§391.21 Application for
Employment
Question 1: If a driver submits an application for
employment and has someone else type, write, or print the answers to the questions
for him and he signs the application, does this constitute a valid application?
Guidance: Yes. The applicant, by signing the
application, certifies that all entries on it and information therein are true
and complete to the best of the applicant's knowledge.
Question 2: Is there a prescribed or
specified form that must be used when a driver applies for employment, or can a
carrier develop its own application?
Guidance: There is no specified form to be used in
an application for employment. Carriers may develop their own forms, which may
be tailored to their specific needs. The application form must, at the minimum,
contain the information specified in §391.21(b).
Question 3:
Section 391.21(b)(11) requires that an application for employment
contain 10 years of prior employment information on the driver. If a foreign
motor carrier's home country requires that an application for employment
contain only five years of data, will a foreign carrier need to change its
application to collect 10 years of data? Will the foreign carrier be required
to go back and collect 10 years of data on its current drivers? What will a
Guidance: A
foreign motor carrier would not be required to collect 10 years of prior
employment information as long as a foreign driver has an appropriate foreign
commercial driver's license, i.e., (1) the Licencia Federal
de Conductor (
Question 4: Must a driver's application for employment include a social security number (SSN), as required by section 391.21(b)(2), if the applicant has religious objections to the SSN and the Social Security Administration does not require him or her to hold such a number? [Editor's Note]
Guidance: No. [Editor's Note]