Current through Register Vol. 48, No. 9, September 27, 2024
(a)
Except as provided in subpart G of 38-382, a person shall not drive a
commercial motor vehicle unless he/she has completed and furnished the motor
carrier that employs him/her with an application for employment that meets the
requirements of paragraph (b).
(b)
The application for employment shall be made on a form furnished by the motor
carrier. Each application form must be completed by the applicant, must be
signed by him/her, and must contain the following information:
(1) The name and address of the employing
motor carrier;
(2) The applicant's
name, address, date of birth, and social security number;
(3) The addresses at which the applicant has
resided during the 3 years preceding the date on which the application is
submitted;
(4) The date on which
the applicant is submitted;
(5) The
issuing State, number, and expiration date of each unexpired commercial motor
vehicle operator's license or permit that has been issued to the
applicant;
(6) The nature and
extent of the applicant's experience in the operation of motor vehicles,
including they type of equipment (such as buses, trucks, truck tractors,
semitrailers, full trailers, and pole trailers) which he/she has
operated;
(7) A list of all motor
vehicle accidents in which the applicant was involved during the 3 years
preceding the date the application is submitted, specifying the date and nature
of each accident and any fatalities or personal injuries it caused;
(8) A list of all violations of motor vehicle
laws or ordinances (other than violations involving only parking) of which the
applicant was convicted or forfeited bond or collateral during the 3 years
preceding the date the application is submitted;
(9) A statement setting forth in detail the
facts and circumstances of any denial, revocation, or suspension of any
license, permit, or privilege to operate a motor vehicle that has been issued
to the applicant, or a statement that no such denial, revocation, or suspension
has occurred;
(10)
(i) A list of the names and addresses of the
applicant's employers during the 3 years preceding the date the application is
submitted;
(ii) The dates he or she
was employed by that employer;
(iii) The reason for leaving the employ of
that employer;
(iv) After October
29, 2004, whether the
(A) Applicant was
subject to the FMCSRs while employed by that previous employer;
(B) Job was designated as a safety sensitive
function in any DOT regulated mode subject to alcohol and controlled substances
testing requirements as required by 49 CFT Part 40;
(11) For those drivers applying to
operate a commercial motor vehicle as defined by Part 38-383 of this
regulation, a list of the names and addresses of the applicant's employers
during the 7-year period preceding the 3 years contained in paragraph (b)(10)
for which the applicant was an operator of a commercial motor vehicle, together
with the dates of employment and the reasons for leaving such employment;
and
(12) The following
certification and signature line, which must appear at the end of the
application form and be signed by the applicant:
This certifies that this application was completed by me,
and that all entries on it and information in it are true and complete to the
best of my knowledge.
______________________________________
(Date)
______________________________________
(Applicant's signature)
(c) A motor carrier may require an applicant
to provide information in addition to the information required by paragraph (b)
on the application form.
(d) Before
an application is submitted, the motor carrier must inform the applicant that
the information he/she provides in accordance with paragraph (b)(10) may be
used, and the applicant's previous employers will be contacted, for the purpose
of investigating the applicant's safety performance history information as
required by paragraphs (d) and (e) of Regulation Regulation
38-391.23.
The prospective employer must also notify the driver in writing of his/her due
process rights as specified in Regulation Regulation
38-391.23(i)regarding
information received as a result of these investigations.
