date. [61 FR 13346, Mar. 26, 1996; 61 FR 17253, Apr. 19, 1996] (a) If a motor carrier employs a person as a multiple-employer driver (as defined in §390.5 of this subchapter), 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 driving record inquiry required by §391.25(a); (4) Perform the annual review of the person's driving record required by §391.25(b); or (5) Require the person to furnish a record of violations or a certificate in accordance with §391.27. (b) Before a motor carrier permits a multiple-employer driver to drive a commercial motor vehicle, the motor carrier must obtain his/her name, his/her social security number, and the identification number, type and issuing State of his/her commercial motor vehicle operator's license. The motor carrier must maintain this information for three years after employment of the multiple-employer driver ceases. [63 FR 33278, June 18, 1998] (a) The provisions of §391.41(b)(3) do not apply to a driver who was a participant in good standing on March 31, 1996, in a waiver study program concerning the operation of commercial motor vehicles by insulin-controlled diabetic drivers; provided: (1) The driver is physically examined every year, including an examination by a board-certified/eligible endocrinologist attesting to the fact that the driver is: (i) Otherwise qualified under §391.41; (ii) Free of insulin reactions (an individual is free of insulin reactions if that individual does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one documented, symptomatic hypoglycemic reaction per month); (iii) Able to and has demonstrated willingness to properly monitor and manage his/her diabetes; and (iv) Not likely to suffer any diminution in driving ability due to his/her diabetic condition. (2) The driver agrees to and complies with the following conditions: (i) A source of rapidly absorbable glucose shalll be carried at all times while driving; (ii) Blood glucose levels shall be self-monitored one hour prior to driving and at least once every four hours while driving or on duty prior to driving using a portable glucose monitoring device equipped with a computerized memory; (iii) Submit blood glucose logs to the endocrinologist or medical examiner at the annual examination or when otherwise directed by an authorized agent of the FMCSA; (iv) Provide a copy of the endocrinologist's report to the medical examiner at the time of the annual medical examination; and (v) Provide a copy of the annual medical certification to the employer for retention in the driver's qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State or local enforcement official. (b) The provisions of §391.41(b)(10) do not apply to a driver who was a participant in good standing on March 31, 1996, in a waiver study program concerning the operation of commercial motor vehicles by drivers with visual impairment in one eye; provided: (1) The driver is physically examined every year, including an examination by an ophthalmologist or optometrist attesting to the fact that the driver: (i) Is otherwise qualified under §391.41; and (ii) Continues to measure at least 20/40 (Snellen) in the better eye. (2) The driver provides a copy of the ophthalmologist or optometrist report to the medical examiner at the time of the annual medical examination. (3) The driver provides a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized federal, state or local enforcement official. [61 FR 13346, Mar. 26, 1996] (a) A motor carrier may employ a driver who is not a regularly employed driver of that motor carrier without complying with the generally applicable driver qualification file requirements in this part, if— (1) The driver is regularly employed by another motor carrier; and (2) The motor carrier which regularly employs the driver 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 regularly employing carrier; (ii) Contains the driver's name and signature; (iii) Certifies that the driver has been regularly employed as defined in §390.5; (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) After April 1, 1977, is substantially in accordance with the following form: I certify that the above named driver, as defined in §390.5 is regularly 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) (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] The following rules in this part do not apply to a farm vehicle driver (as defined in §390.5 of this subchapter) who is 18 years of age or older and who drives an articulated commercial motor vehicle: (a) Section 391.11(b)(1), (b)(6) and (b)(8) (relating to general qualifications of drivers); (b) Subpart C (relating to disclosure of, investigation into, and inquiries about the background, character, and driving record of drivers); (c) Subpart D (relating to road tests); and (d) Subpart F (relating to maintenance of files and records). [63 FR 33278, June 18, 1998] The following rules in this part do not apply to a private motor carrier of passengers (nonbusiness) and its drivers: (a) Section 391.11(b)(1), (b)(6) and (b)(8) (relating to general qualifications of drivers); (b) Subpart C (relating to disclosure of, investigation into, and inquiries about the background, character, and driving record of, drivers); (c) So much of §§391.41 and 391.45 as require a driver to be medically examined and to have a medical examiner's certificate on his/her person; and (d) Subpart F (relating to maintenance of files and records). [63 FR 33278, June 18, 1998] The provisions of §391.21 (relating to applications for employment), §391.23 (relating to investigations and inquiries), and §391.31 (relating to road tests) do not apply to a driver who was a single-employer driver (as defined in §390.5 of this subchapter) of a private motor carrier of passengers (business) as of July 1, 1994, so long as the driver continues to be a single-employer driver of that motor carrier. [63 FR 33278, June 18, 1998]
Title 49: Transportation
PART 391—QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS
Subpart G—Limited Exemptions
§ 391.61 Drivers who were regularly employed before January 1, 1971.
§ 391.62 Limited exemptions for intra-city zone drivers.
§ 391.63 Multiple-employer drivers.
§ 391.64 Grandfathering for certain drivers participating in vision and diabetes waiver study programs.
§ 391.65 Drivers furnished by other motor carriers.
§ 391.67 Farm vehicle drivers of articulated commercial motor vehicles.
§ 391.68 Private motor carrier of passengers (nonbusiness).
§ 391.69 Private motor carrier of passengers (business).
§ 391.71 [Reserved]
