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Driver's Rights Pertaining to Release of
Driver Information Under Regulation 391.23
Motor Carriers have the responsibility to make the following
investigations and inquiries with respect to each driver employed, other than a
person who has been a regularly employed driver of the motor carrier for a
continuous period which began before January 1, 1971.
a. An inquiry into the driver's driving record during the
preceding three years to the appropriate agency of every State in which the
driver held a motor vehicle operator's license or permit during those three
years; and
b. An investigation of the driver's employment record during the
preceding three years.
c. A copy of the driver's record(s) obtained in response to the
inquiry or inquiries to each State driver record agency as required must be
placed in the Driver Qualification File within 30 days of the date the driver's
employment begins and be retained in compliance with 391.51.
d. Replies to the investigations of the driver's safety
performance history must be placed in the Driver Investigation History File
within 30 days of the date the driver's employment begins. This goes into
effect after October 29, 2004.
e. Prospective motor carrier must investigate the information
from all previous employers of the applicant that employed the driver to operate
a CMV within the previous three years. This information must cover general
driver identification and employment verification information, data elements as
specified in 390.15 for accident involving the driver that occurred in the
three-year period preceding the date of the employment application, and any
accidents the previous employer may wish to provide.
f. Prospective motor carrier must investigate the information
from all previous DOT regulated employers that employed the driver within the
previous three years from the date of the employment application in a
safety-sensitive function that required alcohol and controlled substance testing
specified by 49 CFR Part 40.
Drivers have the following rights:
1. The right to review information provided by previous
employers.
2. The right to have errors in the information corrected by the
previous employer and for that previous employer to resend the corrected
information to the prospective employer.
3. The right to have a rebuttal statement attached to the
alleged erroneous information, if the previous employer and the driver cannot
agree on the accuracy of the information.
Drivers who wish to review previous employer-provided
investigative information must submit a written request to the prospective
employer when applying or as late as 30 days after employed or being notified of
denial of employment. The prospective employer must provide this
information to the applicant within five business days of receiving the written
request. If the driver has not arranged to pick up of receive the
requested records within 30 days of the prospective employer making them
available, the prospective motor carrier may consider the driver to have waived
his/her request to review the records.
Drivers wishing to request correction of erroneous information
in records must send the request for the correction to the previous employer
that provided the records. After October 29, 2004, the previous employer
must either correct and forward the information to the prospective motor carrier
employer or notify the driver within 15 days of receiving the driver's request
to correct the data that it does not agree to correct the data. Drivers
wishing to rebut information in records must send the rebuttal to the previous
employer with instruction to include the rebuttal in the driver's Safety
Performance History.
I acknowledge that I have read and understand the contents of
this document
Applicant Electronic Signature:
Date:
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