Ask X3What does 49 CFR 391.23 (Investigation and inquiries) require?
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Short answer
49 CFR 391.23 requires motor carriers to make investigations and inquiries about each driver's safety performance history and motor vehicle record before employing them. The carrier must obtain the driver's motor vehicle record from each state where the driver held a license in the preceding 3 years and investigate the driver's safety performance history with DOT-regulated employers during the preceding 3 years.
The rule says
"An inquiry, within 30 days of the date the driver's employment begins, to each State where the driver held or holds a motor vehicle operator's license or permit during the preceding 3 years, to obtain that driver's motor vehicle record covering that driver's prior 3-year driving history." (49 CFR 391.23(a)(1))
"An investigation of the driver's safety performance history with Department of Transportation regulated employers during the preceding three years." (49 CFR 391.23(a)(2))
In plain English
This rule is about making sure motor carriers do their due diligence when hiring new drivers. They need to check the driver's record with each state where the driver has been licensed in the past 3 years and look into the driver's safety history with previous employers who were regulated by the DOT. This helps ensure that the carrier is hiring someone with a safe driving record and a history of following safety rules. In practice, this means the carrier has to send out inquiries to the relevant states and previous employers within 30 days of the driver starting work, and then document the responses they get back.
What to do
- Send inquiries to each state where the driver has been licensed in the past 3 years to obtain their motor vehicle record.
- Investigate the driver's safety performance history with DOT-regulated employers during the preceding 3 years.
- Document the responses from the states and previous employers, including any instances where the information was not provided.
- Place the motor vehicle records and investigation results in the driver qualification file within 30 days of the driver's employment start date.