- § 391.2
- § 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
- § 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
- § 391.65
Drivers furnished by other motor carriers.
Part 391Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.
The regulations text of the section can be found on the eCFR website. To view the regulations text, use the link below. For assistance, please send an email to FMCSA.Webmaster@dot.gov.
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.