[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR398.3]

[Page 1254-1255]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 398_TRANSPORTATION OF MIGRANT WORKERS--Table of Contents
 
Sec. 398.3  Qualifications of drivers or operators.

    (a) Compliance required. Every motor carrier, and its officers, 
agents, representatives and employees who drive motor vehicles or are 
responsible for the hiring, supervision, training, assignment or 
dispatching of drivers shall comply and be conversant with the 
requirements of this part.
    (b) Minimum physical requirements. No person shall drive, nor shall 
any motor carrier require or permit any person to drive, any motor 
vehicle unless such person possesses the following minimum 
qualifications:
    (1) No loss of foot, leg, hand or arm,
    (2) No mental, nervous, organic, or functional disease, likely to 
interfere with safe driving.
    (3) No loss of fingers, impairment of use of foot, leg, fingers, 
hand or arm, or other structural defect or limitation, likely to 
interfere with safe driving.
    (4) Eyesight: Visual acuity of at least 20/40 (Snellen) in each eye 
either without glasses or by correction with glasses; form field of 
vision in the horizontal meridian shall not be less than a total of 140 
degrees; ability to distinguish colors red, green and yellow; drivers 
requiring correction by glasses shall wear properly prescribed glasses 
at all times when driving.
    (5) Hearing: Hearing shall not be less than 10/20 in the better ear, 
for conversational tones, without a hearing aid.
    (6) Liquor, narcotics and drugs: Shall not be addicted to the use of 
narcotics or habit forming drugs, or the excessive use of alcoholic 
beverages or liquors.
    (7) Initial and periodic physical examination of drivers: No person 
shall drive

[[Page 1255]]

nor shall any motor carrier require or permit any person to drive any 
motor vehicle unless within the immediately preceding 36 month period 
such person shall have been physically examined and shall have been 
certified in accordance with the provisions of paragraph (b)(8) of this 
section by a licensed doctor of medicine or osteopathy as meeting the 
requirements of this subsection.
    (8) Certificate of physical examination: Every motor carrier shall 
have in its files at its principal place of business for every driver 
employed or used by it a legible certificate of a licensed doctor of 
medicine or osteopathy based on a physical examination as required by 
paragraph (b)(7) of this section or a legible photographically 
reproduced copy thereof, and every driver shall have in his/her 
possession while driving, such a certificate or a photographically 
reproduced copy thereof covering himself/herself.
    (9) Doctor's certificate: The doctor's certificate shall certify as 
follows:

                          Doctor's Certificate

                       (Driver of Migrant Workers)

    This is to certify that I have this day examined -------------- in 
accordance with Sec. 398.3(b) of the Federal Motor Carrier Safety 
Regulations of the Federal Motor Carrier Safety Administration and that 
I find him/her
    Qualified under said rules [squ]
    Qualified only when wearing glasses [squ]
    I have kept on file in my office a completed examination.

________________________________________________________________________
                                                                  (Date)

                                                                 (Place)

                                         (Signature of examining doctor)
________________________________________________________________________
                                                     (Address of doctor)
Signature of driver_____________________________________________________
Address of driver_______________________________________________________

    (c) Minimum age and experience requirements. No person shall drive, 
nor shall any motor carrier require or permit any person to drive, any 
motor vehicle unless such person possesses the following minimum 
qualifications:
    (1) Age. Minimum age shall be 21 years.
    (2) Driving skill. Experience in driving some type of motor vehicle 
(including private automobiles) for not less than one year, including 
experience throughout the four seasons.
    (3) Knowledge of regulations. Familiarity with the rules and 
regulations prescribed in this part pertaining to the driving of motor 
vehicles.
    (4) Knowledge of English. Every driver shall be able to read and 
speak the English language sufficiently to understand highway traffic 
signs and signals and directions given in English and to respond to 
official inquiries.
    (5) Driver's permit. Possession of a valid permit qualifying the 
driver to operate the type of vehicle driven by him/her in the 
jurisdiction by which the permit is issued.

[33 FR 19765, Dec. 25, 1968, as amended at 40 FR 44557, Sept. 29, 1975]