The Federal Motor Carrier Safety Administration (FMCSA), has set forth specific regulations to help monitor a driver’s qualifications and to disqualify drivers who fail to meet the qualifications set forth by the FMCSA. Specifically Section 383.35 requires that:
(a) Any person applying for employment as an operator of a commercial motor vehicle shall provide at the time of application for employment, the information specified in paragraph (c) of this section.
(b) All employers shall request the information specified in paragraph (c) of this section from all persons applying for employment as a commercial motor vehicle operator. The request shall be made at the time of application for employment
This means that when a truck driver is seeking employment with a company, the truck driver must supply that company with information regarding his past employment. Then, the prospective employer shall request the information about the driver’s prior employment from his last employers. The purpose of this rule is to ensure that when a company hires a driver, they are aware of his prior employment history so a determination can be made about that driver’s qualifications and potential disqualification.
Subsection (c) referenced above makes it mandatory for the driver to provide his potential new employer with the following information:
(c) The following employment history information for the 10 years preceding the date the application is submitted shall be presented to the prospective employer of the applicant:
- A list of the names and addresses of the applicant’s previous employers for which the applicant was an operator of a commercial motor vehicle;
- The dates the applicant was employed by these employers; and
- The reason for leaving such employment.
(d) The applicant shall certify that all information furnished is true and complete.
(e) An employer may require an applicant to provide additional information.
(f) Before an application is submitted, the employer shall inform the applicant that the information he/she provides in accordance with paragraph (c) of this section may be used, and the applicant’s previous employers may be contacted for the purpose of investigating the applicant’s work history.
Thus, the driver and the potential new employer of any driver that is applying for a job both are legally obligated to list and request all of the driver’s prior work history files.