[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR391.21]

[Page 328-329]
 
                        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;
    (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

[[Page 329]]

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]