Regulatory Text of 49 CFR Part 391.21:
**§ 391.21 - Application for employment.
(a) Investigation and inquiries.
(1) A motor carrier must, prior to the first time it uses a driver to operate a commercial motor vehicle, make the following investigations and inquiries about the driver:
(i) Except as provided in subpart G of this part, an inquiry into the driver's driving record during the preceding 3 years to the appropriate agency of every State in which the driver held a motor vehicle operator's license or permit during those 3 years.
(ii) An investigation of the driver's safety performance history with Department of Transportation-regulated employers during the preceding 3 years, to the extent such history is available to the motor carrier.
(iii) At least one motor carrier's investigator must make a written record of the investigations and inquiries required by paragraph (a)(1)(i) and (a)(1)(ii) of this section.
(2) A motor carrier must, at a minimum, investigate the information listed in paragraphs (a)(2)(i) through (a)(2)(v) of this section with respect to any driver it intends to employ:
(i) General driver identification and employment history.
(ii) A list of the names and addresses of the driver's employers during the 3 years preceding the date of the application.
(iii) The driver's complete driving record for the 3-year period preceding the date of the application.
(iv) A list of the names and addresses of the driver's employers for the 7-year period preceding the 3 years contained in paragraph (a)(2)(ii) of this section.
(v) The record of the driver's traffic violations.
(3) A motor carrier must investigate and make the inquiries required by paragraph (a)(1) of this section within 30 days of the date the driver's employment begins, and must complete the driver investigation within 45 days of the date the driver's employment begins. If the investigations and inquiries are not completed within 45 days, the motor carrier must cease using the driver until the investigations and inquiries are completed. However, a motor carrier may use a driver for up to 30 days while it is obtaining the driver's investigations and inquiries. The investigation must include any evidence of the driver's alcohol and controlled substances tests and refusals, as required by subpart B of this part.
(4) A motor carrier may obtain the required driver investigation information from a reliable source, including the driver, and may use photocopies of original documents.
(b) Investigation and inquiries.
(1) A motor carrier must, prior to the first time it uses a driver to operate a commercial motor vehicle, make the following investigations and inquiries about the driver:
(i) Except as provided in subpart G of this part, an inquiry into the driver's driving record during the preceding 3 years to the appropriate agency of every State in which the driver held a motor vehicle operator's license or permit during those 3 years.
(ii) An investigation of the driver's safety performance history with Department of Transportation-regulated employers during the preceding 3 years, to the extent such history is available to the motor carrier.
(iii) At least one motor carrier's investigator must make a written record of the investigations and inquiries required by paragraph (a)(1)(i) and (a)(1)(ii) of this section.
(2) A motor carrier must, at a minimum, investigate the information listed in paragraphs (a)(2)(i) through (a)(2)(v) of this section with respect to any driver it intends to employ:
(i) General driver identification and employment history.
(ii) A list of the names and addresses of the driver's employers during the 3 years preceding the date of the application.
(iii) The driver's complete driving record for the 3-year period preceding the date of the application.
(iv) A list of the names and addresses of the driver's employers for the 7-year period preceding the 3 years contained in paragraph (a)(2)(ii) of this section.
(v) The record of the driver's traffic violations.
(3) A motor carrier must investigate and make the inquiries required by paragraph (a)(1) of this section within 30 days of the date the driver's employment begins, and must complete the driver investigation within 45 days of the date the driver's employment begins. If the investigations and inquiries are not completed within 45 days, the motor carrier must cease using the driver until the investigations and inquiries are completed. However, a motor carrier may use a driver for up to 30 days while it is obtaining the driver's investigations and inquiries. The investigation must include any evidence of the driver's alcohol and controlled substances tests and refusals, as required by subpart B of this part.
(4) A motor carrier may obtain the required driver investigation information from a reliable source, including the driver, and may use photocopies of original documents.
Plain English Summary of 49 CFR Part 391.21:
49 CFR Part 391.21 establishes critical requirements for motor carriers when hiring drivers to operate commercial motor vehicles (CMVs). This regulation focuses on the comprehensive investigation and inquiries necessary to evaluate a driver's qualifications and background before permitting them to operate CMVs. Additionally, it mandates specific data elements that must be included in a Department of Transportation (DOT) compliant driver application.
Investigation and Inquiries:
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Motor carriers are obliged to conduct thorough investigations and inquiries into the qualifications and history of prospective drivers set to operate CMVs.
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These investigations encompass soliciting information about the driver's driving record, safety performance history, employment history, traffic violations, and other pertinent details.
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Motor carriers are required to make these inquiries to the appropriate state agencies and, when accessible, collect safety performance history from employers regulated by the Department of Transportation.
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The results of these investigations and inquiries must be documented in written form, ensuring a clear record of the evaluation process.
Timeframe:
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To comply with this regulation, motor carriers must initiate the necessary investigations and inquiries within 30 days of the driver's intended employment start date.
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Completion of the entire driver investigation, including the gathering of essential information, must be accomplished within 45 days of the driver's intended employment start date.
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If, for any reason, the investigations and inquiries cannot be finalized within the 45-day timeframe, the motor carrier must cease employing the driver until all necessary information is obtained. However, there is a provision that allows motor carriers to utilize the driver for up to 30 days while the required data is being acquired.
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It is essential to note that the investigation must include evidence of the driver's compliance with alcohol and controlled substances testing and refusals, as mandated by subpart B of this regulation.
Reliable Sources:
- Motor carriers have the flexibility to obtain the required driver investigation information from reliable sources. This can include the driver themselves, as well as the use of photocopies of original documents.
Specific Data Elements on a DOT Compliant Application:
A DOT compliant driver application should include the following specific data elements:
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General Driver Identification and Employment History: This includes personal information about the driver, such as name, address, contact information, and details of previous employment, if any.
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Employment History: A list of the names and addresses of the driver's employers during the three years preceding the application.
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Complete Driving Record: The driver's complete driving record for the three-year period preceding the date of the application.
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Extended Employment History: A list of the names and addresses of the driver's employers for the seven-year period preceding the three years mentioned above.
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Traffic Violation Record: A comprehensive record of the driver's traffic violations.
Including these specific data elements in a DOT compliant application ensures that motor carriers have access to essential information when evaluating a driver's qualifications and history, promoting safety and compliance within the transportation industry.
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