(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in § 391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.
(b) Except as provided in subpart G of this part, a person is qualified to drive a motor vehicle if he/she—
(1) Is at least 21 years old;
(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;
(3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;
(4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part;
(5) Has a currently valid commercial motor vehicle operator's license issued only by one State or jurisdiction;
(6) Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15; and
(7) Has successfully completed a driver's road test and has been issued a certificate of driver's road test in accordance with § 391.31, or has presented an operator's license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with § 391.33.
[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 35 FR 19181, Dec. 18, 1970; 36 FR 222, Jan. 7, 1971, 36 FR 24220, Dec. 22, 1971; 45 FR 46424, July 10, 1980; 52 FR 20589, June 1, 1987; 59 FR 60323, Nov. 23, 1994; 60 FR 38744, 38745, July 28, 1995; 63 FR 33276, June 18, 1998; 87 FR 13208, Mar. 9, 2022]
Notes of Decisions
Cited in
75
cases (
22 in the last 5 years), 1979–2026 · leading case:
TXI Transp. Co. v. Hughes, 224 S.W.3d 870 (Tex. App. 2007).
TXI Transp. Co. v. Hughes, 224 S.W.3d 870 (Tex. App. 2007).
· cites it 4× “resident] and the applicant is a resident of a foreign jurisdiction); see also 49 C.F.R. § 391.11 (b)(5) (2005) (requiring motor carrier driver to have valid commercial driver's license).”
Albertson's, Inc. v. Kirkingburg, 527 U.S. 555 (1999).
· cites it 2× “" 49 CFR § 391.11 (1999). But by the same token, DOT's regulations bind respondent, who "shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle.”
Jimmie Williams v. J.B. Hunt Transp., Inc., 826 F.3d 806 (5th Cir. 2016).
· cites it 2× “” 1 49 C.F.R. § 391.11 . To be “physically qualified,” a driver must meet certain “physical qualification standards” and also “compl[y] with the medical examination requirements in § 391.”
Tate v. Farmland Indus., Inc., 268 F.3d 989 (10th Cir. 2001).
· cites it 2× “” 49 C.F.R. § 391.11 (a). B. DOT regulations state that a person is physically qualified to drive a CMV if that person has no clinical diagnosis of a condition likely to cause “loss of ability to control” a CMV.”
Sandoval v. Hagan, 7 F. Supp. 2d 1234 (M.D. Ala. 1998).
· cites it 4× “The belief dovetails with 49 C.F.R. § 391.11 (b)(2)’s focus on the understanding *1301 of traffic signs and signals and responding to official inquiries.”
Paige Parr, a minor, by & through her Conservator, Janett Waid, Jerimy Morehead, & Charles Parr v. Charles Breeden, Wendy Cogdill, & Melanie Buttry, 489 S.W.3d 774 (Mo. 2016).
“The Federal Motor Carrier Safety Regulations prohibit a motor carrier, such as Breeden Transportation, from allowing a driver to operate a commercial motor vehicle when the driver is not physically qualified, which requires the driver to not have a history of or be currently…”
Charles Harris v. P.A.M. Transp., Inc. P.A.M. Transp. Servs., Inc., 339 F.3d 635 (8th Cir. 2003).
“The Supreme Court described the relationship between DOT standards for physical qualification and the elements of an ADA claim: When Congress enacted the ADA, it recognized that federal safety rules would limit application of the ADA as a matter of law.”
Hawkins v. Schwan's Home Serv., Inc., 778 F.3d 877 (10th Cir. 2015).
“Its requirement stems directly from the federal motor-safety regulations, which preclude a person from “driving] a commercial motor vehicle unless he/she is qualified to drive,” 49 C.F.R. § 391.11 (a), by, inter alia, being “medically certified as physically qualified to do so,”…”
Hollywood Trucking, Inc. v. Watters, 895 N.E.2d 3 (Ill. App. Ct. 2008).
· cites it 2× “]" 49 C.F.R. § 391.11 (a), (b)(4) (2005). In order for a certificate of physical examination to be issued, a medical examiner is required to examine a prospective driver and record the results in accordance with several instructions, including in pertinent part the following: "…”
Caspers Constr. Co. v. Nebraska State Patrol, 700 N.W.2d 587 (Neb. 2005).
· cites it 2× “However, during oral argument before this court, Caspers conceded to a third violation dealing with the use of a commercial motor vehicle not periodically inspected, limiting its challenge to 17 of the 20 violations it was found to have committed.”
Songer v. Dillon Resources, Inc., 618 F.3d 467 (5th Cir. 2010).
“The requirements included; (1) meeting the general qualification for commercial truck drivers, 49 C.F.R. § 391.11 — . 15; (2) submitting to required background and character investigations, id.”
— 49 C.F.R. § 391.11(a) — 2 cases
Tate v. Farmland Indus., Inc., 268 F.3d 989 (10th Cir. 2001).
“” 49 C.F.R. § 391.11 (a). B. DOT regulations state that a person is physically qualified to drive a CMV if that person has no clinical diagnosis of a condition likely to cause “loss of ability to control” a CMV.”
— 49 C.F.R. § 391.11(b)(2) — 1 case
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