49 C.F.R. § 391.21

Application for employment

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(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 driver's licensing authority, 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 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 § 391.23. The prospective employer must also notify the driver in writing of his/her due process rights as specified in § 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; 87 FR 13208, Mar. 9, 2022]

Notes of Decisions

Cited in 20 cases (2 in the last 5 years), 1975–2021 · leading case: Carberry v. Golden Hawk Transp. Co., 402 S.W.3d 556 (Ky. Ct. App. 2013).

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Carberry v. Golden Hawk Transp. Co., 402 S.W.3d 556 (Ky. Ct. App. 2013). · cites it 4× “25 8 and complete an extensive ten-year employment history check to satisfy 49 CFR § 391.21 . Golden Hawk opposed any change to the award of summary judgment, arguing none of the grounds listed in CR 9 59.”

Anthony C. Kenney v. Swift Transp., Inc., 347 F.3d 1041 (8th Cir. 2003). · cites it 2× “Swift argues Kenney’s application was inadequate as a matter of law under 49 C.F.R. § 391.21 (b)(10). The Code of Federal Regulations requires commercial truck drivers to furnish their employers with three years of employment history before hitting the road.”

Cassara v. DAC Servs., Inc., 276 F.3d 1210 (10th Cir. 2002). · cites it 3× “49 C.F.R. § 391.21 (b)(6)-(8) (2000). A driver applicant must 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 applicant,” as well as furnish a list “of the…”

TXI Transp. Co. v. Hughes, 224 S.W.3d 870 (Tex. App. 2007). · cites it 2× “49 C.F.R. §§ 391.21 , .23 (2004); Guidry v.”

Morris v. JTM Materials, Inc., 78 S.W.3d 28 (Tex. App. 2002). “-Austin 1997, no writ); 49 C.F.R. §§ 391.21 , 391.23 (2000). The purpose of this duty is to promote highway safety and prevent motor vehicle accidents.”

Guidry v. Nat'l Freight, Inc., 944 S.W.2d 807 (Tex. App. 1997). · cites it 2× “2 See 49 C.F.R. § 391.21 (1996). The purpose of this regulatory duty imposed upon long-haul commercial carriers, however, is to promote highway safety and prevent motor vehicle accidents, not to prevent general criminal activity.”

Holcombe v. Helena Chem. Co., 238 F. Supp. 3d 767 (D.S.C. 2017). “Holcombe’s Motion to Determine the Sufficiency of Helena Chemical’s Response to a Request for Admission In the course of discovery, Holcombe asked Helena Chemical to admit the following statement: 49 C.F.R. § 391.21 prohibits a person from driving a commercial motor vehicle for…”

McFarland & Son, Inc. v. Basel, 727 So. 2d 266 (Fla. 5th DCA 1999). “49 C.F.R. § 391.21 . McFarland & Son, Inc.”

Nat'l Labor Relations Bd. v. A. Duie Pyle, Inc., 606 F.2d 379 (3rd Cir. 1979). “They require that the company obtain from a prospective driver a written application and proof that he has passed a physical examination, 49 C.F.R. §§ 391.21 , 391.41, 391.51 (1978), and administer to him road tests and written examinations, 49 C.”

Weber v. Leaseway Dedicated Logistics, Inc., 5 F. Supp. 2d 1219 (D. Kan. 1998). · cites it 2× “49 C.F.R. § 391.21 (a) & (b)(2) (1997). Plaintiff argues that, under 49 C.”

Nat'l Labor Relations Bd. v. Deaton, Inc., 502 F.2d 1221 (5th Cir. 1975). “49 C.F.R. §§ 391.21 and 391.23 require Deaton to make certain inquiries, but the record shows that Deaton went farther than was required.”

Krieg v. Seybold, 427 F. Supp. 2d 842 (N.D. Ind. 2006). “49 C.F.R. § 391.21 (a) and (b)(5). The Regulations further provide that every person and all employers of such persons who operate a “commercial motor vehicle” in commerce in any State is subject to the commercial driver’s license requirements in federal law and regulations.”

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