The Federal Motor Carrier Safety Administration (FMCSA)

Proposes Rule to Screen Driver Safety History

The Federal Motor Carrier Safety Administration (FMCSA) has introduced a supplemental notice of proposed rulemaking to help prospective motor carrier employers make sound hiring decisions, while ensuring commercial motor vehicle driver privacy. "These drivers are responsible for the safe, secure and reliable operation of commercial motor vehicles on our nation's roads and highways," says acting FMCSA Administrator Annette Sandberg. "Providing employers access to more information about driver safety performance history will ultimately save lives."

Under the proposal, for a period of three years, a previous employer would be required to respond within 30 days to inquires from prospective motor carries about an applicant and provide the following:

• information verifying the driver's work history and dates of employment;

• information indicating whether the driver was involved in any reportable accidents;

• the driver's three-year alcohol and uncontrolled substance history;

• information indicating whether the driver failed to complete a rehabilitation referral prescribed within the previous three years, but only if that information is recorded with the responding previous employer.

The supplemental proposal increases from two to three years the period during which previous employers must provide information regarding violations of the federal regulations relating to alcohol and controlled substances. This rulemaking also mandates employers to retain reportable accident information for three years rather than the current one. This rule will apply to all motor carrier employers regulated by the Federal Motor Carrier Safety Regulations whose employees apply to work for a motor carrier in interstate commerce.