(a) A person shall not drive a motor vehicle unless he or she is qualified to drive a motor vehicle. A motor carrier shall not require or permit a person to drive a motor vehicle unless that person is qualified to drive a motor vehicle.
(b) Except as provided in this chapter, a person is qualified to drive a motor vehicle if he or she:
(1) Meets one or more of the following:
A. Is at least eighteen years old when transporting intrastate property or passengers, except as provided in paragraphs (b)(1)B. and C. hereof.
B. Is at least sixteen years of age when acting as a farm vehicle driver as defined in 49 C.F.R. 390.5.
C. Is at least twenty-one years old when transporting hazardous materials in a quantity that requires the vehicle to be marked or placarded pursuant to the provisions of 49 C.F.R. Parts 100 to 180 in a cargo tank as defined in 49 C.F.R. 171.3, with a gross vehicle weight of more than 40,000 pounds.
(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.
(3) Can, by reason of experience or training, or both, safely operate the type of motor vehicle he or she drives.
(4) Can, by reason of experience or training, or both, determine whether the cargo being transported, including baggage in a passenger-carrying motor vehicle, has been properly located, distributed, and secured in or on the motor vehicle he or she drives.
(5) Is familiar with methods and procedures for securing cargo in or on the motor vehicle he or she drives.
(6) Is physically qualified to drive a motor vehicle in accordance with 49 C.F.R. 391.41 to 391.49.
(7) Has an appropriate valid license issued only from one state or jurisdiction.
(8) Has prepared and furnished the motor carrier that employs him or her with the list of violations or the certificate as required by 49 C.F.R. 391.27.
(9) Is not disqualified to drive a motor vehicle under 49 C.F.R. 391.15.
(10) Has successfully completed a driver's road test and has been issued a certificate of driver's road test in accordance with 49 C.F.R. 391.31, or has presented an operator's license or a certificate of road test which the motor carrier that employs him or her has accepted as equivalent to a road test in accordance with 49 C.F.R. 391.33.
(11) Has taken a written examination and has been issued a certificate of written examination in accordance with 49 C.F.R. 391.35, or has presented a certificate of written examination which the motor carrier that employs him or her has accepted as equivalent to a written examination in accordance with 49 C.F.R. 391.37.
(12) Has completed and furnished the motor carrier that employs him or her with an application for employment in accordance with 49 C.F.R. 391.21.
(Ord. 97-10. Passed 11-5-97.)