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49 CFR 391.23: Background investigation of new drivers

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49 CFR 391.23: Background investigation of new drivers
Law read on2026-11-06[1]

49 CFR 391.23 addresses what a motor carrier must investigate about an incoming driver's licensing record and prior employment safety history, subject to the exceptions identified in subsection (a). Under 49 CFR 391.23(a)(1), the carrier must inquire within 30 days after employment begins at each licensing authority where the driver held or holds a license or permit during the preceding 3 years, requesting the prior 3-year driving history. Under 49 CFR 391.23(a)(2), the employment investigation concerns safety performance with Department of Transportation regulated employers during the preceding three years.[1][2][3][4][5][6][7][8][9][10]

49 CFR 391.23(b) places licensing records in the driver qualification file, while 49 CFR 391.23(c) directs employment investigation responses or documented good faith efforts into the driver investigation history file. Beyond collecting records, 49 CFR 391.23(i), (j), and (k) address driver review, correction, rebuttal, and restrictions on use; 49 CFR 391.23(m) separately addresses medical certification verification.[1][2][3][4][5][6][7][8][9][10]

Contents

What the cited provisions say

49 CFR 391.23(d) requires requests to previous employers that employed the applicant to operate a CMV within the previous three years, covering identification, employment verification, and specified accident information, with contact details for returning responses. Under 49 CFR 391.23(e), the additional investigation covers DOT-regulated employers that employed the driver during the three years before the employment application in safety-sensitive functions requiring testing under 49 CFR part 40; paragraph (e)(3) limits its subsequent-testing inquiry to drivers who successfully completed a substance abuse professional's rehabilitation referral and remained employed by the referring employer.[1][2][3][4][5][6][7][8][9][10]

Under 49 CFR 391.23(e)(4), as of January 6, 2023, employers subject to § 382.701(a) must use the Clearinghouse to satisfy this section's requirements concerning FMCSA-regulated employers; if an applicant subject to follow-up testing has not successfully completed all follow-up tests, paragraph (e)(4)(i) requires requesting the testing plan directly from the previous employer, and if the applicant was subject to another DOT mode's testing program, paragraph (e)(4)(ii) requires requesting the required alcohol and controlled substances information directly from those employers. Under 49 CFR 391.23(f), refusal of the required release consent or Clearinghouse query consent prevents the prospective carrier from allowing CMV operation. Under 49 CFR 391.23(e)(2), when the previous employer lacks rehabilitation completion information, the carrier must obtain successful-completion documentation directly from the driver.[1][2][3][4][5][6][7][8][9][10]

Who and what the provisions cover

49 CFR 390.3T(a)(1) establishes general applicability to employers, employees, and commercial motor vehicles transporting passengers or property in interstate commerce, subject to the exceptions in 49 CFR 390.3T(f). Under 49 CFR 390.5T, interstate commerce includes transportation across State boundaries, transportation within a State through another State or country, and in-State transportation forming part of trade originating or terminating outside that State or the United States.[1][2][3][4][5][6][7][8][9][10]

49 CFR 390.5T defines a driver as a person operating a commercial motor vehicle and includes independent contractors operating such vehicles within its employee definition. Under 49 CFR 390.5T, a previous employer is a DOT regulated person employing the driver during the preceding 3 years, potentially including a current employer. Under the accident definition in 49 CFR 390.5T, a highway CMV occurrence in interstate or intrastate commerce qualifies if it results in a fatality, bodily injury for which the injured person immediately receives medical treatment away from the scene, or disabling damage requiring a motor vehicle to be transported away by a tow truck or other motor vehicle; occurrences involving only boarding or alighting from a stationary vehicle, or only loading or unloading cargo, are excluded.[1][2][3][4][5][6][7][8][9][10]

Conditions and exceptions

49 CFR 391.61 exempts a driver from §§ 391.21, 391.23, and 391.31 if the driver has been a single-employer driver of that motor carrier for a continuous period beginning before January 1, 1971, and continues to be a single-employer driver of that same carrier. Under 49 CFR 391.69, §§ 391.21, 391.23, and 391.31 do not apply to a driver who was a single-employer driver of a private motor carrier of passengers (business) as of July 1, 1994, so long as the driver continues as a single-employer driver of that same carrier. Under 49 CFR 391.63, multiple-employer drivers are exempt from § 391.23 investigations, but carriers must obtain the specified identity and license information before driving and retain it for three years after employment ends.[1][2][3][4][5][6][7][8][9][10]

