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Wednesday, March 31, 2004
Contact: Bill MacLeod, 202-366-8810
FMCSA 5-04
FMCSA Requires Minimum Safety Performance History For Hiring Commercial Truck
and Bus Drivers
The U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety
Administration (FMCSA) today announced a final rule to help motor carriers hire
truck and bus drivers with the best possible safety records. The rule requires
employers to review candidates’ professional driving safety records and former
employers to make that information available to prospective employers.
“Carriers must be able to obtain the information they need to hire and place the
safest possible drivers behind the wheel,” stated FMCSA Administrator Annette M.
Sandberg. “Truck and bus drivers are among this country’s safest drivers, and we
want to do everything possible to keep it that way.”
This final rule enables prospective employers to obtain and use more complete
driver safety performance information. By using this information, employers will
be able to better assess the potential safety risks of prospective new
driver-employees.
Prospective employers are required to advise driver applicants that they have
the right to review, request correction, or refute what a previous employer
provided in the driver’s safety history. The rule also limits the liability of
those required to provide and use driver safety performance information.
The rule requires previous employers to respond within 30 days to questions by
prospective employers investigating an applicant. 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.
Complaints about failures to comply with this rule will be investigated by FMCSA.
Carriers failing to comply will be cited, and may be subject to civil penalties.
The rule, required under the Hazardous Materials (HazMat) Transportation
Authorization Act and the Transportation Equity Act for the 21st Century
(TEA-21), is effective April 29, 2004. It applies to all motor carrier employers
regulated by the Federal Motor Carrier Safety Regulations (FMCSRs) whose
employees apply to work for a motor carrier in interstate commerce.
The final rule was in yesterday’s Federal Register and will be available on the
Internet at http://fmcsa.dot.gov. It is also
available in the DOT Docket Management System by searching for docket number
FMCSA-97-2277 at http://dms.dot.gov.
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