49 CFR §391.23

Definition

49 CFR §391.23 is the FMCSA regulation that requires every motor carrier to investigate the driving record and previous employment of each driver it hires to operate a commercial motor vehicle. §391.23(a)(1) requires an MVR from each state in which the driver held a motor vehicle operator’s license or permit during the past three years; in practice a CDLIS check identifies those states and each state’s MVR is then pulled. §391.23(a)(2) requires an investigation of the driver’s safety performance history with each DOT-regulated employer over the past three years, including drug and alcohol testing history and accidents. The MVR and CDLIS results go in the DQ file within 30 days of the start date, while previous-employer responses are kept in the separate §391.53 driver investigation history file. Auditors lead with §391.23 because it shows whether a carrier actually screens its drivers.