(h) Employee means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who:
- (1) Directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier; and
- (2) Is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment.
- (3) The term includes an individual formerly performing the work described above or an applicant for such work.