To what extent must a motor carrier review a driver’s overall driving record to comply with the requirements of § 391.25?

NOTE:  This guidance was rescinded on May 9, 2022, and is no longer in effect.  Please see revised guidance FMCSA-DQ-391.25-Q001(2022-03-09).

FMCSA-DQ-391.25-Q001

§ 391.25 Annual inquiry and review of driving record.

Guidance Q...

Question 1: Who makes the determination, the driver or carrier, that conditions are sufficiently dangerous to warrant discontinuing the operation of a CMV?

§392.14 Hazardous conditions; extreme caution.    

Question 1: Who makes the determination, the driver or carrier, that conditions are sufficiently dangerous to warrant discontinuing the operation of a CMV?

Guidance: Under this section, the...

Question 1: Is §392.10(a)(4) applicable to drivers operating cargo tank vehicles that were used to transport hazardous materials for which placarding or marking was required, but are no longer required because the cargo tank has been emptied, or the quant

§392.10 Railroad grade crossings; stopping required.   

Question 1: Is §392.10(a)(4) applicable to drivers operating cargo tank vehicles that were used to transport hazardous materials for which placarding or marking was required, but are no longer...

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?

§391.65 Drivers furnished by other motor carriers.

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?

Guidance...

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?

§391.65 Drivers furnished by other motor carriers.

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?

Guidance: No. If the motor carrier...

When a motor carrier receives a request for driver information from another motor carrier about a former or current driver, is it required to supply the requested information?

§391.23 Investigations and inquiries.

Question 1: When a motor carrier receives a request for driver information from another motor carrier about a former or current driver, is it required to supply the requested information?

Guidance: Generally...

Question 2: May the certificate of qualification as prescribed by §391.65 be incorporated into another carrier’s forms such as a lease and/or interchange agreement?

§391.65 Drivers furnished by other motor carriers.

Question 2: May the certificate of qualification as prescribed by §391.65 be incorporated into another carrier’s forms such as a lease and/or interchange agreement?

Guidance: Yes. However,...

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

§391.21 Application for employment.

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...

§391.21(b)(11) requires that an application for employment contain 10 years of prior employment information on the driver.

§391.21 Application for employment.

Question 3: §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...

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?

§391.21 Application for employment.

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...