DOT Work History

DAC goes back 7 years, and no it's not a good idea to omit any driving job on your app. You can contact DAC and they will give you a free copy of your report once a year, if anything on it is incorrct they have a process in place to get it changed however good luck with that as I've never heard of but a few people getting theirs fixed and those were really glaring mistakes. Companies can basically put anything they want on your DAC record and other than adding a reply from you to the record there's nothing you can do about it. That is the reason OOIDA has them in court now for unfair business practices. There are a few companies who don't check or report to DAC but they are few and far between. Good Luck

 

Past employment checks are required by FMCSA http://www.fmcsa.dot.gov/safety-security/eta/part391.htm
Any gaps must be explained . FMCSA only requires 3 years . Employers may ask for more .

 

With all due respect I have a conflict here. Unless my book is already out of date the driver must list 10 years of prior employment. And sure they could have change the requirement but as of july of 07 section § 383.35 (c) calls for 10 years employment history. Please advise!

Anyway either way it's no big deal. All they want to know is if there is any space like jail time on your work history. Don't lie because you could be done before you even start.

 

No need to advise I checked it still there http://www.fmcsa.dot.gov/rules-regu...?rule_toc=752&section=383.35&section_toc=1319

Seems kind of stupid to list two different requirements. But the one you listed is for employers to investigate and the one that is in question is for the employee filling out a job application.

 

The reason motor carrier do all the checks is they are mandated by the federal DOT.

From a retired federal DOT official

 

GASHAULER: Your statement is partially true. A driver is required under 391 to list all employers for the previous 3-years. In addition, an applicant must list all motor carrier employment for 7 additional years. If the applicant hasn't driven but 3 years then that's all need be shown on the application.

I think we were speaking in the same direction but I wanted to clarify this.

 

I'm sorry but I read it different. Section C states you need to list all employers for 10 years and section C1 states if you drove commercially you must list names and address. That's what my company did years ago when I went there in 90. I showed I hade some military time but had to list all my trucking jobs by contacts and addresses. No where does §383.35 speak of three years. But really the point of the whole subject here was to tell the truth on the job application and if the employer only wants so much information that's there problem and the driver should be covered if he tells the truth.

 

GAS: Here is the applicable information. Part 383.35 (to which you are probably referring) is not the applicable part assuming I am reading your post correctly.. The applicable part is 391.21(b)(10) and (11). Section 391.21(c) merely states that a motor carrier may ask for more information than what is required in section (b). At (10) the rule requires all employment for the previous 3-years. At (11) the requirement is all trucking experience for 7-additional years.

There is no section (c)(1) in part 391.

I have highlighted in bold print, underlined and placed in italics the applicable parts.

[Code of Federal Regulations] [Title 49, Volume 5] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR391.21] [Page 328-329] TITLE 49--TRANSPORTATION DEPARTMENT OF TRANSPORTATION PART 391_QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS--Table of Contents Subpart C_Background and Character Sec. 391.21 Application for employment. (a) Except as provided in subpart G of this part, a person shall not drive a commercial motor vehicle unless he/she has completed and furnished the motor carrier that employs him/her with an application for employment that meets the requirements of paragraph (b) of this section. (b) The application for employment shall be made on a form furnished by the motor carrier. Each application form must be completed by the applicant, must be signed by him/her, and must contain the following information: (1) The name and address of the employing motor carrier; (2) The applicant's name, address, date of birth, and social security number; (3) The addresses at which the applicant has resided during the 3 years preceding the date on which the application is submitted; (4) The date on which the application is submitted; (5) The issuing State, number, and expiration date of each unexpired commercial motor vehicle operator's license or permit that has been issued to the applicant; (6) The nature and extent of the applicant's experience in the operation of motor vehicles, including the type of equipment (such as buses, trucks, truck tractors, semitrailers, full trailers, and pole trailers) which he/she has operated; (7) A list of all motor vehicle accidents in which the applicant was involved during the 3 years preceding the date the application is submitted, specifying the date and nature of each accident and any fatalities or personal injuries it caused; A list of all violations of motor vehicle laws or ordinances (other than violations involving only parking) of which the applicant was convicted or forfeited bond or collateral during the 3 years preceding the date the application is submitted; (9) A statement setting forth in detail the facts and circumstances of any denial, revocation, or suspension of any license, permit, or privilege to operate a motor vehicle that has been issued to the applicant, or a statement that no such denial, revocation, or suspension has occurred; (10)(i) A list of the names and addresses of the applicant's employers during the 3 years preceding the date the application is submitted, (ii) The dates he or she was employed by that employer, (iii) The reason for leaving the employ of that employer, (iv) After October 29, 2004, whether the (A) Applicant was subject to the FMCSRs while employed by that previous employer, (B) Job was designated as a safety sensitive function in any DOT regulated mode subject to alcohol and controlled substances testing requirements as required by 49 CFR part 40; (11) For those drivers applying to operate a commercial motor vehicle as defined by Part 383 of this subchapter, a list of the names and addresses of the applicant's employers during the 7-year period preceding the 3 years contained in paragraph (b)(10) of this section for which the applicant was an operator of a commercial motor vehicle, together with the dates of employment and the reasons for leaving such employment; and (12) The following certification and signature line, which must appear at the end of the application form and be signed by the applicant: This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge. ________________________________________________________________________ (Date) ________________________________________________________________________ (Applicant's signature) (c) A motor carrier may require an applicant to provide information in addition to the information required by paragraph (b) of this section on the application form. (d) Before an application is submitted, the motor carrier must inform the applicant that the information he/she provides in accordance with paragraph (b)(10) of this section may be used, and the applicant's previous employers will be contacted, for the purpose of investigating the applicant's safety performance history information as required by paragraphs (d) and (e) of Sec. 391.23. The prospective employer must also notify the driver in writing of his/her due process rights as specified in Sec. 391.23(i) regarding information received as a result of these investigations. [35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 52 FR 20589, June 1, 1987; 60 FR 38744, July 28, 1995; 69 FR 16719, Mar. 30, 2004]