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Wednesday, January 5, 2005

Trucking Industry Risks: How Driver Qualification Files Serve Carriers

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota 320-656-1396
http://www.midwestcompliance.com/

Up-to-date driver qualification files may help lower the risks of driver accidents. Previously we touched briefly on what a carrier must have in a Driver Qualification File. To review, the file must contain the following items:

  • the driver’s application for employment;
  • a copy of the current medical examiner’s certificate;
  • and a copy of any medical waiver which may have been granted to a driver;
  • certificate of a road test, (a legible copy of a valid commercial driver’s license is an acceptable substitute providing the license is issued for the class of vehicle the driver will operate);
  • a written record of three years of past employers contacted to verify the driver’s previous employment;
  • a state motor vehicle report about the driver’s driving record from the past three years for every state a drivers license was held;
  • a list of any violations of motor vehicle laws from the driver each year;
  • motor vehicle report generated at each annual review of the driver’s driving record showing the date of the review and who performed the review.

Some of the records may be removed after three years from the date the item was generated, for example:

  • The motor vehicle reports
  • The records relating to the annual review of the driver’s driving record
  • List of violations of motor vehicle laws and ordinances
  • The medical examiner’s certificate
  • Letters issued granting waivers of physical disqualifications

As you know, some of the documents required to be in the DQ files have expiration dates; i.e. medical certificates and commercial driver’s licenses. It is a good idea to track these dates and warn your drivers that the documents are about to expire. When a document is renewed, place a copy in their file.

You are also required to generate a motor vehicle report every 12 months on each driver and compare the MVR to a list of violations of motor vehicle traffic laws which you are required to request from your drivers each year.

When you compare these documents, look for discrepancies or items that may have been omitted. Remember to consider information about the driver’s experience that may not be listed on the MVR. Take into consideration any violation of the Federal Motor Carrier Safety Regulations, or Hazardous Materials Regulations, and consider the driver’s accident record and any evidence that the driver has violated laws governing the operation of motor vehicles. Give weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, which strongly indicate that the driver has exhibited a disregard for the safety of the public.

According to 383.33, a driver whose license is suspended, revoked, or canceled, who loses the right or privilege to operate a CMV for any period, or who is disqualified from operating a CMV for any period, must notify their current employer before the end of the business day following the day the driver received notification. Unfortunately we do not live in a perfect world, and we’ve all heard the horror stories about the driver who “forgot” to notify their employing carrier!

So, to avoid horror stories, consider checking the driver’s records and running the MVR’s more frequently. Bottom line, in the event of a crash, is still the carrier’s pocket book!

Next month we'll discuss hours of service, until then take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/

Posted by Sandra Brakstad at 12:53 PM No comments:
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