The CMV Driver Pre-Employment Test: Observations It certainly seems easier to simply administer a pre-employment test than to comply with the rather detailed and administratively burdensome exception set forth in the regulations. However, the use of outside data-gathering agencies (such as DAC1) may make the job easier. If there is…
CMV Drug and Alcohol Testing: Overview The specifics of testing, rehabilitation, procedures for obtaining samples, qualifications of testing personnel, and other detailed requirements for drug and alcohol issues are found at 49 C.F.R., which is entitled “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.” These regulations are detailed and…
Retention of Documents: Overview Document retention requirements are found throughout the various subchapters and subsections of the FMCSRs. While the overview of the qualification process laid out thus far in these blog posts has addressed document retention at various points, it makes sense to compile the requirements for quick reference.…
CMV Disqualification Regulations: Observations Like the annual review process, the disqualification regulations are a form of post-hiring check that must be known, understood, and performed by the motor carrier. However, the chance that a motor carrier does not know, understand, or perform its duties under the regulation, is actually quite…
The Disqualified Driver: Overview The regulations pertaining to driver qualifications include specific instructions regarding when, why, and how long an otherwise qualified driver will be disqualified for certain acts. These regulations deal with the driver who has already been qualified, and is presumably already driving a commercial motor vehicle. However,…
The Driver Investigation History File The driver investigation history file may be maintained separately from the DQ file. Its contents may include private and sensitive documents that are confidential and privileged. Despite this, the motor carrier’s insurer will likely have access to it, with the exception of drug and alcohol…
The Driver Qualification File: Overview As emphasized, the DQ file is one of the first things to review when putting together a trucking wreck claim. The contents of the DQ file are not a matter of interpretation or speculation. The regulations definitively state what documents must be included. Anything missing…
The Driver’s Record of Violations: Overview Much like the annual review required, the “record of violations” requirement is a post-hiring, at-least-annual check to be performed on all CMV drivers. However, it differs in one material respect: a motor carrier cannot allow a driver who has failed to comply with this…
Observations In reviewing the contents of DQ files, often what does not exist may be more telling than what is found. The required annual review documentation should be in the file for “at least” each 12 month period the driver has operated a CMV for the motor carrier, subject to…
The Annual Review: Overview Ensuring its CMV drivers are fit for the road is not a “one and done” proposition for motor carriers. Rather, the regulations require them to monitor their drivers annually. The failure to do so may allow a driver who is accumulating tickets, accidents, or both, to…