With the US Department of Transportation (DOT) heavily regulating the trucking and transportation industry, employers must follow strict industry standards when it comes to hiring new commercial drivers.
You can ensure that you offer positions to reliable, highly qualified truck drivers and transportation employees by conducting a comprehensive transportation background screening on every job candidate.
At iprospectcheck, we know the trucking industry and offer customizable transportation background checks and clinical services to help you get the information you need to confidently hire the best commercial driver for the job.
This article covers much of what you need to know about the background screening process for commercial drivers, including the various steps of the transportation background screening process and how you can manage state, federal, and industry compliance every step of the way.
Let’s dive in.
Key Takeaways
- Employers hiring commercial truck drivers must comply with DOT regulations for truck driver background checks.
- DOT-regulated employers must investigate drivers’ motor vehicle records, safety records with former employers from the last three years, drug and alcohol violations history, and comply with documentation requirements.
- Employers must comply with multiple federal and state laws and regulations or risk penalties and fines.
Why Should Trucking Companies Screen Applicants?
Trucking companies compete for drivers and have to balance their labor needs with the myriad regulations that govern the industry. Performing pre-employment background checks helps trucking carriers to find the right drivers while complying with their legal requirements.
1. Find Drivers Who Have the Right Skills
When you conduct a pre-employment background check with iprospectcheck, it’s easier to identify drivers who are a good match for your open jobs.
A background check that includes driver records will show whether your applicants have current CDLs with the right endorsements and the training that is required to drive your trucks.
This also helps to protect your company and ensure that it complies with the relevant laws.
2. Comply with FMCSA Regulations
The Federal Motor Carrier Safety Administration or FMCSA enforces regulations on the trucking industry.
Under 49 CFR § 391.23, trucking companies are required to complete several specific background checks for each prospective truck driver, including a three-year check of the driver’s history in each state where he or she has held a license, a three-year check with the Department of Transportation of the driver’s safety record, information from each employer for whom the driver operated a commercial vehicle to verify employment and any accidents the driver might have had.
The background check must also include information about failed drug and alcohol screenings and refusals to test. By completing compliant background checks, you can help your company avoid fines, penalties, and other legal problems.
3. Screen Out Drivers with Histories of Reckless Driving
When you perform a pre-employment background check, you can identify applicants with poor driving histories. This is important for protecting your company from potential liability in personal injury and wrongful death lawsuits.
If you fail to complete background checks on your applicants, you can be liable for negligent hiring if a driver causes an accident that seriously injures or kills other people.
4. Find Drivers That Comply with Regulations
When you make informed hiring decisions after conducting comprehensive background checks, you can also avoid hiring drivers who have a history of ignoring regulations.
For example, if you hire a driver who has previously altered his or her logbooks or has unplugged his or her electronic logging device to evade the hours-of-service rules, your company could be at risk.
Performing thorough background checks can protect your company from potential liability and help to ensure that you comply with FMCSA’s regulations.
Know Before You Hire
Why Does DOT Require Background Checks for CDL Drivers?
The US Department of Transportation requires that all commercial drivers who utilize a commercial driver’s license (CDL) have a background screening process completed on them prior to being hired for a trucking or transportation job. This is to ensure the safety of the truck driver and other drivers on the road.
Truck drivers bear a lot of responsibility, including driving safely on the road, maintaining their trucks, and providing on-time deliveries. The DOT background screening process reveals important information about the potential employee’s driving record, employment history, safety performance history, physical ability to do the job effectively, and ability to pass a DOT drug screen.
What Shows Up on a DOT Background Check?
A DOT background check is comprehensive and searches a wide variety of historical information on a truck driver candidate. A background check that complies with the DOT regulations includes the following:
- Motor vehicle records must be run for each state the driver held a driver’s license in the past three years. These records must be maintained in the driver qualification file.
- A Safety Performance History must be gathered from all DOT-regulated employers the candidate worked for during the three years prior to the date of their application. This must be completed with the knowledge of the candidate. The employer has thirty days from the date employment begins to complete this investigation.
- A verification of any drug or alcohol-related violations within the previous three years. The prospective employer will do this by providing the former employers with a signed consent from the candidate requesting a performance history.
- A DOT drug test, which tests for marijuana, cocaine, opiates including opium and codeine derivatives, Amphetamines and methamphetamines, and phencyclidine (PCP).
- A DOT Physical exam to ensure the truck driver is physically capable of performing the driving tasks safely. Once successfully passed, the employer will obtain a MEC (Medical Examiners Certificate) which is generally good for two years. Drivers with some medical conditions may require more frequent recertification.
Best Practices for Trucking Background Checks
When you implement your company’s pre-employment background check policies and procedures, you should use the following best practices to ensure that you are complying with all relevant laws.
