Driver Qualification Process: Multiple Employer Drivers [Updated 2019]

How does the Federal Motor Carrier Safety Administration address the use of a driver by multiple employers?

Answer: Yes, this situation is addressed in a number of ways throughout the regulations; however, it is confusing.  Drivers that work part time, fall into a number of classifications:
 

1. Drivers that work for multiple employers on a regular basis.  
2. Drivers who are regularly employed by a motor carrier and occasionally drive for another motor carrier. 
3. An employee of a non-motor carrier and who occasionally or part time drives.

First let’s look at the driver qualification process:
 

Multiple Employer Drivers

Multiple-employer driver means a driver, who in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier. This definition applies to a driver who regularly works part time for two or more employers.
If a motor carrier employs a person as a multiple-employer driver (as defined in §390.5 of this subchapter), the motor carrier shall comply with all requirements of this part, except that the motor carrier need not:

• Require the person to furnish an application for employment in accordance with §391.21;
• Make the investigations and inquiries specified in §391.23 with respect to that person;
• Perform the annual driving record inquiry required by §391.25(a);
• (a)(4) Perform the annual review of the person's driving record required by §391.25(b); or
• (a)(5) Require the person to furnish a record of violations or a certificate in accordance with §391.27.
• (b) Before a motor carrier permits a multiple-employer driver to drive a commercial motor vehicle, the motor carrier must obtain his/her name, his/her social security number, and the identification number, type and issuing State of his/her commercial motor vehicle operator's license. The motor carrier must maintain this information for 3 years after employment of the multiple-employer driver ceases.

A driver who is regularly employed by a motor carrier and occasionally works for another motor carrier.

§391.65(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:

The driver is regularly employed by another motor carrier; and
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—
 

• Is signed and dated by an officer or authorized employee of the regularly employing carrier;
• Contains the driver's name and signature;
• Certifies that the driver has been regularly employed as defined in §390.5;
• 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;
• States the expiration date of the driver's medical examiner's certificate;
• Specifies an expiration date for the certificate, which shall be not longer that 2 years or, if earlier, the expiration date of the driver's current medical examiner's certificate; and

A motor carrier that obtains a certificate in accordance with paragraph (a)(2) of this section shall:

• 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.
• Retain a copy of that certificate in its files for three years.

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.