How do multiple-employer driver rules work under 49 CFR 391.63?

Short answer

A motor carrier employing a multiple-employer driver must comply with all requirements of 49 CFR part 391, except for certain exemptions. The exemptions include not requiring the driver to furnish an application for employment, not making investigations and inquiries, not performing annual driving record inquiries, and not performing annual reviews of the driver's driving record.

The rule says

"The motor carrier shall comply with all requirements of this part, except that the motor carrier need not (1) Require the person to furnish an application for employment in accordance with 391.21; (2) Make the investigations and inquiries specified in 391.23 with respect to that person; (3) Perform the annual driving record inquiry required by 391.25(a); or (4) Perform the annual review of the person's driving record required by 391.25(b)." (49 CFR 391.63(a))

In plain English

When a motor carrier hires a driver who works for multiple employers, they don't have to do all the usual background checks and paperwork. However, they still need to get basic information from the driver, like their name, social security number, and commercial driver's license details. The motor carrier must also keep this information on file for three years after the driver stops working for them. This rule helps simplify the process for drivers who work for multiple companies, but still ensures that motor carriers have some basic information about the drivers they're hiring.

What to do

• Obtain the driver's name, social security number, and commercial driver's license details before allowing them to drive.
• Maintain this information in the driver's file for three years after employment ceases.
• Ensure compliance with all other requirements of 49 CFR part 391, except for the specified exemptions.
• Verify the driver's qualifications and certifications, even if they are not required to furnish an application for employment or undergo investigations and inquiries.