The Border Center WasteWatcher
About WasteWatcher
WasteWatcher Tutorial
Procedures at Port of Entry
Entry-Related Information
Federal Regulations
State Laws
Michigan Solid Waste Landfill Database
WasteWatcher News
Additional Resources
Home

Truck Driver's Guidebook
 
 
Driver Qualifications
49 CFR, Part 391 & Michigan Vehicle Code

Table of Contents

State and federal safety regulations require drivers of commercial motor vehicles (see definitions) to meet certain minimum standards. Motor carriers (employers) must document and maintain each driver's qualifications in a driver qualification file. A motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified. A motor carrier who employs himself/herself as a driver must comply with both the rules that apply to motor carriers and the rules that apply to drivers.

The qualified driver must:

  • Be at least 21-years-old to operate in interstate commerce
  • Be at least 18-years-old to operate in intrastate commerce
  • Be at least 21-years-old to transport hazardous material if the vehicle requires placarding
  • Read, speak and understand the English language well enough to communicate with the general public and regulatory officials, and to respond to inquiries and make entries on reports and records
  • Be able to operate the commercial motor vehicle safely
  • Have the ability and training to safely load and secure cargo
  • Possess a valid driver's license for the type of vehicle he/she is to operate

A driver qualification file must contain, but is not limited to:

  • A driver's application for employment
  • Inquiries to and responses from past employers
  • A copy of the driver's motor vehicle report obtained from the Michigan Department of State (annual)
  • The driver's report of violations (annual)
  • Employer's review of driving record (annual)
  • A valid Medical Examiner's Certificate or waiver
  • Proof of a road test or equivalent

(Michigan requires a copy of a valid driver's license to be in the file of an intrastate driver.)

NOTE: Some drivers may be partially or totally exempt from driver qualifications. For further information on driver qualifications, contact the Center at (800) 682-4682.

Disqualifying offense for drivers:

A driver who is disqualified shall not drive a commercial motor vehicle and a motor carrier shall not require or permit a disqualified driver to drive a commercial motor vehicle. Disqualifying offenses are contained in FMCSR, Parts 391 and 383, and include, but are not limited to:

  • Revocation or suspension of driving privileges
  • Driving under the influence of drugs and/or alcohol
  • Leaving the scene of an accident involving a commercial motor vehicle
  • Commission of a felony involving the use of a commercial motor vehicle
  • Speeding
  • Reckless driving
  • Improper or erratic traffic lane changes
  • Following a vehicle too closely
  • Railroad crossing violations

It is critical that drivers and motor carriers understand disqualifying offenses and the disqualification periods associated with them since, so long as the carrier knew or should have known of a driver's disqualifying offense, the carrier is prohibited from using the driver during the disqualification period.

Driver Record Subscription Service

The Driver Record Subscription Service provides a company with the driving record of its employees on an annual basis and more frequently when there are any violations, restrictions, suspensions or revocations posted to the record.

To order driver motor vehicle reports:
MIchigan Department of State
7064 Crowner Drive
Lansing, MI 48909
(517) 322-6281 or
(517) 322-1544
email: commericalservices@michigan.gov

To order driver motor vehicle reports:
Michigan Department of State
7064 Crowner Drive
Lansing, MI 48918-0002
(517) 322-1166
commercial services@michigan.gov

Table of Contents

Due to frequent changes in federal and state regulations, the Michigan Center for Truck Safety cannot ensure the accuracy of the material contained in the Guidebook beyond the date of publication. For current information, contact the Center at (800) 682-4682. This document is not intended for legal purposes.


Site Map | About | Ports of Entry | Entry-Related Info | Federal Regulations | State Laws | Landfill Database | News | Resources
Please visit our other Border Center sites for more information on environmental regulations.
Mexican Border Canadian Border Other Border Issues