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7.3.1 Common Questions About PMCPs (Non-business)

Questions often come up regarding whether or not PMCP (non-business) carriers are subject to specific regulations. Below are the three most often asked questions.

Are PMCP (non-business) drivers required to be medically examined?

No. 49 CFR 391.68(c) specifically states the content of sections 391.41 and 391.45, that require a driver to be medically examined and have a medical examiner’s certificate on his/her person, do not apply to PMCPs (non-business). However, PMCP (non-business) drivers are subject to the minimum physical qualification standards found in 49 CFR 391.41(b)(1)-(13).

PMCPs (non-business) that use a driver who has a lost or impaired limb should become familiar with the driver waiver conditions of 49 CFR 391.49. PMCP (non-business) drivers may be placed out-of-service during inspections if they are required by 49 CFR 391.41 to have a waiver and do not have one.

Are PMCP (non-business) drivers subject to the driver’s hours of service regulations?

Yes. However, they are not required to prepare or maintain records of duty status. PMCP (non-business) driver’s hours of service will be evaluated by enforcement officers during inspections based on evidence available at the inspection location.

It is recognized that some individuals who drive for PMCPs (non-business) may also drive for other motor carriers and in that capacity are required to maintain a record of duty status. All on-duty time performed for a PMCP (non-business) must be recorded on the records of duty status submitted to that driver’s regularly employing motor carrier.

Are PMCPs (non-business) required to have their vehicles inspected?

Yes. 49 CFR 396.17 requires that commercial motor vehicles be inspected at least once annually. The inspection must be completed by a qualified inspector and must include all components identified in Appendix G of the FMCSRs. Documentation of this inspection must be kept on the vehicle.

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