Download GlobalPOS Concorde 15' C driver windows 7 / 10
Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.
Question 1: Since 49 CFR 391.49 does not mandate a Skill Performance Evaluation, does the term "performance standard" mean that the State must give a driving test or other Skill Performance Evaluation to the driver for every waiver issued or does this term mean that, depending upon the medical condition, the State may give some other type of performance test? For example, in the case of a vision waiver, would a vision examination suffice as a performance standard?
A consortium will often manage the DOT random testing programs of several employers, including those of owner-operators who are not permitted to manage random testing themselves. Consortiums that manage owner-operator programs play a very unique service agent role. While §40.355(k) prohibits service agents from serving as "designated employer representatives" (DER), the consortium is authorized to perform a number of employer functions in cases of owner-operators, and single driver employers.
While there are no DOT qualification requirements for a consortium or third-party administrator, the expectation is that they know all of the employer requirements and responsibilities under 49 CFR Part 40 and Part 382, including the related requirements of Part 383 (CDL Licensing), Part 391 (Driver Qualifications), and Part 392 (Driving of Commercial Motor Vehicles). Employers hire C/TPAs to keep them safe and in regulatory compliance.
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