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.
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.

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

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 →
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 →
Western Star Showcases Truckers' Pride and Skill
Western Star is expanding its Star Nation Experience in 2026, adding new competitions and dealer participation to highlight operator skills and promote careers in trucking.
Read More →
Best Fleets to Drive For: Two Carriers Earn Overall Award for First Time
CarriersEdge announced the 2026 Best Fleets to Drive For overall winners, with Crawford Trucking, Fortigo Freight Services, and FTC Transportation receiving top awards.
Read More →
Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training
The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.
Read More →
Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal
For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.
Read More →
FMCSA Reinstates Field Warrior ELD to Registered Device List
One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.
Read More →
How One Company is Using Smart Suspension Technology to Reduce Driver Injuries and Improve Retention
America’s Service Line adopted Link’s SmartValve and ROI Cabmate systems to address whole-body vibration, repetitive strain, and driver turnover. The trucking fleet is already seeing measurable results.
Read More →
CarriersEdge Announces 2026 Best Fleets to Drive For
The 18th annual contest recognizing the best workplaces for truck drivers sees changes to Top 20, Hall of Fame
Read More →
FMCSA Targets 550+ ‘Sham’ CDL Schools in Nationwide Sting Operation
The Federal Motor Carrier Safety Administration issued more than 550 notices of proposed removal to commercial driver training providers following a five-day nationwide enforcement sweep. Investigators cited unqualified instructors, improper training vehicles, and failure to meet federal and state requirements.
Read More →
