Once a driver completes their application, FMCSA regulation 49 CFR 391.23 requires you to investigate their background — the driving record and, for DOT-regulated prior employers, their safety performance and drug & alcohol testing history. Here is what you must request and keep on file.
What the investigation must include
- directions_carMotor Vehicle Records (3 years)Obtain the driver’s MVR from every state in which they held a license or permit during the preceding 3 years to review the driving record and any license actions.
- businessGeneral employment verification (3 years)Contact all employers from the previous 3 years to verify dates of employment and the position held.
- shieldSafety performance history (DOT-regulated employers)From each DOT-regulated employer in the past 3 years, request the driver’s accident history and any information about incidents involving the safe operation of a commercial motor vehicle.
- scienceDrug & alcohol testing history (Part 40)Request records of DOT drug and alcohol violations, refusals, and completion of the return-to-duty process for the past 3 years, as required under 49 CFR Part 40.
- assignment_turned_inDriver written consentThe driver must give written authorization before you can request drug & alcohol testing history from previous employers.
- scheduleDocumented good-faith effortYou must make and document a good-faith effort to obtain the information. Keep a record of who you contacted, when, and the response — even if a prior employer does not reply.
Note: This page summarizes 49 CFR 391.23 for general guidance and is not legal advice. Deadlines and requirements change — confirm current rules at fmcsa.dot.gov or with qualified counsel.
How it fits into hiring
The safety performance history investigation builds directly on the driver’s application: you use the employment and license details captured under 49 CFR 391.21 to know which employers and states to contact. Combined with your Clearinghouse query, these records complete the compliance picture and become part of the Driver Qualification file. See the full process in our guide to hiring a truck driver.
Frequently asked questions
What is FMCSA 49 CFR 391.23?
49 CFR 391.23 is the FMCSA rule that requires a motor carrier to investigate a newly hired driver’s background — including the Motor Vehicle Record and the driver’s safety performance and drug & alcohol testing history from DOT-regulated employers over the previous 3 years.
How long do I have to complete the investigation?
The MVR inquiry must be made within 30 days of the date employment begins. The safety performance history investigation must be completed within 30 days of the date employment begins as well, and the records kept in the Driver Qualification file.
What if a previous employer does not respond?
You are required to make and document a good-faith effort. If a prior DOT-regulated employer fails to respond, keep a dated record of your requests and follow-ups in the file to show the effort was made.