{"id":2440,"date":"2021-08-31T14:13:39","date_gmt":"2021-08-31T14:13:39","guid":{"rendered":"https:\/\/www.cochranfirm.com\/new-orleans\/?post_type=sub-practice-areas&#038;p=2440"},"modified":"2021-11-12T17:44:04","modified_gmt":"2021-11-12T17:44:04","slug":"driver-qualification","status":"publish","type":"sub-practice-areas","link":"https:\/\/www.cochranfirm.com\/new-orleans\/driver-qualification\/","title":{"rendered":"Driver Qualification and Disqualification"},"content":{"rendered":"\n<p>The Federal Motor Carrier Safety Administration (FMCSA), has set forth specific regulations to help monitor a driver\u2019s qualifications and to disqualify drivers who fail to meet the qualifications set forth by the FMCSA.&nbsp; Specifically Section 383.35 requires that:<\/p>\n\n\n\n<p>(a)&nbsp; &nbsp; <em>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<\/em>.<\/p>\n\n\n\n<p>&nbsp;(b)&nbsp; &nbsp; <em>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<\/em>.&nbsp; The request shall be made at the time of application for employment<\/p>\n\n\n\n<p>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.&nbsp; Then, the prospective employer shall request the information about the driver\u2019s prior employment from his last employers.&nbsp; 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\u2019s qualifications and potential disqualification.<\/p>\n\n\n\n<p>Subsection (c) referenced above makes it mandatory for the driver to provide his potential new employer with the following information:<\/p>\n\n\n\n<p><em>(c)<\/em> &nbsp; &nbsp; <em>&nbsp;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:<\/em><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><em>A list of the names and addresses of the applicant\u2019s previous employers for which the applicant was an operator of a commercial motor vehicle;<\/em><\/li><li><em>The dates the applicant was employed by these employers; and<\/em><\/li><li><em>The reason for leaving such employment.<\/em><\/li><\/ul>\n\n\n\n<p><em>(d)&nbsp; The applicant shall certify that all information furnished is true and complete.<\/em><\/p>\n\n\n\n<p><em>(e)&nbsp; An employer may require an applicant to provide additional information.<\/em><\/p>\n\n\n\n<p><em>(f) &nbsp; 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\u2019s previous employers may be contacted for the purpose of investigating the applicant\u2019s work history.<\/em><\/p>\n\n\n\n<p>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\u2019s prior work history files.<\/p>\n","protected":false},"featured_media":2444,"template":"","meta":{"_acf_changed":false,"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_analysis_target_kw":""},"categories":[103],"class_list":["post-2440","sub-practice-areas","type-sub-practice-areas","status-publish","has-post-thumbnail","hentry","category-are-large-trucks-regulated"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.cochranfirm.com\/new-orleans\/wp-json\/wp\/v2\/sub-practice-areas\/2440","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cochranfirm.com\/new-orleans\/wp-json\/wp\/v2\/sub-practice-areas"}],"about":[{"href":"https:\/\/www.cochranfirm.com\/new-orleans\/wp-json\/wp\/v2\/types\/sub-practice-areas"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cochranfirm.com\/new-orleans\/wp-json\/wp\/v2\/media\/2444"}],"wp:attachment":[{"href":"https:\/\/www.cochranfirm.com\/new-orleans\/wp-json\/wp\/v2\/media?parent=2440"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cochranfirm.com\/new-orleans\/wp-json\/wp\/v2\/categories?post=2440"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}