What does 49 CFR 391.61 (Drivers who were regularly employed before January 1, 1971) require?

Short answer

49 CFR 391.61 requires that drivers who were regularly employed before January 1, 1971, be exempt from certain provisions, including applications for employment, investigations and inquiries, and road tests, as long as they continue to be single-employer drivers of the same motor carrier.

The rule says

"The provisions of 391.21 (relating to applications for employment), 391.23 (relating to investigations and inquiries), and 391.31 (relating to road tests) do not apply to a driver who has been a single-employer driver (as defined in 390.5 of this subchapter) of a motor carrier for a continuous period which began before January 1, 1971, as long as he/she continues to be a single-employer driver of that motor carrier." (49 CFR 391.61)

In plain English

This exemption applies to drivers who have been continuously employed by the same motor carrier since before January 1, 1971. As long as they remain with the same carrier, they are not required to undergo the usual application, investigation, and road test procedures. This exemption is intended to grandfather in long-term employees who have already demonstrated their qualifications and safety record.

What to do

• Verify the driver's employment history to ensure they meet the exemption criteria.
• Maintain documentation of the driver's continuous employment with the motor carrier.
• Ensure the driver continues to meet all other applicable safety regulations and requirements.
• Review and update the driver's qualification file as necessary to ensure compliance with all relevant regulations.