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Motor carriers are required to obtain and review the safety performance history of each applicant seeking employment as a commercial motor vehicle (CMV) driver. To help ensure that drivers’ safety performance history information is kept private, this information must be kept in a confidential driver investigation history file.
Scope
This regulation applies to drivers of CMVs in interstate commerce and the motor carriers of these drivers.
Regulatory citations
- 49 CFR 391.53 — Driver investigation history file
Key definitions
- Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
- Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
- Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
- Is transporting hazardous materials of a type or quantity which requires placarding.
Summary of requirements
A motor carrier must maintain records relating to the investigation of the safety performance history of a new or prospective driver.
The file must include:
- A copy of the response(s) received for investigations from each previous employer, or documentation of good faith efforts to contact them. This record must include the previous employer’s name and address, the date the previous employer was contacted, and the information received about the driver from the previous employer;
- Documentation of failures to contact a previous employer;
- Documentation of failures by a previous employer to provide the required safety history information.
- A copy of the driver's written authorization for the motor carrier to seek information about a driver's alcohol and controlled substances history, if applicable to DOT-regulated employers other than those regulated by FMCSA.
Record retention. This file must be maintained in a secure location with controlled access.
Access to this data is limited to those who are involved in the hiring decision or who control access to the data. The motor carrier’s insurer may have access to the data with the exception of the alcohol and drug data.
This information must be retained for as long as the driver is employed by the motor carrier and then for an additional three years.