The Complete - Foley

The CompleteDriver Qualification HandbookYour Step-by-Step Guide to Complying with Regulation Part 391

File Creation

IntroductionYour drivers are one of your most valuable assets. They help to keep your business not only running, but successful and thriving.

Still, it’s a common complaint that good, reliable, hard-working people can be hard to find.

Particularly among businesses that hire drivers, that challenge is compounded by a number of factors: the general stress that comes from the driver lifestyle, the driver shortage, the graying of the current workforce, and ultimately, the significant growth that is expected in the industry in the coming decades.

So, when you do go through the process of finding and hiring a new driver – and you find someone that you’re excited to bring on board with your company, it’s important that you get the process right. Not only will this ensure that you’re able to get the relationship started on a positive note, but also that you’re hiring compliantly.

Remember, as a business operating under the Department of Transportation’s (DOT’s) Federal Motor Carrier Safety Administration (FMCSA), there are hiring processes you

MUST have in place to comply with 49 CFR Part 391 –

Qualifications of Drivers and Longer Combination Vehicle

(LCV) Driver Instructors. There are also best practices you SHOULD follow – including running criminal background screens – to ensure you recruit and retain the best possible drivers for your business.

Within this ebook, you’ll find a step-by-step guide to hiring and onboarding the best drivers for your business – so that you can complete the process as quickly and compliantly as possible.

The Complete D

river Qualification H

andbook (Part 1) • 2

page document, Regulation Part 391 provides guidance on the federal requirements related to hiring and retaining drivers. It primarily covers:

What is Regulation Part 391?

Regulation Part 391 helps ensure that all federally-regulated motor carriers are qualified to be on our nation’s roadways –in terms of their physical health, professional experience and motor vehicle record. These regulations apply to any carrier, no matter how many drivers they employ, that operates a vehicle involved in interstate commerce that:

As an owner operator, you must serve as both the boss and an employee for your business. This means that you must perform the duties of a carrier by keeping detailed records on your drivers and doing follow-up screenings and regular tests as required. You must also follow all the same rules for yourself as a driver. You can self-manage when it comes to your application, background checks, medical certificate, drug testing and annual reviews. However, you must have a qualified person other than yourself administer your road test.

Weighs at least 10,001 pounds

Carries more than 9 passengers

Transports materials deemed hazardous under the Hazardous Materials Transportation Act

Qualification and Disqualification of Drivers

Background and Character

Tests

Physical Qualifications and Examinations

Files and Records

The Complete D



In the

40+

Driver Application

Step 1

1

The Application Process

There are specific rules for how you collect information from candidates. To comply with DOT regulations, the application must be signed and dated by the applicant and include the following information. Upon hire, this application kicks off the required background check process and becomes part of the Driver Qualification File (to be discussed more later).

Your business name and address

The applicant’s name, address, date of birth and Social Security Number, as well as any other addresses at which they’ve resided in the past three years.

The issuing state, number and expiration date of each valid commercial motor vehicle license or permit held by the applicant.

A detailed account of the applicant’s experience operating a motor vehicle, including the type of vehicle they operated.

A detailed list of all accidents the applicant was involved with in the past three years. This must include the date, nature of the crash and whether there were any fatalities or personal injuries sustained.

The Complete D



2

3

4

5

Name and Contact Information

Employee Alerts & Notifications

Carson Johnny

Crain Nell

Cusack

A list of all of the applicant’s motor vehicle violations in the past three years (not including parking).

A statement detailing the facts and circumstances of any denial, revocation or suspension of license, permit or privilege to operate a motor vehicle (or a statement certifying that no such circumstance occurred).

A list of all the applicant’s employers over the last three years, including the dates employed, reason for leaving and whether they were subject to Federal Motor Carrier Safety Regulations (FMCSRs) while employed; also, whether their job was designated as a safety-sensitive function in any DOT-regulated mode subject to alcohol and controlled substances testing requirements.

The names and addresses of all CMV employers that the applicant worked for in the seven years prior to the three-year period documented above, along with the dates of employment and reason for leaving each company.

