[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR391.53]



[Page 349]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 391_QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS--Table of Contents

 

                       Subpart F_Files and Records

 

Sec. 391.53  Driver investigation history file.



    (a) After October 29, 2004, each motor carrier must maintain records 

relating to the investigation into the safety performance history of a 

new or prospective driver pursuant to paragraphs (d) and (e) of Sec. 

391.23. This file must be maintained in a secure location with 

controlled access.

    (1) The motor carrier must ensure that access to this data is 

limited to those who are involved in the hiring decision or who control 

access to the data. In addition, the motor carrier's insurer may have 

access to the data, except the alcohol and controlled substances data.

    (2) This data must only be used for the hiring decision.

    (b) The file must include:

    (1) A copy of the driver's written authorization for the motor 

carrier to seek information about a driver's alcohol and controlled 

substances history as required under Sec. 391.23(d).

    (2) A copy of the response(s) received for investigations required 

by paragraphs (d) and (e) of Sec. 391.23 from each previous employer, 

or documentation of good faith efforts to contact them. The record must 

include the previous employer's name and address, the date the previous 

employer was contacted, and the information received about the driver 

from the previous employer. Failures to contact a previous employer, or 

of them to provide the required safety performance history information, 

must be documented.

    (c) The safety performance histories received from previous 

employers for a driver who is hired must be retained for as long as the 

driver is employed by that motor carrier and for three years thereafter.

    (d) A motor carrier must make all records and information in this 

file available to an authorized representative or special agent of the 

Federal Motor Carrier Safety Administration, an authorized State or 

local enforcement agency representative, or an authorized third party, 

upon request or as part of any inquiry within the time period specified 

by the requesting representative.



(Approved by the Office of Management and Budget under control number 

2126-004)



[69 FR 16721, Mar. 30, 2004]