[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR391.21]



[Page 323-324]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 391_QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS--Table of Contents

 

                   Subpart C_Background and Character

 

Sec. 391.21  Application for employment.





    (a) Except as provided in subpart G of this part, a person shall not 

drive a commercial motor vehicle unless he/she has completed and 

furnished the motor carrier that employs him/her with an application for 

employment that meets the requirements of paragraph (b) of this section.

    (b) The application for employment shall be made on a form furnished 

by the motor carrier. Each application form must be completed by the 

applicant, must be signed by him/her, and must contain the following 

information:

    (1) The name and address of the employing motor carrier;

    (2) The applicant's name, address, date of birth, and social 

security number;

    (3) The addresses at which the applicant has resided during the 3 

years preceding the date on which the application is submitted;

    (4) The date on which the application is submitted;



[[Page 324]]



    (5) The issuing State, number, and expiration date of each unexpired 

commercial motor vehicle operator's license or permit that has been 

issued to the applicant;

    (6) The nature and extent of the applicant's experience in the 

operation of motor vehicles, including the type of equipment (such as 

buses, trucks, truck tractors, semitrailers, full trailers, and pole 

trailers) which he/she has operated;

    (7) A list of all motor vehicle accidents in which the applicant was 

involved during the 3 years preceding the date the application is 

submitted, specifying the date and nature of each accident and any 

fatalities or personal injuries it caused;

    (8) A list of all violations of motor vehicle laws or ordinances 

(other than violations involving only parking) of which the applicant 

was convicted or forfeited bond or collateral during the 3 years 

preceding the date the application is submitted;

    (9) A statement setting forth in detail the facts and circumstances 

of any denial, revocation, or suspension of any license, permit, or 

privilege to operate a motor vehicle that has been issued to the 

applicant, or a statement that no such denial, revocation, or suspension 

has occurred;

    (10)(i) A list of the names and addresses of the applicant's 

employers during the 3 years preceding the date the application is 

submitted,

    (ii) The dates he or she was employed by that employer,

    (iii) The reason for leaving the employ of that employer,

    (iv) After October 29, 2004, whether the (A) Applicant was subject 

to the FMCSRs while employed by that previous employer,

    (B) Job was designated as a safety sensitive function in any DOT 

regulated mode subject to alcohol and controlled substances testing 

requirements as required by 49 CFR part 40;

    (11) For those drivers applying to operate a commercial motor 

vehicle as defined by Part 383 of this subchapter, a list of the names 

and addresses of the applicant's employers during the 7-year period 

preceding the 3 years contained in paragraph (b)(10) of this section for 

which the applicant was an operator of a commercial motor vehicle, 

together with the dates of employment and the reasons for leaving such 

employment; and

    (12) The following certification and signature line, which must 

appear at the end of the application form and be signed by the 

applicant:



    This certifies that this application was completed by me, and that 

all entries on it and information in it are true and complete to the 

best of my knowledge.

________________________________________________________________________

                                                                  (Date)

________________________________________________________________________

                                                 (Applicant's signature)



    (c) A motor carrier may require an applicant to provide information 

in addition to the information required by paragraph (b) of this section 

on the application form.

    (d) Before an application is submitted, the motor carrier must 

inform the applicant that the information he/she provides in accordance 

with paragraph (b)(10) of this section may be used, and the applicant's 

previous employers will be contacted, for the purpose of investigating 

the applicant's safety performance history information as required by 

paragraphs (d) and (e) of Sec. 391.23. The prospective employer must 

also notify the driver in writing of his/her due process rights as 

specified in Sec. 391.23(i) regarding information received as a result 

of these investigations.



[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 52 

FR 20589, June 1, 1987; 60 FR 38744, July 28, 1995; 69 FR 16719, Mar. 

30, 2004]