Driver Qualification and
Recordkeeping Requirements

Driver Qualification | Table of Contents

Who do these regulations apply to (FMCSR § 390.3)?

The rules apply to all employers and employees who operate commercial motor vehicles of property or passengers in interstate or intrastate commerce.

Every employer shall be knowledgeable of and comply with all regulations which are applicable to that motor carrier's operations.

Every driver and employee shall be instructed regarding and shall comply with, all applicable regulations

Driver: Any person who operates any commercial motor vehicle to transport property or person in interstate or intrastate commerce.

The term driver includes company owners, salesmen, mechanics
The motor carrier must ensure all drivers are fully qualified

Driver qualification file must include:

• Application for employment Note: Before an application is submitted a applicant must be informed of his/her rights concerning information obtained from a previous employer
• Inquiries to state agencies during previous 3 years for new drivers
• Inquiries to past employers for drivers hired before 10/30/04 Note: The inquiries for drivers hired after 10/29/04 will be maintained in the Driver Investigative History File
• Annual inquiry to state agencies (MVR)
• Driver's annual written report of moving violations 4 Motor carriers annual written review
• Medical examiner's certificate and/or letters granting waiver
• Proof of a road test Michigan requires a current and legible copy of the driver's license

Additional required records that may be kept in DQ file:

1. Driver data sheet
2. Notice to driver and certificate of compliance (CDL only)
3. Drug and alcohol testing educational records (CDL only)
4. Driver's signed statement attesting that he/she has never failed a pre- employment drug screen for another prospective employer (CDL only)
5. Proof of hazardous material training (if carrier is HazMat transporter)

The application for employment, inquiries to past employers, and proof of a road test are not required to be in the driver qualification file of:

• an interstate driver who was employed by the motor carrier, as a driver, before January 1, 1971 (FMCSR §391.61).
• an intrastate driver who was employed by the motor carrier, as a driver, on or before June 10, 1984 (Michigan Motor Carrier Safety Act §480.12n). This driver is also exempt from the medical qualifications, but must obtain a medical waiver for Ògrandfather rightsÓ from the Motor Carrier Division of the Michigan State Police.

Driver Investigation History File:

Within 30 days of a driver's employment an employer must place in the file:

1. Responses from or documentation of a good faith effort to obtain from, all employers during the previous 3 years:

(A) General employment verification

(B) Accident information as required in § 390.5 & §390.15

(C) Drug and alcohol testing information (if applicable)

2. Previous employer's names and addresses, and dates contacted

3. A copy of driver's written authorization to obtain drug and alcohol testing information from previous employers. (if applicable)

4. A record of failures to contact previous employers or their failure to respond to inquiries. If a previous employer was not a DOT regulated employer, inquiries would not be required, but the prospective employer must still document that no inquiry was possible.

The file must be maintained in a secured location. with limited access, to the records relating to investigations into the safety performance of a new or perspective driver.

• Protect the disclosure of the records from anyone not directly involved in deciding whether to hire a driver applicant.
• Information received from a previous employer may only be used to decide whether to hire a driver applicant
• Information received concerning drug and alcohol testing may not be provided to the prospective employer's insurer.
• The motor carrier must make all records and information available to authorized federal, state, or local enforcement representatives, or an authorized third party, upon request or as part of any inquiry, within the time period specified in the request.
• Records must be retained, for a driver who is hired, for the duration of the driver's employment and for 3 years after.

Driver motor vehicle reports can be obtained by contacting:

MICHIGAN DEPARTMENT OF STATE
7064 Crowner Drive
Lansing, MI 48918
(517) 322-1166

or email commericalservices@michigan.gov

Disqualifying Offenses for Drivers

Motor carriers have no authority to disqualify drivers.  However, a driver who has been convicted of a disqualifying offense contained in the FMCSR, Parts 383 and 391, is automatically disqualified from driving for the period specified in the regulations.  therefore, so long as a  motor carrier knows - or should have known - of a driver's conviction for a disqualifying offense, the carrier is prohibited from using the driver during the disqualification period

Some of the disqualifying offenses include, but are not limited to:

• Revocation or suspension of driving privileges
• Driving under the influence of drugs and or  alcohol
• Leaving the scene of an accident involving a commercial motor vehicle
• Commission of a felony involving the use of a commercial motor vehicle
• Speeding
• Reckless driving
• Improper or erratic traffic lane changes
• Following a vehicle too closely
• Railroad crossing violations

It is vital that every driver and motor carrier becomes familiar with all the disqualifying offenses and periods of disqualification contained in 49 CFR, Parts 383 and 391.

Table of Contents

Due to frequent changes in federal and state regulations, the Michigan Center for Truck Safety cannot ensure the accuracy of the material contained in the Guidebook beyond the date of publication. For current information, contact the Center at (800) 682-4682. This document is not intended for legal purposes.