• Federal Regulation Regarding Driver Safety Records for Commercial Drivers Effective April 29, 2004
  • April 14, 2004
  • Law Firm: Ford & Harrison LLP - Atlanta Office
  • The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has announced a final rule designed to help motor carriers hire drivers with the best possible safety record. The rule, which is effective April 29, 2004, requires prospective employers to review candidates' professional driving safety records and requires former employers to provide this information to the prospective employers.

    The former employer must respond to a prospective employer's request for driver safety information within 30 days of the request. Previous employers will be required to go back three years to confirm employment and provide other information about employees such as crash involvement, alcohol and controlled substance violations, rehabilitation efforts, and reversion to illegal alcohol or controlled substances if rehabilitation was unsuccessful.

    Prospective employers must advise applicants that they have the right to review, request correction or refute the information provided by the former employer. The rule also limits liability of those required to provide and use driver safety performance information.

    The FMSCA will investigate complaints about failures to comply with this rule and carriers failing to comply may be subject to civil penalties.