• The basic content of driver applications is specified in 391.21, but the actual form is left to the company’s discretion.
• Although carriers may be tempted, they should avoid using DOT-regulated driver applications for non-regulated driving jobs.

The basic content of driver applications is specified in 391.21, though the actual form is left to the company’s discretion. A company can ask for more information than is required, but at a minimum, the application for employment must contain:

• Name and address of the employing motor carrier;
• Applicant’s name, address, date of birth, and Social Security number;
• Applicant’s address(es) for three years preceding date of application;
• Date of application;
• Issuing driver’s licensing authority, number, and expiration date of applicant’s operator’s license;
• Nature and extent of applicant’s experience operating motor vehicles;
• List of all motor vehicle accidents involving applicant during last three years;
• List of all violated motor vehicle laws and ordinances applicant was convicted of or forfeited bond or collateral for during the last three years;
• A statement detailing facts and circumstances of any denial, revocation, or suspension of any license, permit, or privilege to operate a motor vehicle issued to the applicant, or a statement that no such denial, revocation, or suspension has occurred;
• List of the names and addresses of applicant’s employers during the last three years, including dates of employment and reason(s) for leaving.
  • If applicants will operate a commercial motor vehicle (CMV) that has a gross vehicle weight rating (GVWR) of 26,001 pounds or more, is designed to carry more than 15 people, or is any size used to carry hazardous materials, they must also list employment for which they operated a CMV during the seven years preceding the three years mentioned above;
• For each previous employer listed on the application, an indication of:
  • Whether the applicant was subject to the FMCSRs while employed by that previous employer, and
  • Whether the job was designated as a safety-sensitive function subject to the drug and alcohol testing requirements of Part 40; and
• The certification statement that the information supplied is correct, and the applicant’s signature line and a date line.

Although not a required part of the application, the company must notify applicants prior to their submission of the application that the information supplied for previous employers may be used to contact them along with their due process rights to contest inaccurate or false information. The regulations provide for the inclusion of additional information requests as part of the applications, so the notification can be part of the application alongside other desired information.

Human Resource department concerns

The Federal Motor Carrier Safety Regulations (FMCSRs) lay out specific application requirements for hiring drivers, from when the application must be completed to the exact information that must be requested. By contrast, federal employment law says very little about non-driving job applications.

Carriers might be tempted to use the same application for everyone, but this is discouraged. Not only is much of the driving-related information irrelevant to non-driving positions, but some of the other fields, like date of birth, Social Security number, and address history, could put employers at risk for claims of discrimination.