An inquiry must be made into the driver’s driving record for the three years preceding the date of application. Form 2-2, “Inquiry to State Agency for Driver’s Record”, at the end of this chapter may be used for that purpose. This inquiry should be directed to the appropriate agency of every state in which the driver held a motor vehicle operator’s license or permit during those three years. The inquiry must be made within 30 days of the date of hire. It is recommended, however, that this record be obtained and reviewed prior to making a hiring decision. This “pre-hire” Motor Vehicle Record (MVR) should be compared against the driver’s application. Any discrepancies should be documented and explained. The pre-hire MVR must be kept in the qualification file the entire time the driver is employed and for three years after termination of employment.
Contact the state that issued the license to obtain copies of the driver’s record. Outside services for obtaining MVR’s are available and can speed up the receiving time of the records. They also offer other driver history information that is helpful in making a qualified hiring decision. Keep the Fair Credit Reporting Act (refer to next paragraph) in mind.
Fair Credit Reporting Act (FCRA).
You should visit the website shown below and go to the section entitled: “Background checks on prospective employees: Keep required disclosures simple” which will guide you in outlining your process for employee background investigations.
To view the complete law, go to the Federal Trade Commission’s website (www.ftc.gov) and click on Fair Credit Reporting Act.
