A CDL trucker in North Carolina was recently indicted for not accurately notifying his employers about past accidents and traffic violations when applying for the driving position. Drivers can use this as a reminder about the importance of honesty on employment applications, as well as proper notification of accidents and violations. The FMCSA (Federal Motor Carrier Safety Administration) takes this seriously, and truckers who do not comply can face serious charges. And trucking fleet employers can be held accountable, as well.
CDL Driver Employment Applications
When applying for a position with a new employer, a driver is expected to complete an application that is more detailed than the average job employment form. This includes listing prior accidents, including the date and nature of the incident, as well as any fatalities or injuries that occurred. Previous employment must also be detailed out.
Trucking companies are then required to verify this information before establishing a driver as qualified. This employment application is to be kept as part of the driver qualification files, and regularly updated. False statements by the applying driver can result in more than losing the chance of employment with the trucking company, as the North Carolina trucker case shows.
And if the trucking company fails to verify the information, they could be held accountable, as well. FMCSR 391.25 states that an employer must review driver’s records annually to ensure that a driver is qualified to operate a CMV (commercial motor vehicle). Office Tenders can help with these driver qualification file details, by generating previous employer verifications and obtaining driving records for new truck drivers.
CDL Driver Accident & Violation Notifications
Just as it’s crucial to be honest and thorough when applying at a new trucking company, keeping employers and the CDL licensing state notified of traffic incidents is required. FMCSR 383.31, Notification of Conviction for Drivers, states that truckers must notify both the state and the trucking company of any convictions. Depending on the offense, the commercial driver license may be suspended or revoked.
For accidents, the trucking company must keep an accident register with the details of all traffic incidents. Even if company drivers have NOT been involved in any traffic accidents, the company still needs a register. Each entry should include accident date, the location, driver information, any injuries or deaths, and a full accident report. To simplify this, drivers should keep accident reports in their trucks, and be prepared to fill one out as soon after the incident as possible. These regulations do not apply to events happening when loading or unloading cargo.
Reporting of traffic violations, other than parking, is also required. The state that issued the CDL to the driver must receive notification within 30 days, in writing, including the full name, license number, date of conviction, details of the violation, and driver’s signature. Violations must also be recorded in the driver qualification file. Serious violations are considered:
- Speeding of over 15 mph
- Reckless driving
- Following too closely
- Erratic lane changes
- Driving without an active CDL
- Driving without physical possession of the license
If a driver receives 2 of these violations in a 3 year period, they may be faced with a 60 day disqualification, and 3 in 3 years results in a 4 month suspension.
CMV-only violations, such as a blood alcohol level over .04%, driving with a revoked CDL, or causing fatality result in a 1 year suspension for the 1st offense, with the 2nd offense disqualifying the driver for life. Other major offenses include operating under the influence of drugs or alcohol, failing to submit to a test, possession of controlled substances, leaving the scene of a CMV accident, or using a vehicle to commit a felony. No matter the nature of the violation, it’s important that CDL drivers notify their employers as soon as possible, and meet all state and FMCSA reporting requirements.
DOT Paperwork Services From Office Tenders
Accurately preparing and maintaining driver qualification files is just one piece of the trucking company paperwork puzzle. With a qualified service provider like Office Tenders, you can be better prepared for a DOT audit and keep your drivers on the road. To learn more about our comprehensive DOT paperwork services, such as driver qualification files and DOT random drug and alcohol testing programs, contact Office Tenders today at 1-800-954-3414.
