(a) A motor carrier may employ a driver who is not a regularly employed driver of that motor carrier without complying with the generally applicable driver qualification file requirements in this part, if—
(1) The driver is regularly employed by another motor carrier; and
(2) The motor carrier which regularly employs the driver certifies that the driver is fully qualified to drive a commercial motor vehicle in a written statement which—
(i) Is signed and dated by an officer or authorized employee of the regularly employing carrier;
(ii) Contains the driver's name and signature;
(iii) Certifies that the driver has been regularly employed as defined in § 390.5 ;
(iv) Certifies that the driver is fully qualified to drive a commercial motor vehicle under the rules in part 391 of the Federal Motor Carrier Safety Regulations;
(v) States the expiration date of the driver's medical examiner's certificate;
(vi) Specifies an expiration date for the certificate, which shall be not longer than 2 years or, if earlier, the expiration date of the driver's current medical examiner's certificate; and
(vii) After April 1, 1977, is substantially in accordance with the following form:
(Name of driver)
(Signature of driver)
I certify that the above named driver, as defined in § 390.5 is regularly driving a commercial motor vehicle operated by the below named carrier and is fully qualified under part 391, Federal Motor Carrier Safety Regulations. His/her current medical examiner's certificate expires on ____ (Date)
This certificate expires:
(Date not later than expiration date of medical certificate)
Issued on ____ (date)
Issued by __________
(Name of carrier)
(b) A motor carrier that obtains a certificate in accordance with paragraph (a)(2) of this section shall:
(1) Contact the motor carrier which certified the driver's qualifications under this section to verify the validity of the certificate. This contact may be made in person, by telephone, or by letter.
(2) Retain a copy of that certificate in its files for three years.
(c) A motor carrier which certifies a driver's qualifications under this section shall be responsible for the accuracy of the certificate. The certificate is no longer valid if the driver leaves the employment of the motor carrier which issued the certificate or is no longer qualified under the rules in this part.
[41 FR 36656, Aug. 31, 1976, as amended at 53 FR 18057, May 19, 1988; 60 FR 38745, July 28, 1995; 63 FR 33278, June 18, 1998; 67 FR 61824, Oct. 2, 2002]
Title 49 published on 2012-10-01
The following are only the Rules published in the Federal Register after the published date of Title 49.
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This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.