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Oregon Trucking Associations, Inc.
Oregon Truck Dispatch
In addition, the motor carrier who most recently hired the
driver is required by
§391.21
(Application for employment)
to request on their application for employment:
`
`
A list of all motor vehicle accidents in which the applicant was
involved during the three years preceding the date the
application is submitted, specifying the date and nature of
each accident and any fatalities or personal injuries it caused;
`
`
A list of all violations of motor vehicle laws or ordinances
(other than violations involving only parking) of which the
applicant was convicted or forfeited bond or collateral
during the three years preceding the date the application is
submitted;
`
`
A statement setting forth in detail the facts and
circumstances of any denial, revocation, or suspension of
any license, permit, or privilege to operate a motor vehicle
that has been issued to the applicant, or a statement that
no such denial, revocation, or suspension has occurred;
(Go to www.ecfr.gov, click on Simple Search, and
type “391.21” to read the full text.)
In the example we’re looking at, it seems the driver did not
disclose the withdrawal of his Oregon driving privilege to
his previous employer. Therefore, it would not be likely that
the most recent employer would have found out about this
circumstance when he/she contacted the prior employer to
request employment information about their former driver.
Also, it is equally apparent that this driver did not disclose
his withdrawn Oregon driving privilege on his employment
application for his new position. In fairness, it is
conceivable (but not likely) that the driver did not realize
that his Oregon driving privilege had been withdrawn as a
result of having not dealt with an overweight citation.
Within 30 days of a conviction for any traffic violation, except parking violations, a driver must notify his/her
employer, regardless of the nature of the violation or the type of vehicle which was driven at the time.
A CMV driver must notify his employer if the driver’s license is suspended, revoked, canceled, or if he/she is
disqualified from driving. The notification must be made by the end of the next business day following receipt of
the notice of the suspension, revocation, cancellation, lost privilege or disqualification.
Employers may not knowingly use a driver who has more than one license or whose license is suspended, revoked
or canceled, or is disqualified from driving. Violation of this requirement may result in civil or criminal penalties.
Point your web browser to this URL: www.fmcsa.dot.gov/registration/commercial-drivers-license/
states and under Employer Notifications you will see:
There is another database aside from the MVR that a motor
carrier can check before hiring a driver applicant. “The National
Driver Register (NDR) is a computerized database of information
about drivers who have had their licenses revoked or suspended,
or who have been convicted of serious traffic violations such as
driving while impaired by alcohol or drugs, or had their driving
privilege withdrawn in any state. State motor vehicle agencies
provide NDR with the names of individuals who have lost their
privilege or who have been convicted of a serious traffic violation.
When a person applies for a driver’s license the state checks to see
if the name is on the NDR file. If a person has been reported to
the NDR as a problem driver, the license may be denied.”
1
“If You Are an Employer of Motor Vehicle Operators,
as part of your
safety program, you may request an NDR file check on a current or
prospective employee if they are seeking employment or are
employed as a driver. The employee may go to the local motor
vehicle agency and ask for an NDR file check. You can contact a state
DMV to request or you can purchase at this link
www.nationaldriverregister.com. The Current or Prospective
Employee Form that can be downloaded and then completed by the
employee. This form should be submitted to the State in which the
employee is licensed. Any information you receive from the NDR
should be made available to the employee. If you receive information
from the NDR indicating that an individual is on file you will be
provided with the name of the state, the address and telephone
number in order to request a copy of the driver record to verify that
it is the same individual. Any information on the NDR file that was
reported by the states during the past three years will be disclosed.”
2
Performing this additional NDR check initially at time of original
hire and annually thereafter is your best defense against getting
caught up in the situation of your driver being put out of service
roadside because his driving privilege has been withdrawn in
some state other than the state that issued his CDL.
So, back to the question of the day:
“How is a motor carrier supposed to know?”
License Validation for a Driver, cont.
1. National Driver Registry
2. National Driver Registry