1. Know the laws governing background checks.
Make sure that you understand the background checks that apply to your company, including local, state, and federal laws, and use them when you write your background check policies and procedures.
2. Hire a reputable background check provider like iprospectcheck.
Choose a reputable pre-employment background check company like iprospectcheck that can provide you with reliable and accurate reports. At iprospectcheck, we comply with all relevant laws that apply to background check reports.
3. Use the same process for every applicant.
By using the same process for every applicant, you can prevent claims of hiring discrimination while also ensuring that the process you use is fair.
4. Have drug and alcohol tests reviewed by a medical officer.
You should have a medical officer review any drug and alcohol results your company receives. This can help to confirm the accuracy of the results while protecting your applicants’ confidential medical information.
4. Provide a stand-alone disclosure form to each prospective driver.
Each prospective driver should be provided with a disclosure form to inform them that you intend to perform a pre-employment background check. You should include separate disclosure forms for federal and state background checks.
6. Obtain written consent before conducting background checks.
Before you can conduct a background check, you must obtain your applicant’s written consent and certify to iprospectcheck that you have secured the necessary authorization.
7. Provide a copy of the results to your applicants.
Make sure to provide a copy of the results of an applicant’s background check to the applicant together with a copy of the summary of their rights under the FCRA. Provide your applicants with the CRA’s contact information and allow them to dispute any inaccurate information.
8. Follow the FCRA’s adverse action process.
If you decide not to hire an applicant because of information from his or her background check report, make sure to follow the FCRA’s two-step adverse action process before finalizing your decision.
Laws and Regulations
Federal Laws and Regulations
Fair Credit Reporting Act
A major consumer privacy law, the Fair Credit Reporting Act (FCRA) is designed to protect consumer privacy when information is gathered, held, and reported by third-party consumer reporting agencies (CRAs), including background screening companies.
The FCRA also applies to employers that receive background checks from CRAs and use them to make hiring decisions.
Under the FCRA, CRAs can’t report the following information older than seven years for jobs paying salaries under $75,000:
- Arrests that didn’t result in convictions
- Civil lawsuits and judgments
- Paid tax liens
- Bankruptcies (Chapter 13; Chapter 7- 10 years)
The FCRA doesn’t prevent CRAs from reporting other types of information, including criminal convictions, driving records, employment history, education history, or license information.
However, state laws might impose other restrictions.
For employers, the FCRA requires them to notify applicants that they conduct background checks in writing and obtain their signed consent before completing pre-employment screens.
If an employer learns about negative information that makes them not want to hire the applicant, the employer must complete the steps of the adverse action process before making a final decision.
Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act applies to federal agencies and companies that contract with the federal government.
If you are a federal contractor, you must wait to investigate an applicant’s criminal history until you have extended a conditional employment offer.
If you inquire about an applicant’s criminal record earlier in the hiring process, federal agencies can’t contract with you.
Title VII of the 1964 Civil Rights Act
Title VII of the 1964 Civil Rights Act forbids workplace employment discrimination based on the protected characteristics of applicants and employees.
This law applies to the hiring process when a background check reveals an applicant’s criminal record.
According to the Equal Employment Opportunity Commission, employers should individually evaluate a conviction as it relates to the duties of the job before deciding against hiring an applicant on that basis.
49 CFR part 391, â 391.23
DOT-regulated employers that hire truck drivers must comply with the following requirements of 49 CFR part 391, â 391.23 when completing background checks:
- Must send requests to the licensing authority in each jurisdiction in which the driver was licensed or permitted within the past three years
- Must investigate the driver’s safety record with each regulated employer during the past three years
- Must check for drug and alcohol violations through the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse
- Must keep copies of all results in the driver’s qualification file
- Must not hire disqualified truck drivers
49 CFR part 40
49 CFR part 40 includes the regulations governing drug testing. Truck driver applicants must complete pre-employment DOT drug tests before they can be hired.
In the past, DOT drug tests were five-panel urine screens that checked for the applicant’s recent use of the following drugs:
- Cocaine
- PCP (phencyclidine)
- Opiates and opioids (heroin, methadone, oxycodone, hydrocodone, etc.)
- Amphetamines (methamphetamines and other amphetamines)
- Marijuana (THC)
This part was recently modified, and the final rule was effective as of June 1, 2023. Under the new rule, employers can use oral drug tests. All DOT drug tests must be conducted by approved laboratories.
State Laws
Many state and local jurisdictions have enacted ban-the-box laws. These laws govern when employers can inquire about an applicant’s criminal history. Since not all states have enacted these laws, and others have varying laws, it’s important to consult legal counsel to ensure compliance.