Certification that the application was completed by the driver and is accurate and complete to the best of his/her knowledge.

The Complete D



6

7

8

9

10

Employee Driver File

Carson Johnny

The Complete D



Applicant Rights

Because the information contained in this application will be used as part of the required background screening process, drivers must also be given a Summary of Rights. This summary informs drivers that they have the right to review information provided by previous employers, as well as to dispute any findings. This could require a previous employer to resend the correct information, or, if an agreement can’t be made, allow the driver to include a rebuttal statement with the information. Drivers can submit a written request immediately upon applying or up to 30 days after being employed or denied employment. Prospective employers must provide information within 5 business days of the request.

Driver Qualification

Step 2

Verify Basic Requirements

As stipulated by the FMCSA, all commercial motor vehicle drivers must meet the following qualifications. All of these details should be easily verifiable through the application and interview process:

Be at least 21 years old

Has the ability to read and speak English so to converse with officials and the general public and fill out reports and records

Has successfully completed and received a road test certificate (or equivalent)

The Complete D



Is physically qualified to drive a CMV and has a valid medical certificate

Has a valid CMV license

Has provided the carrier with a list of violations for the past 12 months or a recent Driver’s Certification

Has a solid understanding of cargo securement in regard to the CMV being driven

In addition to meeting the above prerequisites, none of the following can be true of any candidate you consider:

Drug and alcohol-related offenses that

occurred while on duty

A suspended, revoked or denied

CMV license

A history of leaving the scene of an accident while driving a CMV

A prior felony involving the use

of a CMV

The Complete D



Requirements Verification

Step 3

Conduct the DOT-Required Background Check Process

Verifying the information on the application is a critical part of the hiring process. All of the information collected must be saved and filed away securely. It’s important to note here that any information discovered through this process can only be used for employment purposes. Steps must also be taken to protect the privacy of the driver by ensuring no one sees this information unless they’re directly involved in the hiring process.

The applicant must provide you with written consent before you’re able to request any information from prior employers about their work or violation history. If they refuse to give consent, they cannot be legally allowed to operate a motor vehicle for your company.

Important:

The Complete D



Here is the information you must obtain – or make a good faith effort to obtain – during the background check process:

Request a Motor Vehicle Report in each state where the driver has held a motor vehicle operator’s license or permit in the last three years.

Contact all the applicant’s DOT-regulated employers from the past three years to learn as much as you can about their previous work history. This includes verifying dates of employment, accidents the applicant was involved in, whether they had any drug or alcohol violations in the past three years, and whether they failed to complete a prescribed drug and alcohol rehabilitation program. This investigation may take place through personal interviews, telephone interviews, letters or email.

You must document and keep all responses obtained through this process, along with each employer’s name, address and the date you contacted them. If you’re unable to reach the employer, you must also document all attempts to receive the required information.

And in the case of a new driver where there is no MVR information or DOT-regulated employment history? The absence of information must be documented and saved, as well.

The Complete D



Are you FCRA Compliant?When hiring a driver, it’s important to keep in mind that it’s not just FMCSA compliance you need to consider, but FCRA compliance, as well. From protecting against discrimination to providing applicants with a disclosure and Summary of Rights, there are steps you must take every time you prepare to run a background check on a prospective employee.

Not following the required steps can land you in legal hot water, so it’s critical that you understand - and follow these steps correctly.

FCRA compliance is a topic for another ebook. If you have specific questions about compliant background screening practices, and how they apply to your business, please call (860) 815-0764.

File CreationStep 4

The Driver Qualification File (DQF) must include:

Application for Employment

Motor Vehicle Report (MVR)

Certificate of Road Test

Medical Examination Report

Medical Examiner’s National Registry Verification

Skill Performance Evaluation Certificate Application

The Safety Performance History (SPH) file must include:

The Complete D



Create the Required Files

At this point in the process, you will have compiled a great deal of information about your new driver – information that now needs to be organized into two folders to comply with DOT regulations:

Both of these files must be created and 100% complete within 30 days of a new driver’s employment.

