Are You Sharing Your Driver With Another Company?
Does the Federal Motor
Carrier Safety Administration address the use of a driver by
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:
that work for multiple employers on a regular basis.
who are regularly employed by a motor carrier and occasionally
drive for another motor carrier.
employee of a non-motor carrier and who occasionally or part
let's take a look at the driver qualification process:
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:
the person to furnish an application for employment in
accordance with §391.21;
the investigations and inquiries specified in §391.23 with
respect to that person;
the annual driving record inquiry required by §391.25(a);
Perform the annual review of the person's driving record
required by §391.25(b); or
Require the person to furnish a record of violations or a
certificate in accordance with §391.27.
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.
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:
driver is regularly employed by another motor carrier; and
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-
signed and dated by an officer or authorized employee of the
regularly employing carrier;
the driver's name and signature;
that the driver has been regularly employed as defined in
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;
the expiration date of the driver's medical examiner's
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
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
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.
employee of a non-motor carrier who occasionally or part time
drives for a motor carrier:
A person who drives for
one motor carrier (even if it is only one day a month) would not
meet the definition of an intermittent, casual, or occasional
driver. The motor carrier must fully qualify the driver and
maintain a qualification file as a regularly employed driver.
With all of that
regulation said, it is still in the best interest of a motor
carrier and the best liability protection to require all drivers
regardless of employment status to complete a full qualification
process with a complete file on each and every driver that operates
a commercial motor vehicle.
how does the Drug and Alcohol testing regulations address a shared
Keep in mind that Drug and
Alcohol regulations apply to drivers that operate commercial motor
vehicles in excess 26,000 lbs GVWR or are transporting HM in
placardable quantities or passengers.
There is an exception to pre-employment testing found in CFR
382.301. However, there are many requirements to the
exception and basically you are relying on the compliance of
another motor carrier for your own compliance. As a better
practice and your best liability protection, administer a
Pre-employment Drug screen to all new drivers regardless of
Random Testing: When a
driver works for two or more employers, in whose random pool must
the driver be included? Answer: The driver must be in the
pool of each employer for which the driver works.
All other testing,
post-accident, reasonable suspicion and follow-up testing would
apply as any other driver.
finally, how do the Hours of Service regulations apply to shared
Drivers used by more than
one motor carrier:
When the services of a
driver are used by more than one motor carrier during any 24 hour
period in effect at the driver's home terminal, the driver shall
submit a copy of the record of duty status to each motor carrier.
The record shall include:
duty time for the entire 24 hour period;
name of each motor carrier served by the driver during that
beginning and finishing time, including a.m. or p.m., worked
for each carrier.
Motor carriers, when using
a driver for the first time or intermittently, shall obtain from
the driver a signed statement giving the total time on duty during
the immediately preceding 7 days and the time at which the driver
was last relieved from duty prior to beginning work for the motor