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InstituteDriver qualificationsDrivers qualification (DQ file)Driving RecordsIn Depth (Level 3)EnglishAnalysisFocus AreaUSA

Electronic signatures

['Driver qualifications']
Electronic signatures
  • E-signatures can be made with a mouse, stylus, or touchscreen.

According to 390.5, an electronic signature must authenticate a person’s identity and show them what they are agreeing to. They can:

  • Sign with a script signature created using a stylus, mouse, or touchscreen; or
  • Validate the document using a unique username and login created for the site.

The Federal Motor Carrier Safety Administration (FMCSA) discusses the use of e-signatures in 390.32 in terms of:

  • Applicability. This applies to documents that anyone is required to retain, regardless of if FMCSA requires them to be produced or displayed to FMCSA staff or other entitled parties.
    • This does not apply to documents that must be submitted directly to FMCSA.
  • Electronic records or documents. Anyone required to generate, maintain, or exchange documents to satisfy Parts 300-399 may use electronic methods to satisfy those requirements.
  • Electronic signatures. Anyone required to sign or certify a document to satisfy Parts 300-399 may use an electronic signature and may sign using any available technology that otherwise satisfies FMCSA’s requirements.
  • Requirements. Anyone may use documents signed, certified, generated, maintained, or exchanged using electronic methods if the information is accurate.
    • They do not, however, satisfy the requirements if they are:
      • Not capable of being retained,
      • Not used for the purpose for which they were created, or
      • Cannot be accurately reproduced within the required timeframes when an entitled party requests them.
    • They also do not satisfy the requirements if they do not include proof of consent to use electronically generated records or documents.

Employers should keep in mind that for documents such as the driver application and safety performance history (SPH), they need a script because the identity cannot be authenticated any other way. This is especially true for the SPH inquiry because the former employer must release the information. This may be achieved through an actual signature, a mouse, or a stylus.

:
driver-qualifications
FOUNDATIONAL LEARNING
InstituteIn Depth Sub Topics (Level 4)Driver qualificationsDrivers qualification (DQ file)Driving RecordsDriver qualification and hiringPrevious employer check - Motor CarrierEnglishAnalysisFocus AreaUSA

Additional considerations

InstituteIn Depth Sub Topics (Level 4)Driver qualificationsDrivers qualification (DQ file)Driving RecordsDriver qualification and hiringPrevious employer check - Motor CarrierEnglishAnalysisFocus AreaUSA

Is a Pre-employment Screening Program (PSP) report required?

InstituteIn Depth Sub Topics (Level 4)Driver qualificationsDriving RecordsMedical waivers and exemptions - Motor CarrierDriver qualification and hiringEnglishAnalysisFocus AreaUSA

What medical certification proof must be in the DQ file?

Electronic signatures
  • E-signatures can be made with a mouse, stylus, or touchscreen.

According to 390.5, an electronic signature must authenticate a person’s identity and show them what they are agreeing to. They can:

  • Sign with a script signature created using a stylus, mouse, or touchscreen; or
  • Validate the document using a unique username and login created for the site.

The Federal Motor Carrier Safety Administration (FMCSA) discusses the use of e-signatures in 390.32 in terms of:

  • Applicability. This applies to documents that anyone is required to retain, regardless of if FMCSA requires them to be produced or displayed to FMCSA staff or other entitled parties.
    • This does not apply to documents that must be submitted directly to FMCSA.
  • Electronic records or documents. Anyone required to generate, maintain, or exchange documents to satisfy Parts 300-399 may use electronic methods to satisfy those requirements.
  • Electronic signatures. Anyone required to sign or certify a document to satisfy Parts 300-399 may use an electronic signature and may sign using any available technology that otherwise satisfies FMCSA’s requirements.
  • Requirements. Anyone may use documents signed, certified, generated, maintained, or exchanged using electronic methods if the information is accurate.
    • They do not, however, satisfy the requirements if they are:
      • Not capable of being retained,
      • Not used for the purpose for which they were created, or
      • Cannot be accurately reproduced within the required timeframes when an entitled party requests them.
    • They also do not satisfy the requirements if they do not include proof of consent to use electronically generated records or documents.

Employers should keep in mind that for documents such as the driver application and safety performance history (SPH), they need a script because the identity cannot be authenticated any other way. This is especially true for the SPH inquiry because the former employer must release the information. This may be achieved through an actual signature, a mouse, or a stylus.

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