Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

FMCSA Proposes New Rules for Pre-Employment Checks

The Federal Motor Carrier Safety Administration has moved to close what many see as a huge loophole in driver screening rules

by Staff
July 17, 2003
2 min to read


The Federal Motor Carrier Safety Administration has moved to close what many see as a huge loophole in driver screening rules.

That includes the absence of details regarding the type of information they are to obtain from current or previous employers and the lack of any regulatory requirement that those employers respond to employment history requests.
Current rules require new and prospective employers to investigate a driver’s employment history going back three years. The investigation must be completed within 30 days of hiring. This proposal, which stems from a similar proposal made in 1996, would require past and current employers to provide the following information within the mandated 30 days:
- Information verifying the driver worked for that employer and the dates of employment.
- The driver’s three-year alcohol and controlled substances history. Only a two-year history is currently required although carriers must keep records going back three years.
- Information indicating whether the driver failed to undertake or complete a rehabilitation referral prescribed by a substance abuse professional within the previous three years, but only if that information is recorded with the responding previous employer. Previous employers would not be required to seek alcohol and controlled substance data they are not already required to retain.
- Information indicating whether the driver illegally used alcohol or controlled substances after having completed a rehabilitation referral, but only if recorded with the responding previous employer.
- Information indicating whether the driver was involved in any accidents as defined by federal regulations.
FMCSA noted that the 1998 Transportation Equity Act of the 21st Century (TEA-21) preempts state and local liability laws and regulations, thus limiting employer liability for investigating, furnishing and using previous employer driver safety performance records as part of the hiring decision. This proposal incorporates that into the regulations, prohibiting legal action or proceeding for defamation, invasion of privacy, or interference with a contract against carriers, agents or insurers of a person as long as they are acting within the rules and have not knowingly furnished false information.
The proposals also add protections for drivers, including the right to review information provided by previous employers, the right to have errors in the information corrected by the employer who provided the information, and the right to have a rebuttal statement attached to the alleged erroneous information if the submitting information disputes the driver’s claim that information is incorrect.
The complete proposal can be found in the July 17 Federal Register, which can be accessed on the Internet at www.gpoaccess.gov. Comments are due Sept. 2, 2003 and can be submitted electronically via http://dms.dot.gov. Reference Docket number FMCSA-97-2277.


More Drivers

Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →
Ad Loading...
Podcast thumbnail showing Jane Jazrawy, the words "When Drivers Tune Out," and a line drawing of a truck.
DriversJuly 2, 2026

Driver Retention Lessons From the Best Fleets to Drive For

What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.

Read More →
Man standing beside tractor-trailer in sepia tone with the words "Farewell CDL" superimposed on top
Driversby Jack RobertsJuly 1, 2026

Farewell, CDL: Why I'm Giving Up My Commercial Driver's License

After more than 20 years as a CDL holder, HDT Executive Editor Jack Roberts is letting his commercial license expire. Not because he wants to — but because trucking's nuclear verdict crisis has made the risks of public-road test drives too great for editors, manufacturers, and everyone involved.

Read More →
HDT Talks Trucking thumbnail with photo of Jane Jazrawy and the text,, "When Drivers Tune Out"
Driversby Deborah LockridgeJune 24, 2026

How Top Trucking Fleets Improve Driver Retention [Video]

What do healthy snacks, optimized routing, and just picking up the phone have in common? They're all strategies the Best Fleets to Drive For are using to retain truck drivers.

Read More →
Ad Loading...
Trucker Path Cargo Net theft overlay.
Driversby News/Media ReleaseJune 23, 2026

Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform

Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.

Read More →
Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Ad Loading...
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 →