The Complete Driver Qualification Handbook

The Complete Driver Qualification Handbook

Your Step-by-Step Guide to Complying with Regulation Part 391

File Creation

Introduction

Your drivers are one of your most valuable assets. They help to keep your business not only running, but successful and thriving.

Still, it's a common complaint that good, reliable, hard-working people can be hard to find.

Particularly among businesses that hire drivers, that challenge is compounded by a number of factors: the general stress that comes from the driver lifestyle, the driver shortage, the graying of the current workforce, and ultimately, the significant growth that is expected in the industry in the coming decades.

So, when you do go through the process of finding and hiring a new driver ? and you find someone that you're excited to bring on board with your company, it's important that you get the process right. Not only will this ensure that you're able to get the relationship started on a positive note, but also that you're hiring compliantly.

Remember, as a business operating under the Department of Transportation's (DOT's) Federal Motor Carrier Safety Administration (FMCSA), there are hiring processes you MUST have in place to comply with 49 CFR Part 391 ? Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors. There are also best practices you SHOULD follow ? including running criminal background screens ? to ensure you recruit and retain the best possible drivers for your business.

Within this ebook, you'll find a step-bystep guide to hiring and onboarding the best drivers for your business ? so that you can complete the process as quickly and compliantly as possible.

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What is Regulation Part 391?

Regulation Part 391 helps ensure that all federally-regulated motor carriers are qualified to be on our nation's roadways ?in terms of their physical health, professional experience and motor vehicle record. These regulations apply to any carrier, no matter how many drivers they employ, that operates a vehicle involved in interstate commerce that:

Weighs at least 10,001 pounds

Carries more than 9 passengers

Transports materials deemed hazardous under the Hazardous Materials Transportation Act

As an owner operator, you must serve as both the boss and an employee for your business. This means that you must perform the duties of a carrier by keeping detailed records on your drivers and doing follow-up screenings and regular tests as required. You must also follow all the same rules for yourself as a driver. You can self-manage when it comes to your application, background checks, medical certificate, drug testing and annual reviews. However, you must have a qualified person other than yourself administer your road test.

In the

40+

page document, Regulation Part 391 provides guidance on the federal requirements related to hiring and retaining drivers. It primarily covers:

Qualification and Disqualification of Drivers Background and Character Tests Physical Qualifications and Examinations Files and Records

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Step 1

Driver Application

The Application Process

There are specific rules for how you collect information from candidates. To comply with DOT regulations, the application must be signed and dated by the applicant and include the following information. Upon hire, this application kicks off the required background check process and becomes part of the Driver Qualification File (to be discussed more later).

1 Your business name and address

2 The applicant's name, address, date of birth and Social

Security Number, as well as any other addresses at which they've resided in the past three years.

3 The issuing state, number and expiration date of each

valid commercial motor vehicle license or permit held by the applicant.

4 A detailed account of the applicant's experience

operating a motor vehicle, including the type of vehicle they operated.

5 A detailed list of all accidents the applicant was involved with

in the past three years. This must include the date, nature of the crash and whether there were any fatalities or personal injuries sustained.

Name and Contact Information

Employee Alerts & Notifications

Carson Johnny Crain Nell Cusack

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6 A list of all of the applicant's motor vehicle violations in the

past three years (not including parking).

7 A statement detailing the facts and circumstances of

any denial, revocation or suspension of license, permit or privilege to operate a motor vehicle (or a statement certifying that no such circumstance occurred).

8 A list of all the applicant's employers over the last three

years, including the dates employed, reason for leaving and whether they were subject to Federal Motor Carrier Safety Regulations (FMCSRs) while employed; also, whether their job was designated as a safety-sensitive function in any DOT-regulated mode subject to alcohol and controlled substances testing requirements.

9 The names and addresses of all CMV employers that the

applicant worked for in the seven years prior to the threeyear period documented above, along with the dates of employment and reason for leaving each company.

10 Certification that the application was completed

by the driver and is accurate and complete to the best of his/her knowledge.

Employee Driver File

Carson Johnny

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The Complete Driver Qualification Handbook (Part 1) ? 7

Applicant Rights

Because the information contained in this application will be used as part of the required background screening process, drivers must also be given a Summary of Rights. This summary informs drivers that they have the right to review information provided by previous employers, as well as to dispute any findings. This could require a previous employer to resend the correct information, or, if an agreement can't be made, allow the driver to include a rebuttal statement with the information. Drivers can submit a written request immediately upon applying or up to 30 days after being employed or denied employment. Prospective employers must provide information within 5 business days of the request.

Step 2

Driver Qualification

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