the complete - foley · the complete driver qualification handbook (part 2) • 3 what is...

Your Step-by-Step Guide to Complying with Regulation Part 391

Part 2: Managing Your Files

The CompleteDriver Qualification Handbook

IntroductionThis ebook is part of a two-part series on creating and managing driver files that are compliant with Regulation Part 391. In the companion piece, we walked you through the file creation process, which includes having new drivers complete a DOT-compliant application, verifying their qualifications and completing the required background check process.

The Complete Driver Q

ualification Handbook (Part 2) • 2



What is Regulation Part 391?

Regulation Part 391 helps ensure that all federally-regulated motor carriers are qualified to be on our nation’s roadways –in terms of their physical health, professional experience and motor vehicle record. These regulations apply to any carrier, no matter how many drivers they employ, that operates a vehicle involved in interstate commerce that:

If you are an owner operator, you must serve as both the boss and an employee for your business. This means that you must perform the duties of a carrier by keeping detailed records on your drivers and doing follow-up screenings and regular tests as required. You must also follow all the same rules for yourself as a driver.

Weighs at least 10,001 pounds

Carries more than 9 passengers

Transports materials deemed hazardous under the Hazardous Materials Transportation Act

Files must be kept for the duration of a driver’s employment with your company,

plus three years thereafter

The Driver Qualification File (DQF)

The information obtained through these steps is then compiled into two separate files as follows:

DOT-Compliant Application

A Motor Vehicle Report for every state the driver held a CDL or permit in the past three years

A road test certificate or photocopy of the driver’s CDL

A valid Medical Examiner’s Certificate

Verification that the medical examiner used is on the registry

A Skill Performance Evaluation Certificate

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Name and Contact Information

Employee Alerts & Notifications

Carson Johnny

Crain Nell

Cusack

Safety Performance History (SPH)

A copy of the driver’s written authorization to contact previous employers about their alcohol and controlled substances history

A copy of all responses received from previous DOT-regulated employers, or your record of attempts to contact them

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When your files are complete, there will be steps you’ll need to take on an ongoing basis to ensure they stay compliant with Regulation Part 391. With reports to gather and expiration dates to watch, this process requires a high level of organization – especially for larger fleets with many drivers to manage.

If you haven’t read the other part of this series yet, you can download your free copy here. Then, once you’ve verified that your files are complete and compliant, you can use the information in the pages that follow to manage your files on an ongoing basis.



Employee Driver File

Carson Johnny

Are Your Files Secure?

Due to the sensitive information that is contained in the Safety Performance History file, it must be kept in a secure location where only those who are involved in the employment decision can access it. If you prefer, you can keep the Driver Qualification File with it so that each driver’s information is in the same spot and easy to access.

Failure to protect the security of the files can lead to fines from the FMCSA.

At Foley, our answer to file security is our driver file portal, which keeps all of your drivers’ information in a secure, online account. You’ll find more information about our portal at the end of this ebook.



Required File Management

To maintain files that are compliant with Regulation Part 391, there are a few key items you must track and update for the duration of each driver’s employment.

Medical Certificates

All drivers must have a DOT medical evaluation at least once every 24 months (or as often as the medical examiner deems necessary) to ensure they are physically able to drive a commercial motor vehicle. Once this physical is complete, the updated medical certificate must be kept in the Driver Qualification File.

Conditions that require more frequent medical examinations include hypertension, heart disease, diabetes and sleep apnea.



If your driver has a physical impairment that affects their ability to operate a commercial motor vehicle safely, they’re required to have a state-issued “variance” that must be carried with them whenever they’re driving a CMV. If a driver has impaired or missing limbs, they must have a special type of variance, known as a Skill Performance Evaluation (SPE).

All variances (including SPEs) need to be renewed periodically and expiration dates must be tracked right along with the driver’s medical certificate.