A Driver Qualification File

A Safety Performance History (or Driver Investigation History)

The Complete D



1

2

3

4

5

6Run a Thorough Background Check

Record of Previous Employers Contacted

Driver’s Written Authorization to Release Information

Recruiting and Retaining Drivers • 16

Once these files are created, they must be kept for the duration of the driver’s employment and for three years thereafter. Per DOT regulations, it’s important that the Safety Performance History information be kept in a secure location with limited access.

The Driver Qualification File will need to be maintained on an ongoing basis. As part of this process, you must carefully monitor document expiration dates and run an annual MVR for the driver. We’ll discuss the management of these files in an upcoming ebook.

The Complete D


andbook (Part 1) • 16The Com

plete Driver Q

ualification Handbook (Part 1) • 16

The Case for Going DigitalMaking the switch from paper to digital files saves time and helps protect you against noncompliance as all of your documents are safely stored in a single, online location. So once your files are created, there’s no risk of paperwork being misplaced or files going missing.

When you go digital with Foley, we’ll also maintain the files on an ongoing basis by pulling annual MVRs and alerting you when a driver’s license or medical card requires an update. By automating your driver file creation and maintenance processes, you’ll be able to focus on building a successful business - rather than juggling expiration dates and paperwork requirements.

Best PracticesStep 5

Running a search on a new driver through the Commercial Driver’s License Information System (CDLIS) verifies that the CDL history information provided on the application is thorough and accurate.

This nationwide database provides details on all active licenses, as well as three prior licenses and where they were held. Through a CDLIS search, employers are able to investigate any driving information that was left off the application – giving a more accurate and comprehensive view of the person’s motor vehicle history.


As anyone in business knows, success comes from not just doing the minimum, but going above and beyond. So, while there are a number of checks you aren’t required to do, it’s important to include them as a best practice in hiring the right people for your team.

As a first step in this process, you should rely on a Consumer Reporting Agency (CRA) versus an online database, as CRAs are regulated by the Fair Credit Reporting Act (FCRA). This serves to protect both you and the consumer because the FCRA stipulates just how consumer information can be used.

Commercial Driver’s License Information System (CDLIS)


While prior employment verifications will give you a good amount of data in regard to your driver’s record as a motor carrier, it doesn’t provide the level of detail you’ll get through the FMCSA’s Pre-Employment Screening Program (PSP). Instead of just three years of employment information, a PSP will provide 5 years’ worth of crash data, as well as 3 years of inspection history, to help you make the safest hiring decisions for your business.

Although criminal background checks aren’t required by the DOT, they are an important part of hiring any new employee. Through this process, you’ll be able to look into the history of each driver to search for felony, misdemeanor or other offenses at the county, state and federal levels. Whether your drivers are transporting valuable freight or passengers, this process is an important first step in protecting your business and its customers.

FMCSA Pre-Employment Screening Program (PSP)

Criminal Background Check

Moving Forward

Step 6

We’ll dive into the specifics of managing these files – as well as maintaining a safe and productive workforce – in a future ebook.

Now that your background checks and driver files are complete, it’s important to note that there will be steps you’ll need to take on an ongoing basis to ensure these files stay compliant. With reports to gather and expiration dates to watch, this process requires a high level of organization – especially for larger fleets with many drivers to manage.

The Complete D



RecruitStart by using our pre-built, DOT compliant application to gather information on interested candidates – directly from the job sites they visit most. Each time an application is submitted, it will post instantly to your portal account for your review.

ScreenOnce you’ve selected a candidate, we’ll use the information gathered through the application above to jumpstart all of your driver’s screening needs – from prior employee verifications to DOT physicals and drug screens. Not only will you be fulfilling a DOT requirement, but you’ll get a comprehensive look into each prospective employee’s past.

ComplyWe’ll automatically use the information gathered above to fulfill your driver’s onboarding requirements. We’ll then manage their compliance on an ongoing basis by both proactively processing reports when they’re due and providing guidance and alerts when action is required on your behalf.

Lightning Fast Driver Recruiting & Compliance

One Platform. One Partner. No Worries.

(860) 815-3974

The Complete - Foley

Documents

Transcript of The Complete - Foley