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  • § 391.2
    General exceptions.
  • § 391.11
    General qualifications of drivers.
  • § 391.15
    Disqualification of drivers.
  • § 391.21
    Application for employment.
  • § 391.23
    Investigation and inquiries.
  • § 391.25
    Annual inquiry and review of driving record.
  • § 391.27
    Record of violations.
  • § 391.31
    Road test.
  • § 391.33
    Equivalent of road test.
  • § 391.41
    Physical qualifications for drivers.
  • § 391.43
    Medical examination; certificate of physical examination.
  • § 391.45
    Persons who must be medically examined and certified.
  • § 391.47
    Resolution of conflicts of medical evaluation.
  • § 391.49
    Alternative physical qualification standards for the loss or impairment of limbs.
  • § 391.51
    General requirements for driver qualification files.
  • § 391.63
    Multiple-employer drivers.
  • § 391.65
    Drivers furnished by other motor carriers.

Part 391

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View the regulations for Part 391

Guidance for § 391.11: General qualifications of drivers.

Question 1: Is there a maximum age limit for driving in interstate commerce?

Guidance: The FMCSRs do not specify any maximum age limit for drivers.

Question 2: Does the age requirement in §391.11(b)(1) apply to CMV drivers involved entirely in intrastate commerce?

Guidance: No. Neither the CDL requirements in part 383 nor the FMCSRs in parts 390-399 require drivers engaged purely in intrastate commerce to be 21 years old. The States may set lower age thresholds for intrastate drivers.

Question 3: What effect does the Age Discrimination in Employment Act have on the minimum age requirement for an interstate driver?

Guidance: None. The Age Discrimination in Employment Act, 29 U.S.C. 621-634, recognizes an exception when age is a bona fide occupational qualification. 29 U.S.C. 623(f)(1).

Question 4: May a motor carrier be exempt from driver qualification requirements by hiring a driver leasing company or temporary help service?

Guidance: No. The FMCSRs apply to, and impose responsibilities on, motor carriers and their drivers. The FHWA does not regulate driver leasing companies or temporary help service companies.

Question 5: May a motor carrier lawfully permit a person not yet qualified as a driver in accordance with §391.11 to operate a vehicle in interstate commerce for the purpose of attending a training and indoctrination course in the operation of that specific vehicle?

Guidance: No. If the trip is in interstate commerce, the driver must be fully qualified to operate a CMV.

Question 6: Does the Military Selective Service Act of 1967 require a motor carrier to place a returning veteran in his/her previous position (driving interstate) even though he/she fails to meet minimum physical standards?

Guidance: No. The Act does not require a motor carrier to place a returning veteran who does not meet the minimum physical standards into his/her previous driving position. The returning veteran must meet the physical requirements and obtain a medical examiner’s certificate before driving in interstate operations.

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