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How are rehires handled?
  • When drivers are rehired, some items from their original DQ or Driver Investigation History (DIH) files can be reused.
  • Others must be recreated.

When drivers leave a company and are then rehired, there may be some items in their original driver qualification (DQ) or DIH file that can be reused despite being considered new hires by the Federal Motor Carrier Safety Administration (FMCSA). Items that can be recycled from the old files include:

  • Road test/certificate, if completed less than three years ago (see 391.33(a)(2));
  • Medical certificate, if still valid; and
  • Information obtained from previous employers, if it pertains to the three years that precede the rehire date and the inquiries sent were in compliance with 391.23.
    • Carriers don’t have to redo previous employer checks if those checks comply with current rules.

Items that must be recreated include:

  • A new application using the rehire date as the point of reference, as well as:
    • All employment while the driver was away;
    • Dates previously employed by the motor carrier and anyone else within the three years prior to rehire; and
    • Any violations, accidents, residences, etc. based on the rehire date;
  • A motor vehicle record (MVR) requested to coincide with the rehire date (for a CDL driver this can also serve as their proof of medical certification as a medical card cannot serve as proof for more than 15 days after the the CDL driver's DOT exam);
    • See 391.23(b) to comply with this regulation; and
  • Previous employer checks, or safety performance histories, requested on any employment during the absence, as well as existing investigations not done in compliance with regulation changes in 391.23 for all DOT-regulated employers for the three years prior to rehire.

Documents from drivers’ original DQ or DIH files that are not reused must be retained in the same manner as if they never returned to employment, or the same as when anyone leaves employment. The following items must be retained from the original file for three years from the termination date (391.51 and 391.53):

  • Application;
  • Original MVR;
  • Road test/certificate, if unable to use in the rehire process; and
  • Previous employer checks, if unable to use in the rehire process.