Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

OOIDA Sues FMCSA over Pre-Employment Screening Program

The Federal Motor Carrier Safety Administration's pre-employment screening program violates drivers' rights, claims the Owner-Operator Independent Drivers Association in a lawsuit. OOIDA told the U.S. District Court for the District of Columbia that under the program, drivers can be in effect found guilty of safety violations before they get due process in court.

by Staff
July 17, 2012
OOIDA Sues FMCSA over Pre-Employment Screening Program

 

2 min to read


The Federal Motor Carrier Safety Administration's pre-employment screening program violates drivers' rights, claims the Owner-Operator Independent Drivers Association in a lawsuit. OOIDA told the U.S. District Court for the District of Columbia that under the program, drivers can be in effect found guilty of safety violations before they get due process in court.



The program gives employers access to the records of drivers who are applying for work, but OOIDA claims that the data in the system is not always accurate and is difficult to correct.

OOIDA cites the experience of three drivers who were cited for alleged violations. The drivers challenged their citations in court and were either acquitted or had their cases dismissed, the association said.

But when they tried to use the agency's DataQ system to get their records corrected, the agency refused to make the changes, OOIDA claimed in its suit.

"By refusing to accept the determination by a court, the FMCSA has in essence made state law enforcement agencies the final judge and jury on all citations," said Jim Johnston, OOIDA president, in a statement. "This can ultimately threaten business opportunities and income."

OOIDA wants the court to tell the agency to purge from the database any inspection reports that allege violations, if a court has not ruled on the driver's guilt. It also wants purged any reports concerning violations that the agency has not found to be "serious driver-related violation(s)."

In addition, the association wants the pre-employment screening program to tell employers if a violation that shows up in the database is being disputed by the driver, and why the driver is challenging the information.

The brief was filed last Friday.

Related Stories:

4/15/2011 Fair Credit Reporting Act Affects Driver Hiring

5/25/2011 Secretary LaHood Announces Success of Driver Pre-Employment Screening Program

More Drivers

Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →
Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: Inside K&B’s Truck Safety Tech

Listen to learn how K&B Transportation uses cellphone-blocking technology, speed management systems, weather geofencing, bridge avoidance tools, and more to improve driver safety.

Read More →
Nussbaum driver pay.
Driversby News/Media ReleaseMay 27, 2026

Nussbaum Expands Driver Compensation with Pay Raises, Profit Sharing

Nussbaum Transportation said its latest compensation package could push first-year driver earnings above $90,000 in key hiring markets.

Read More →
Ad Loading...
Lance Evans, Director of Safety at K&B Transportation.
Safety & ComplianceMay 13, 2026

Listen: Inside Modern Fleet Safety: AI, Cameras & Speed Control at K&B Transportation

Fleet safety is evolving fast—and technology is at the center of it. Learn how a former commercial vehicle enforcement officer turned director of safety at K&B Transportation is embracing real-world safety technology.

Read More →
Maverick Transportation Freightliner Cascadia.
Driversby News/Media ReleaseMay 12, 2026

Maverick Announces 2026 Driver Pay Raises

New raises for Maverick Transportation drivers will take effect on May 31, 2026.

Read More →
Alleged Ohio toll evasion truck.
Driversby News/Media ReleaseMay 5, 2026

Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion

Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.

Read More →
Ad Loading...
Illustration with trojan horse and lock with inside of cargo container in background
Fleet Managementby News/Media ReleaseApril 23, 2026

New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems

Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.

Read More →
Female truck driver.
Driversby News/Media ReleaseApril 21, 2026

WIM, Trucker Path Name Top 3 Women-Friendly Truck Stops

ATA’s Women In Motion Council and Trucker Path highlight three truck stops that meet all seven safety-focused criteria and rank highest among female drivers.

Read More →
Illustration of driver medical exam paperwork over duotone background of a blood pressure check

FMCSA Extends Paper Medical Card Exemption … Again

Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.

Read More →
Ad Loading...
Mack Pioneer tractor.
Driversby Jack RobertsApril 10, 2026

Mack Launches Digital Driver Guide for Chassis-Specific Truck Info

Mack’s new, virtual owner’s manual delivers VIN-based, on-demand guidance for vehicle systems via web, app, and soon in-cab displays.

Read More →