Variance Renewals

Medical Certificate Violations

In 2017, over 70,000 drivers were cited for not having a valid medical certificate during roadside inspections – making it one of the most common driver violations that year. Based on data from 2015 (the most recent year it’s available), a single violation for a missing, altered or falsified medical certificate often exceeds $2,000.

To prevent hefty fines or out-of-service orders, it’s important to keep a close eye on medical certificate and variance expiration dates to ensure that drivers have enough time to schedule and have a medical evaluation or submit their variance application before their certificate expires.

of drivers with an expired CDL were taken off the road.

98%

Every state has its own licensing laws, so how long a CDL is valid will depend on where it was issued.

In 2017, driving with an expired CDL was one of the top violations, amounting in fines of approximately $2,000 per occurrence. Unsurprisingly, it also results in the most out-of-service orders, with 98% of drivers with an expired CDL being taken off the road.

License Expiration Dates

In order to legally operate a motor vehicle, drivers must have a valid license and all required endorsements and/or classes must be active. It is important to track expiration dates carefully to ensure that no one with an expired license gets behind the wheel.

How long a CDL is valid will depend on where it was issued, with each state having its own licensing laws. In Connecticut, for example, CDLs must be renewed every 4 years. In Ohio, CDLs are renewed every 8 years.

Expired CDL Violations



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Annual Driving Records

Every year, you must obtain an updated Motor Vehicle Report (MVR) for each driver to ensure they are qualified to drive a commercial motor vehicle. This MVR will show a record of all moving violations, accidents and license suspensions and revocations. During this process, you must consider the following:

This annual MVR must be placed in the Driver Qualification File along with a note showing the name of the person who performed the annual review and the date the review occurred.

Did the driver violate any hazardous materials regulations?

Did the driver violate any motor vehicle laws that show a general disregard for public safety? This may include drug and alcohol violations, speeding or reckless driving.



Annual Review of Driving Violations

Drivers are required to submit an annual list of moving violations to you. This list should include all violations (with the exception of parking) that occurred in the past 12 months. If there were no violations in the past 12 months, the driver must certify that no violations exist.

Prior to beginning the annual review, you must provide the driver with a Driver’s Certification for them to fill out.

Once the review is complete, it should be kept on record with the updated MVR in the Driver Qualification File.

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Reducing Risk

MVR Monitoring

Although employers are only required to run an MVR annually, it has become standard practice to keep close tabs on their drivers’ MVRs throughout the year. Imagine, for example, that a driver receives a license suspension or a DUI soon after the annual report is run. Unless he comes clean and volunteers the information, you’ll be in the dark for the next year.

Enrolling each employee in an MVR Monitoring program solves this problem by providing you with new information as it becomes available. This program continuously monitors each employee’s record and pulls an updated report as soon as new information is detected. In some states, this process occurs immediately - while in others, information is updated monthly.

In terms of helping you manage the requirements of regulation Part 391, MVR Monitoring also keeps you up to date on the status of each driver’s medical certificate so that you’ll know when it’s been updated. It also fulfills your annual requirement to run an updated MVR on each driver you employ.Employee Alerts & Notifications

Carson Johnny

Crain Nell

Cusack



RecruitStart by using our pre-built, DOT compliant application to gather information on interested candidates – directly from the job sites they visit most. Each time an application is submitted, it will post instantly to your portal account for your review.

ScreenOnce you’ve selected a candidate, we’ll use the information gathered through the application above to jumpstart all of your driver’s screening needs – from prior employee verifications to DOT physicals and drug screens. Not only will you be fulfilling a DOT requirement, but you’ll get a comprehensive look into each prospective employee’s past.

ComplyWe’ll automatically use the information gathered above to fulfill your driver’s onboarding requirements. We’ll then manage their compliance on an ongoing basis by both proactively processing reports when they’re due and providing guidance and alerts when action is required on your behalf.

Lightning Fast Driver Recruiting & Compliance

One Platform. One Partner. No Worries.

(860) 815-3974

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