[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR391.53]

[Page 353]
 
                        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]