In the realm of commercial transportation, adherence to regulations is not just a best practice but a legal requirement. For hiring agents responsible for bringing in new drivers, compliance with FMCSA regulations is paramount. In this blog post, we delve into key sections of the FMCSA handbook, specifically focusing on §391.23a and §391.23b, shedding light on the intricacies of obtaining and maintaining proper records.
§391.23a – Licensee’s Driving History
Proof of Inquiry:
One of the initial steps in the hiring process involves obtaining a Motor Vehicle Report (MVR). To comply with §391.23a, it’s crucial to show proof of inquiry dated no more than 30 days prior to the date of employment. While many companies may request a 5-year history, the FMCSA mandates a minimum of 3 years (§391.23a:1).
Time Period:
Understanding the timeframe is essential. The driving history must span between 3 to 10 years, aligning with the FMCSA requirements.
Safety History:
In addition to the MVR, reaching out to previous employers for a safety history during the same period is a parallel requirement, as detailed in §6.1.2 of the FMCSA Motor Carrier Safety Planner Guide.
§391.23b – Physical Copy of the MVR
Timing Matters:
The physical copy of the MVR should be dated within the 30 days leading up to the driver assuming the seat. This timely acquisition ensures the information is current and relevant.
Good Faith Effort:
In situations where a driver lacks an MVR, hiring agents must document evidence of a good faith effort to obtain this crucial piece of information. This underscores the importance of due diligence in the hiring process.
Conclusion:
Navigating the FMCSA regulations is not only a legal requirement but a fundamental aspect of ensuring the safety and compliance of commercial drivers. By understanding and implementing the guidelines outlined in §391.23a and §391.23b, hiring agents contribute to a safer and more regulated transportation industry.
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Disclaimer: This blog post is intended for informational purposes only. For specific legal advice or compliance concerns, it is recommended to consult with legal professionals familiar with current regulations.
By James M. Floto