49 CFR §391.23 (Investigation and Inquiries)
49 CFR §391.23 is the FMCSA regulation that requires every motor carrier to investigate the driving record and previous employment of each driver hired for commercial motor vehicle operation, including a Motor Vehicle Record from every state in which the driver held a license over the prior three years.
What it is
The rule has three operative parts. §391.23(a)(1) requires the carrier to obtain an MVR from each state in which the driver held a motor vehicle operator's license or permit during the past three years - in practice, this means using CDLIS to identify those states and then pulling each MVR. §391.23(a)(2) requires the carrier to investigate the driver's safety performance history with each DOT-regulated employer over the past three years. §391.23(d) lists the minimum information the carrier must request from each previous employer, and §391.53 requires the responses to be kept in a separate secure driver investigation history file - retained for as long as the driver is employed and for three years thereafter - not in the DQ File.
How it applies
For new hires, the §391.23 MVR and CDLIS pulls must be completed within 30 days of the start date - though most carriers do them pre-hire so they don't pay onboarding costs on a driver who fails screening. The previous-employer investigation must cover the prior three years and must specifically inquire about (a) general performance, (b) drug and alcohol testing history, and (c) any accidents reportable under §390.5. Responses (or refusals to respond) get filed in the separate §391.53 investigation file. A carrier that fails to do the §391.23 investigation cannot defend a negligent-hiring claim.
Why it matters
Auditors lead with §391.23. It is the cleanest measure of whether a carrier is actually screening its drivers or just collecting names. A missing §391.23 file is also a litigation goldmine for plaintiff's counsel after a serious accident - the deposition question "Did you pull this driver's record from every state where he held a license in the past three years?" is one no defense lawyer wants their carrier to answer with no.
Related terms
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