[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: 49CFR398.3]



[Page 487-488]

 

                        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.



[[Page 488]]



    (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 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]