Under 49 CFR 391.2(a), part 391, except § 391.15(e) and (f), does not apply to a driver operating a CMV controlled and operated by a person engaged in custom-harvesting operations when the vehicle transports farm machinery or supplies to or from a farm for those operations, or custom-harvested crops to storage or market; paragraph (b) provides the same exception for a driver operating a CMV controlled and operated by a beekeeper engaged in seasonal transportation of bees. Under 49 CFR 391.2(c), the farm vehicle driver exclusion preserves those provisions and does not cover articulated CMVs; 49 CFR 391.2(d) limits its covered-farm-vehicle exclusion to physical qualifications and examinations. Under 49 CFR 391.23(c)(1), after October 29, 2004, investigation documentation is due within 30 days after employment begins; driver review, correction, or rebuttal time remains separate.[1][2][3][4][5][6][7][8][9][10]

49 CFR 391.21(d) requires notice before application submission that employment information may support the safety investigation and previous employers will be contacted, together with written notice of review rights. Under 49 CFR 391.23(i)(1), before any hiring decision, the prospective employer must expressly notify drivers with DOT-regulated employment during the preceding three years, through the application or another written document, of their rights to review information provided under paragraphs (d) and (e), have the previous employer correct errors and resend corrected information, and attach a rebuttal if the driver and previous employer cannot agree on accuracy. Under 49 CFR 391.23(i)(2), drivers with DOT-regulated employment during the preceding three years may request review in writing when applying or as late as 30 days after employment begins or notification of denial; the employer must provide the information within five business days after receiving the request, or after receiving the requested records if they are still outstanding, and may consider the request waived if the driver does not arrange to pick up or receive the records within 30 days after they are made available.[1][2][3][4][5][6][7][8][9][10]

49 CFR 391.51(c) generally requires qualification-file retention throughout employment and for three years afterward, subject to the specified record-removal allowances in subsection (d). Under 49 CFR 391.53(a) and (c), investigation files require controlled access, hiring-decision use, and retention of hired drivers' received histories throughout employment and for three years afterward. Under 49 CFR 391.53(a)(1), insurer access excludes alcohol and controlled substance data; 49 CFR 391.53(d) requires access for specified authorized representatives upon request.[1][2][3][4][5][6][7][8][9][10]

Source date and limits

The saved-source date is 2026-11-06. This entry has statute-only scope, meaning it is confined here to the supplied primary regulatory text and does not incorporate judicial interpretation. The eCFR materials are attributed to the National Archives and Records Administration, Office of the Federal Register. Their saved date does not establish that today's law has been verified. Cross-references without saved text are not independently explained, including the complaint procedure referenced in 49 CFR 391.23(c)(3) and (j)(6).[1][2][3][4][5][6][7][8][9][10]

49 CFR 391.23(l) limits specified defamation, privacy, and contract-interference proceedings involving compliant furnishing or use of information, but excludes knowing falsehoods, procedural noncompliance, and insurer protection for alcohol or controlled substance information. Historical dates also constrain the saved text: 49 CFR 391.23(m)(2) and (3) end specified medical-certificate substitution allowances on June 22, 2025. This background-investigation summary is general reference information, not legal advice, and does not resolve individual hiring disputes or supply conclusions about fault, damages, or insurance coverage.[1][2][3][4][5][6][7][8][9][10]

On related publications

Law checked on against the primary sources cited below. Statutes and rules change; read the current official text before relying on a deadline or rule.

References

  1. abcdefghijklm "49 CFR 390.3T, General applicability". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  2. abcdefghijkl "49 CFR 390.5T, Definitions". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  3. abcdefghijkl "49 CFR 391.2, General exceptions". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  4. abcdefghijkl "49 CFR 391.21, Application for employment". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  5. abcdefghijkl "49 CFR 391.23, Investigation and inquiries". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  6. abcdefghijkl "49 CFR 391.51, General requirements for driver qualification files". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  7. abcdefghijkl "49 CFR 391.53, Driver investigation history file". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  8. abcdefghijkl "49 CFR 391.61, Drivers who were regularly employed before January 1, 1971". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  9. abcdefghijkl "49 CFR 391.63, Multiple-employer drivers". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record
  10. abcdefghijkl "49 CFR 391.69, Private motor carrier of passengers (business)". National Archives and Records Administration, Office of the Federal Register (eCFR). Official source. Checked . Source record