Employment of Drivers

Before hiring a driver, the Federal Motor Carrier Safety Regulations require the carrier to obtain the following background information: the driver's name, current address, date of birth, Social Security number, driver's license number, a list of accidents and moving violations for the preceding three years, residence addresses for the last three years, and employers for the past three years. 49 CFR §391.21. Where the driver-applicant was previously employed as the operator of a commercial vehicle, he or she must list those prior employers for an additional seven years. The carrier is specifically required to contact the driver's past employers, as well as the Department of Motor Vehicles in every state in which the applicant has held a driver's license during the past three years. 49 CFR §391.23. Except for the limited exemptions contained in 49 CFR §391.61, a driver must successfully complete a road test and be issued a certificate. 49 CFR §391.31. In lieu of a road test, the carrier may accept a CDL issued by a state following completion of a road test in a vehicle of the type he will be operating for the carrier. In the alternative, the carrier may accept a valid certificate of driver's road test issued within the preceding three years. 49 CFR §391.33. A driver also must be medically certified as physically qualified to drive. 49 CFR §§391.41-391.49. There is also a required pre-employment test for controlled substances. See generally, 49 CFR §§40 and 82. Disqualifying offenses include the revocation, suspension, withdrawal, or denial of an operator's license, permit, or privilege; a conviction for driving a commercial motor vehicle while under the influence of drugs or alcohol if the offense was committed during on-duty time and the driver was employed by a motor carrier or furthering a commercial enterprise; a conviction for the transportation, possession, or unlawful use of drugs while the driver was on duty; a conviction for leaving the scene of an accident while operating a commercial motor vehicle; and a conviction for a felony involving the use of a commercial motor vehicle. 49 CFR §391.15(b)-(c)(2). Drivers also may be disqualified for violating an out-of-service order. 49 CFR §391.15(d). Furthermore, a motor carrier permitting a disqualified driver to operate a commercial motor vehicle is subject to civil and criminal penalties. 49 CFR §383.53 (2003). The penalties include fines between $2,500 and $25,000 and imprisonment up to 90 days. 49 U.S.C. §521(b) (2003).

Because studies reveal that the majority of jurors tentatively decide the outcome of cases based entirely on the appearance of the parties, it behooves trucking companies to carefully select drivers/employees so that said individuals portray a professional image. Drivers who are unkempt, unshaven, and surly looking can turn a jury against the company before opening statements are completed. Therefore, it is wise to hire well groomed, neatly dressed, well spoken, intelligent drivers so that when a serious accident does occur, the driver's appearance does not add value to the case. Furthermore, driver handles (nicknames such as Lead Foot, Night Stalker, Speed Demon, etc.) should be prohibited if possible.