States also differ on how far back driving records checks can go.
Know Before You Hire
How Do Other Trucking Companies Conduct Background Checks?
The easiest and quickest way to obtain background check reports and DOT required screenings is to partner with a third party background check company such as iprospectcheck to correctly and efficiently conduct transportation background screenings.
iprospectcheck has years of experience handling the various DOT requirements for companies like yours.
What Kind of Background Check do Trucking Companies Do?
There are a variety of transportation background screenings you can run so long as they meet all state, federal, and industry standards, guidelines, and laws.
When you conduct background checks for your prospective drivers, you should request the following types of reports:
Commercial Driver Background Screening Package
- DOT drug and alcohol screening panel – These panels are required by the FMCSA and include tests for opioids, cocaine, marijuana, amphetamines, and PCP.
- Criminal history information – Look for convictions related to driving, alcohol, or drugs to identify drivers who are unsafe or who may require rehabilitative treatment.
- Sex offender search – In general, registered sex offenders are not an appropriate choice for truck-driving positions.
- License verification – A license verification can show you whether an applicant has a valid CDL and the endorsements needed for your open positions.
- Employment verification – Verifying your drivers’ employment history is important for showing whether they are trustworthy.
- Motor vehicle records check – The FMCSA requires trucking companies to check the motor vehicle records for the past three years in every state in which a driver has had a license. This type of check can also help you to identify patterns of bad driving.
- DOT physicals – All prospective drivers must undergo DOT physicals to ensure that they are healthy enough to safely drive for extended hours.
Background check companies such as iprospectcheck provide background screening packages that include initial transportation background screenings as well as monthly management of your random monthly screenings.
This helps ensure your transportation employees are not involved in any illegal and potentially harmful behaviors.
Why Thorough Background Checks and Clinical Services Are More Critical Than Ever in Trucking
In trucking, hiring the wrong driver isn’t just risky- it can be fatal. Here is why thorough screening and clinical services are more vital than ever.
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A Case Study: The 2015 I-16 Georgia Fatal Crash
On April 22, 2015, just before dawn, traffic had slowed on Interstate 16 near Savannah, Georgia. A line of vehicles. Most of them carrying nursing students from Georgia Southern University, were stopped for construction congestion. Moments later, a tractor-trailer barreled toward them at highway speed.
It never slowed.
The truck plowed into the line of passenger cars, creating a chain-reaction collision so violent that emergency responders described the scene as “almost unrecognizable.”
Five young nursing students were killed. Two more were severely injured.
The driver was John Wayne Johnson, an employee of Total Transportation of Mississippi, a large motor carrier. What investigators learned afterward reshaped multiple lawsuits, corporate safety reviews, and industry discussions about hiring-screening failures.
What Went Wrong in the Background Process
During litigation, attorneys uncovered that Johnson had not fully disclosed his prior crash history and safety record on his employment application. Public records later showed he had:
- Multiple prior accidents
- Several moving violations
- A preventable collision less than a year before joining Total Transportation
According to civil filings, Johnson left out prior wrecks on his driver qualification documents, and the company failed to identify the omissions during its screening and verification process.
Plaintiffs argued that if the employer had conducted a complete check, including verifying his self-reported history and analyzing available safety data and running a simple motor vehicle records check, they would have uncovered the discrepancies and disqualified him.
In depositions, safety experts testified that the omissions were material, and that a properly executed background process, accurate employment verifications, motor-vehicle record reviews, and complete prior-accident inquiries, would likely have prevented Johnson from being placed behind the wheel of an 18-wheeler for the company.
The Crash and Its Aftermath
At the time of the collision, investigators found no skid marks, indicating the driver made no attempt to stop. Federal crash analysts later concluded that fatigue and inattentiveness played a central role.
When lawsuits were filed, the plaintiffs alleged:
- Negligent hiring
- Negligent retention
- Failure to properly vet accident history
- Failure to compare the driver’s application against public-safety and prior-employer records
The company ultimately settled the wrongful-death lawsuits, and the crash became one of the most cited examples in recent years of how dishonesty in the screening process and incomplete employer vetting can combine to produce catastrophic results.
Families of the victims pushed for stronger hiring policies within the industry. Safety advocates used the tragedy to highlight the need for rigorous verification of driver-supplied information, particularly because the commercial driving environment is uniquely sensitive to even small breakdowns in safety compliance.
Why This Story Matters
This tragedy sits at the intersection of three issues we should know extremely well:
- Applicants who omit or misrepresent disqualifying information.
- Employers who fail to verify the accuracy of what they report.
- Public-safety consequences that go far beyond typical employment-risk scenarios.
