Except as provided in this chapter, a person shall not drive a motor
vehicle unless he or she has first successfully completed a road test and
has been issued a certificate of driver's road test in accordance with
49 CFR 391.31.
Except as provided in this chapter, a person shall not drive a motor
vehicle unless he or she has first taken a written examination and has been
issued a certificate of written examination in accordance with 49 CFR 391.35.
A person shall not drive a motor vehicle unless he or she is physically
qualified to do so and, except as provided by this chapter, has on his or
her person the original or a photographic copy of a medical examiner's
certificate that he or she is physically qualified to drive a motor vehicle.
Except as provided in this chapter, the following persons must be medically
examined and certified in accordance with 49 CFR 391.43 as physically qualified
to drive a motor vehicle:
A. Any person who has not been medically examined and certified
as physically qualified to drive a motor vehicle.
B. Any driver who has not been medically examined and certified
as qualified to drive a motor vehicle during the preceding 25 months.
C. Any driver whose ability to perform his normal duties
has been impaired by a physical or mental injury or disease.
An applicant who was denied in whole or in part his or her application
for a waiver of physical defect under this chapter or conflict of medical
evaluation under 49 CFR 391.47 may make an appeal for review by contacting
the Motor Carrier Division of the Department of State Police.
The provisions of 49 CFR 391.23(a)(2) and (c) relating to the investigation
of the driver's past employment do not apply to a person who becomes
a driver for a motor carrier after being a full-time employee of the motor
carrier for a minimum of three years before becoming a driver.
The provisions of 49 CFR 391.21 relating to application for employment, 49 CFR 391.23 relating to investigations and inquiries, 49 CFR 391.31 relating to road tests, 49 CFR 391.35 relating to written examinations, 49 CFR 391.41 to 391.45 to the extent that they require a driver to be medically qualified to examine and to have a medical examiner's certificate on his or her person, and Article
II relating to the maintenance of files and records do not apply to a driver of a vehicle eligible for displaying a farm registration plate.
The provisions of this chapter do not apply to a mechanic who services
motor-carrier equipment during the intrastate operation of this equipment
when:
A. The vehicle or combinations are not being used to transport
passengers or property or any for-hire or compensated transportation, including
paid haulage when the units are empty.
B. The mechanic is not otherwise being used as a regularly
employed driver.
This chapter and 49 CFR Part 391 do not apply to utility, telephone
and cable television company service employees if those employees:
A. Are not otherwise being used as regularly employed drivers.
B. Are not used to operate a bus or a motor vehicle, except
a motor home, having a gross vehicle weight rating of 36,000 or more pounds,
a motor vehicle towing a vehicle with a gross vehicle weight rating of more
than 10,000 pounds or a motor vehicle carrying hazardous material and on which
is required to be posted a placard as defined and required under 49 CFR Parts
100 to 180. This does not include a vehicle used exclusively to transport
personal possessions or family members for nonbusiness purposes.
The rules in 49 CFR Part 395 apply to all drivers of commercial motor vehicles as defined in §
199-1, except:
A. Farm vehicle drivers as defined in 49 CFR 390.5.
C. Utility, telephone and cable television company service employees as defined in §
199-19.
D. Any driver of a public utility service vehicle when being
used in cases of emergency.