Just because a truck driver may have a commercial driver’s license does not mean they are qualified to drive truck. The Federal Motor Carrier Safety Administration prohibits anyone from driving a commercial motor vehicle unless they are qualified to drive a commercial motor vehicle. The FMCSA sets forth the qualifications for drivers in 49 C.F.R. Part 391. Having a Commercial Driver’s License (“CDL”) is not sufficient qualification to drive a CMV, in and of itself.
The general qualifications for drivers by the FMCSA are found at 49 C.F.R. § 391.11(b). A person is qualified to drive a motor vehicle if they are:
(1) At least 21 years of age;
(2) Can read and understand English well enough to understand traffic signs, speak with police and motor carrier enforcement and to properly make reports and records;
(3) Can, by training or experience, safely operate the type of CMV they drive;
(4) Is physically/medically qualified to drive a CMV in accordance with the requirements listed later, in subpart E;
(5) Has a valid CDL from one state (and only one state);
(6) Has prepared and furnished the motor carrier that employs the driver a list of motor vehicle violations or the certificate as required by § 391.27;
(7) Is not disqualified under the rules in § 391.15; and
(8) Has successfully completed a driver’s road test and has a certificate of driver’s road test, as outlined in § 391.31, or has presented a CDL or a certificate of road test that the motor carrier that employs them has accepted as equivalent to a road test, per § 391.33.
What do all of these mean?
Well, number 1 is fairly clear: A driver must be at least 21 years old.
Number 2 is also fairly clear; however, there is case law out there that holds that the requirements are essentially that the driver can communicate in English, rather than strictly speak, allowing for drivers who are unable to speak due to some physical ailment.
Number 3, essentially, requires that a driver have the training or experience to drive whatever type of CMV he is driving, i.e. a tanker, double/triple trailers, a passenger CMV, Hazmat, etc. This is mostly covered by endorsements to a driver’s CDL. However, sometimes drivers do not have experience with certain aspect of all CMVs. For instance, they may not have taken the CDL skills test in a vehicle with air brakes, or they may have taken the CDL skills test in an automatic vehicle. In situations like that, a person may not drive certain CMVs. They might not be permitted to drive a manual transmission CMV, for instance. 49 C.F.R. §§ 383.93 and 383.95 provide examples; however, it should be noted that nothing in 391.11(b)(3) expressly limits the regulation to the types of CMVs addressed in Part 383.
Number 4 is the regulation that requires drivers to have passed a DoT physical. A discussion of the physical/medical qualification requirements to drive truck could take up an entire presentation in and of itself. The physical qualifications and the regulations regarding DoT medical examiners and exams can be found in §§ 391.41-391.49. However, § 391.43 is of particular use, at least for now; because it includes forms that provide advisory guidance on medical qualification for examiners. Unfortunately, those forms were phased out in December of 2015. The new forms do not include the advisory guidance pages from the prior forms. It appears that the FMCSA is in the process of updating the advisory guidance. For the time being, though, the CFR still provides both forms, including the advisory guidance pages from the first form.
Number 5 is self-explanatory; however it is useful to debunk the notion frequently put forth by defendant motor carriers that its driver was qualified to drive their trucks because he had a CDL. As mentioned above, a CDL alone does not qualify a person to drive a CMV. A CDL is merely the first step.
Number 6 requires drivers to provide motor carriers with a yearly record of all motor vehicle traffic violations they’ve been convicted of in the past 12 months. If the driver has had none, they must sign and provide a certification that they had no violations in the past 12 months. The details for this requirement and for the language of the certificate can be found in § 391.27.
Number 7 requires that a driver is not disqualified under the rules in § 391.15, which outlines a number of criteria that disqualifies a driver from operating a CMV. These include having your CDL revoked, suspended, or withdrawn, being convicted of driving under the influence of alcohol while operating a CMV (only requires a 0.04 blood alcohol level), driving under the influence of Schedule I controlled substances, transportation, possession or unlawful use of a Schedule I controlled substance while on duty, leaving the scene of an accident while operating a CMV or a felony involving the use of a CMV. Operating a CMV while under an out-of-service order is also disqualifying, as is being convicted of texting while driving a CMV or using a hand-held mobile device while driving a CMV. § 391.15 goes into much more detail, including the length of time a person is disqualified for the various offenses.
Number 8 requires a driver to complete and pass a road test before a motor carrier may permit them to drive a CMV. The requirements and details for the road test are found in § 391.31. However, § 391.33 permits a motor carrier to accept a valid CDL from a state that requires a road test to obtain a CDL or a copy of a valid certificate of driver’s road test issued to the driver within the previous three years. Most, if not all states, require a road test in order to obtain a CDL these days.
It is important to hire a Truck Accident Attorney who is familiar with these rules and knows what to investigate about the truck driver.