Part 391

Section § 391.65: Drivers furnished by other motor carriers.

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View regulations for Part 391 [11]

Question 1: May a nonmotor carrier which owns a CMV prepare the qualification certificate provided for in §391.65 [17]?

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 [17] 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 [17]?

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 [18].

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 [17]?

Guidance: No. The driver becomes a regularly employed driver of the second motor carrier and the exemption in §391.65 [17] is inapplicable.