How to answer "license ever been suspended" on empl application?

Absolutely 100%! In fact, this is covered by 391.1 (a)
The rules in this part establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on behalf of motor carriers. The rules in this part also establish minimum duties of motor carriers with respect to the qualifications of their drivers.

Then now what they mean by a CMV is covered by 390.5

Commercial Motor Vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle -
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

If a person is driving ANYTHING described above 391 with the exception of LCVs applies to you. This means your Non-CDL as well!

Generally to all, here is the reason the definition of a CMV found in 390 is applied to 391. If you study the 300 series rules found in title 49 CFR you see something interesting. Look at part 382 which sets up drug testing! In 382.103 (a)(1) the reg clearly refers to part 383. This means none CDL holders are not required by regs to drug test because 383 sets up the rules for CDLs. Now go look at part 395, you will see no definition of a CMV there. Then after 383, the next time a CMV is defined is found in part 390.

As @wis bang has stated and I will repeat, 391.21 means ALL driver's licenses held NOT just a CDL.

 

I appreciate your explanation and you make a very good point about consulting the FMCSA definitions but unless the question from the company states "under reg XXX.XX " or asks about other types of operator's license I'm not persuaded it is asking about passenger car DL. Probably the FMCSA , if they were asking the question, would have reason to expect an answer as you suggest. Plenty of applications at other companies frequently say at least once ALL OPERATOR LICENSE, or something to that effect. In contracts, ambiguity goes against the contract writer. The contract party knew what info they wanted and failed to explicitly include clarifying language. If the company made it clear they are asking about CDL and non-CDL operators licenses then those answers should include pre-CDL licenses.

 

Now you need to go all the way back to the OPs question.

The company is asking that question in compliance with 391.21 they even added the rule to the question. This makes it ALL Licenses! I agree a carrier is free to place whatever questions they want on an application. Still, those questions mandated by 391.21 MUST be there.

 

The questions on the application are mandated by the FMCSA; they just don't specify the format used but do mandate what needs to be included in the app.

 

OK, you're right.

 

In all honesty, Part 391 in my opinion is not written correctly. Because 391 has some LCV rules it is easy to go by the definition of a CMV found in Part 383. The primary problem with 391 is in my opinion 391.1. The Federal DOT made 391 a catch-all rule and did not include specific language inside 391.1 stating so. This sounds petty, but I know a guy that operates a transportation service that found out the hard way his drivers while not required to hold a CDL WERE required to comply with 391. Part 390 says 8 passengers for hire defines a CMV. This man now has all the things required by 391 in order.

My point is first thank you! Then to add most people will make that same mistake because of the crappy way the DOT makes their rules.