Driver Hiring and Onboarding Checklist for Owner Operators

A driver must be at least 21 years old, read and speak English well enough to talk with the public, read road signs, answer officials and fill out reports, and be able to safely run the vehicle you assign. The driver must hold a valid CDL issued by only one state, be physically qualified and not be disqualified (49 CFR 391.11(b)).

It must show the driver's name, address, date of birth and Social Security number, addresses for 3 years, license details, driving experience and equipment, accidents and traffic convictions for 3 years, any license denial, suspension or revocation, and employers for 3 years. For CDL jobs it also lists employers for the 7 years before that. The driver signs a certification at the end (49 CFR 391.21(b)). A person may not drive a CMV for you until the application is on file (391.21(a)).

Before any hiring decision, in the application or another written document, tell a driver with DOT-regulated work in the last 3 years about three rights: to review what previous employers send you, to have errors corrected, and to attach a rebuttal if they disagree (49 CFR 391.23(i)(1)).

The driver must give specific consent for a full Clearinghouse query (49 CFR 382.701(a)(2)) and consent that lets previous employers release drug and alcohol information (391.23(f)(1)). If the driver refuses either one, you must not let the driver operate a CMV for you (391.23(f)).

You must not use a driver for safety-sensitive work without first running a full query (49 CFR 382.701(a)). You must not let a driver work if the query shows a verified positive test, an alcohol test of 0.04 or higher, a refusal, or reported actual knowledge of use, unless the driver has finished the return-to-duty process (382.701(d)). Keep a record of each query for 3 years. A valid registration meets this (382.701(e)).

Before a driver first does safety-sensitive work for you, you must receive a verified negative controlled substances result from the MRO or C/TPA (49 CFR 382.301(a)). You may skip the test only if the driver was in a compliant testing program in the past 30 days, was tested within 6 months or was in the random program for 12 months, and you get the program's records (382.301(b) and (c)).

A pre-employment alcohol test is optional. If you use one, give it to every covered employee, after a contingent offer, with 49 CFR Part 40 procedures. The driver may not begin safety-sensitive work with a result of 0.04 or higher (49 CFR 382.301(d)).

You or a competent person you pick gives the road test in the type of vehicle you will assign. It must cover at least 8 skills: the pre-trip inspection, coupling and uncoupling, starting, using the controls and emergency equipment, driving in traffic and passing, turning, braking, and backing and parking. Use a rating form and sign a certificate (49 CFR 391.31). In place of a test you may accept a valid CDL, not counting a double, triple or tank endorsement, or a road test certificate from the last 3 years. Keep a copy, and you may still require your own test (391.33).

For a CDL driver, get the CDLIS record that shows medical certification status. For a driver without a CDL, keep the examiner's certificate and a note that the examiner is on the National Registry. The exam must be done by an examiner on the National Registry (49 CFR 391.51(b) and 391.43(a)).

Give each driver you hire or move into a CMV job educational materials that explain the testing rules and your policies, including who to ask questions and what counts as a refusal. Do it before testing starts for that driver (49 CFR 382.601(a)).

Create the driver's account with the name on the license and a unique username that does not use the license or Social Security number (49 CFR 395.22(c)). Make sure the truck has an ELD information packet: an instruction sheet for data transfer, an instruction sheet for malfunctions, and blank grid logs for at least 8 days (395.22(h)).

Ask each state that licensed the driver in the last 3 years for the driver's 3-year driving record, within 30 days of the date employment begins. Put a copy in the driver qualification file within the same 30 days. If no record comes back, document a good-faith effort (49 CFR 391.23(a)(1) and (b)).

Ask all DOT-regulated employers from the last 3 years for identification and employment dates and for accidents in that period. Put the replies, or proof of good-faith efforts, in the driver investigation history file within 30 days. For each employer, write down the name and address, the date you asked and what you got back (49 CFR 391.23(a)(2), (c) and (d)).

For FMCSA-regulated previous employers, use the Clearinghouse. If the driver still owes follow-up tests, ask the previous employer for the follow-up testing plan. For a previous employer in another DOT agency's program, ask that employer directly (49 CFR 391.23(e) and 382.413).

If the driver has no DOT-regulated employer in the last 3 years, put a note in the driver investigation history file saying no investigation was possible, within the same 30 days. Report previous employers who do not answer to FMCSA, and keep a copy (49 CFR 391.23(c)).

A driver may ask in writing, at any time up to 30 days after being hired or told of a denial. You must provide the previous-employer information within 5 business days of the request. If you have not received it yet, the 5 days start when you do (49 CFR 391.23(i)(2)).

The file holds the application, the motor vehicle record, the road test certificate or equivalent, the annual record and review note, proof of medical certification and any medical variance. Keep it as long as the driver works for you and for 3 years after (49 CFR 391.51).

Keep it in a secure place with controlled access. Only people who make the hiring decision, or who control access, may see it, and the data may be used only for the hiring decision. Keep the previous-employer records for a hired driver as long as the driver works for you and for 3 years after (49 CFR 391.53).

At least once every 12 months, get each driver's motor vehicle record, review it and keep a note of who did it and when (49 CFR 391.25).

Query at least once a year for each driver. With the driver's consent you may use a limited query, and one consent can last more than a year. If a limited query shows information exists, run a full query within 24 hours or take the driver off safety-sensitive work until you do (49 CFR 382.701(b)).

A driver must be examined and certified at least every 24 months. Some drivers, such as those with insulin-treated diabetes or a vision exemption, need it within 12 months (49 CFR 391.45).