What does 49 CFR 391.53 (Driver investigation history file) require?

Short answer

49 CFR 391.53 requires motor carriers to maintain a driver investigation history file for each new or prospective driver, including records of investigations into the driver's safety performance history. The file must be kept in a secure location with controlled access.

The rule says

"Each motor carrier must maintain records relating to the investigation into the safety performance history of a new or prospective driver pursuant to 391.23(d) and (e)." (49 CFR 391.53(a))

"The file must include: (1) A copy of the driver's written authorization for the motor carrier to seek information about a driver's alcohol and controlled substances history as required under 391.23(f)(1)." (49 CFR 391.53(b)(1))

"The safety performance histories received from previous employers for a driver who is hired must be retained for as long as the driver is employed by that motor carrier and for three years thereafter." (49 CFR 391.53(c))

In plain English

This rule is about making sure motor carriers do their due diligence when hiring new drivers. They need to keep a file on each new or prospective driver that includes the results of investigations into the driver's safety record, including any history of accidents or violations. The file must be kept secure and only accessed by people who need to see it for the hiring decision. Motor carriers also need to keep these records for as long as the driver works for them and for three years after they leave. This helps ensure that drivers with a history of safety issues aren't hired to operate commercial vehicles.

What to do

• Maintain a driver investigation history file for each new or prospective driver.
• Include records of investigations into the driver's safety performance history in the file.
• Keep the file in a secure location with controlled access.
• Retain safety performance histories for as long as the driver is employed and for three years thereafter.