Regulatory Text of 49 CFR Part 391.11:
§ 391.11 General qualifications of drivers.
(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle.
(b) Except as provided in subpart G of this part, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.
(c) Except as provided in subpart G of this part, a motor carrier shall not hire a person to drive a commercial motor vehicle unless the person is qualified to drive a commercial motor vehicle.
(d) The employing motor carrier shall, at least once every 12 months, review the driving record of each driver it employs to determine whether that driver meets the minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to § 391.15.
(e) The provisions of this section apply to all employers and employees operating commercial motor vehicles, including employers and employees who are exempt pursuant to § 390.3(f), and employees who are not within the scope of bargaining agreements.
(f) A person is qualified to drive a motor vehicle if he/she—
(1) Is at least 21 years old;
(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;
(3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;
(4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part, and
(5) Has a currently valid commercial motor vehicle operator's license issued only by one State or jurisdiction.
(g) Except as provided in § 391.63, a person is disqualified from driving a commercial motor vehicle if he/she—
(1) Is disqualified under the provisions of § 391.15;
(2) Has lost the privilege to operate a commercial motor vehicle under § 391.15(f) or (h), § 391.25, or § 391.27;
(3) Is disqualified under § 391.51(a);
(4) Has been disqualified from operating a commercial motor vehicle under part 383, 384, or 385 of this chapter, or
(5) Has a driver's license which is revoked, suspended, or canceled by a State, has lost the right to operate a commercial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle for any period, by a State.
(h) Whenever a question arises concerning a driver's qualifications to operate a commercial motor vehicle, the driver shall have the burden of proving that he/she is qualified.
(i) A motor carrier may require a driver to provide the information and certification contained in a driver qualification file under § 391.51 as part of the hiring process.
(j) A motor carrier must obtain a copy of the motor vehicle record(s) (MVR) from each State in which a driver who operates a commercial motor vehicle is licensed or has been permitted to apply for a commercial motor vehicle license.
(k) Before a motor carrier permits a driver to operate a commercial motor vehicle, the motor carrier shall make an inquiry to obtain the motor vehicle record(s) from each State in which the driver held a motor vehicle operator's license or permit in the past 3 years.
Plain English Summary of 49 CFR Part 391.11:
49 CFR Part 391.11 outlines the general qualifications required for individuals who want to drive commercial motor vehicles (CMVs). Here's a simplified explanation of what this regulation means and who it applies to:
Who It Applies To:
This regulation applies to anyone involved in the operation of commercial motor vehicles, including both employers and employees. This includes individuals who are exempt from some regulations and those who are not covered by collective bargaining agreements.
Driver Qualifications:
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Age Requirement: To drive a commercial motor vehicle, a person must be at least 21 years old.
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Language Proficiency: Drivers must be able to read and speak English well enough to communicate with the public, understand traffic signs, respond to official inquiries, and maintain records.
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Skills and Training: Drivers must have the experience and training necessary to safely operate the specific type of commercial motor vehicle they intend to drive.
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Physical Fitness: Drivers must meet physical qualification standards as outlined in subpart E of the regulation.
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Valid License: Drivers must possess a valid commercial motor vehicle operator's license issued by a single state or jurisdiction.
Driver Disqualification:
A person can be disqualified from driving a commercial motor vehicle if they:
- Are disqualified under specific provisions of § 391.15.
- Lose their privilege to operate a commercial motor vehicle due to various reasons mentioned in the regulation.
- Are disqualified under § 391.51(a).
- Face disqualification under other parts of the regulations (part 383, 384, or 385) or if their driver's license is revoked, suspended, or canceled by a state.
Driver Responsibility:
When questions arise regarding a driver's qualifications, the driver is responsible for demonstrating that they meet the requirements.
Driver Qualification Files:
Motor carriers may require drivers to provide specific information and certifications as part of the hiring process.
Motor Vehicle Records (MVR):
Before allowing a driver to operate a commercial motor vehicle, the motor carrier must obtain the driver's motor vehicle record from each state where the driver held a license or permit in the past three years.
In essence, this regulation ensures that individuals driving commercial motor vehicles are qualified, physically fit, and possess the necessary skills to do so safely. It also sets standards for language proficiency and license validity, with the goal of enhancing road safety in the transportation industry.
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