In the trucking and logistics sector, hiring mistakes do not simply create regulatory exposure, they create life-and-death exposure. When a driver misleads an employer and the employer does not uncover it, the risk travels at 65 miles per hour and weighs 80,000 pounds.
This case remains one of the most sobering reminders of why thorough, accurate, and compliant background screening isn’t a bureaucratic hurdle, it’s a public-safety imperative.
The U.S. trucking industry is the backbone of American commerce, responsible for moving over 70% of the nation’s freight. But with this immense responsibility comes the imperative to ensure public safety, and that starts with who’s behind the wheel.
In recent years, the Federal Motor Carrier Safety Administration (FMCSA) has raised the bar on compliance, particularly with the rollout and ongoing enforcement of the Drug & Alcohol Clearinghouse. Combined with increased scrutiny on driver qualifications and fitness for duty, motor carriers are under growing pressure to conduct thorough background checks and integrate clinical services into their hiring and compliance workflows.
At iProspectCheck, we work with fleets, carriers, and staffing agencies to streamline these processes. Here’s what every employer in the transportation sector should know now and how to stay ahead of federal compliance requirements without slowing down hiring.
Clearinghouse Compliance is Non-Negotiable
As of January 2023, the FMCSA began fully enforcing the Drug & Alcohol Clearinghouse Rule by removing drivers with violations from motor carrier rosters during audits. This means that any failure to query the Clearinghouse annually or pre-employment can lead to violations and fines of up to $5,833 per instance.
Yet many carriers remain unaware that third-party administrators, like iprospectcheck, can manage Clearinghouse queries, keep track of query deadlines, and maintain full audit-ready documentation.
Fresh Insight: Query compliance isn’t just about checking a box. It’s also about ensuring you’re not onboarding a driver who may currently be barred from operating a commercial motor vehicle. Over 170,000 drivers have at least one violation reported to the Clearinghouse as of late 2024, and the number continues to grow.
- DOT Physicals and Clinical Screening Are No Longer Optional Extras
With a growing emphasis on driver wellness and fitness for duty, integrating clinical services into the background screening process can be a competitive advantage. DOT physicals, drug screenings, and even sleep apnea testing are increasingly being requested not just for compliance, but to reduce liability and insurance risks.
Forward-thinking carriers are partnering with screening providers that can offer bundled clinical services, helping streamline onboarding and reduce time-to-hire.
Fresh Insight: Employers that proactively schedule DOT physicals and drug screens through integrated platforms are seeing onboarding timelines reduced by 20 to 30%. That translates to faster placements and fewer dropped candidates.
- Beyond the MVR: The New Standard for Background Screening
While Motor Vehicle Reports are a critical component of any driver background check, they are just one piece of the puzzle. The FMCSA requires that employers verify a driver’s three-year employment history, check Safety Performance History Records, and conduct pre-employment drug testing (unless the driver is exempt).
But to truly reduce risk, many carriers are going a step further with:
- Criminal background checks to uncover disqualifying convictions
- CDLIS reports to identify additional licenses or aliases
Fresh Insight: Carriers that use comprehensive screening packages and not just MVRs are less likely to face litigation or FMCSA intervention after incidents. Screening holistically helps you catch issues that a single report might miss.
- The Driver Shortage Can’t Be Solved by Cutting Corners
Yes, the truck driver shortage is real. According to the American Trucking Associations, the industry faced a shortage of over 60,000 drivers in 2023, with projections nearing 82,000 by 2026. But relaxing screening standards is not the answer.
Instead, employers need faster, smarter screening tools that balance compliance with speed. That’s where iprospectcheck comes in offering real-time status updates, integrated DOT services, and automated compliance tracking, all without sacrificing thoroughness.
Conclusion: Risk Management Starts at the Hiring Stage
When a driver gets behind the wheel, your brand and your liability ride with them. In today’s regulatory environment, truck driver background checks and clinical services are no longer just HR tasks. They’re business-critical functions that protect lives, reputations, and bottom lines.
Carriers that invest in efficient, compliant, and comprehensive screening processes will not only avoid FMCSA penalties but also build safer, more reliable fleets.
At iprospectcheck, we’re proud to help the transportation industry meet these challenges with confidence because when safety and compliance are on the line, speed and accuracy matter.
iprospectcheck: Your Partner for Transportation Background Screenings
The trucking and transportation industry has an extremely high turnover rate of 94%. This means you need to hire qualified drivers efficiently. At iprospectcheck, we work diligently and efficiently so your background checks and clinical services support your hiring efforts.
With extensive knowledge of the transportation industry, we ensure all background checks for CDL drivers are compliant and complete–providing you with the information you need to make the right hiring decisions.
Learn more about our transportation background screening capabilities. And contact us today to start the background screening process for your new trucking candidates now!
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
