The Atlanta Constitution had an editorial on 93 ft trucks that the Federal Highway Admin. has approved. Sounds exceptionally dangerous. Does anyone know anything about these? Thanks.
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Most of you probably know this already but just in case...motor carriers using the "infamous" DAC report to make hiring decisions AND they decide not to hire you based on the information must provide to you instructions on how to contact DAC, get a copy of their report and file a rebuttal if the information is incorrect. In my experience, their information is incorrect often.
Here is the info to recieve your once a year free Truckers DAC report
4500 S 129TH ST SUITE 200
MAKE A COPY OF YOUR LICENCSE FRONT AND BACK AND A COPY OF YOUR SOCIAL SECURITY CARD.ON THAT PAGE WRITE YOUR REQUESTING A FREE COPY OF YOUR DAC.
I mailed mine out last Monday and recieved it this Monday.
When this requirement was instituted in the mid eighties, DAC Services, Inc., now known as USIS, evolved as a business willing to compile employment records on all drivers in a similar manner to the way credit reporting agencies collect information on all of us.
Over the years, they have become the standard and the most used service that the trucking industry uses to collect background information on drivers who are employed in the trucking industry.
When a driver is considered for hired, a DAC/USIS report is pulled on that person, and if the driver has worked for a company that does business with USIS, a reference of his employment will be on file. These reports are typically offered when a driver leaves employment with a trucking company.
Companies the do business with USIS pay to pull up reports on a potential driver, and are given a discount on those costs with every reference they offer on drivers that leave their company.
In those reports, the following is what will likely be included for each reference offered:
- Complete information on the driver's former employers
- Dates of service by month and the year
- Reported driver's license numbers
- Association - (company driver or owner/operator)
- Driving experience (Over the road, local, regional)
- Equipment operated (Van, Flatbed, Refrigerated, etc.)
- Loads hauled (General or specific in nature)
- Work record (satisfactory or unsatisfactory)
- Eligible for rehire? (yes, no, or upon review)
- The number of accidents/incidents while employed
In rare circumstances, an employer may offer details of accidents and/or incidents.
The standard procedure followed is to have a prospective employee sign a disclosure release form, which will then allow an employer to pull your DAC file. They can additionally contact your former employers for information and/or clarification on any entry found in your report.
Accident and Incident Reporting Information
If there are accidents listed, they can inquire into the details of those accidents. If there are incidents, they can inquire into those as well.
Accidents are classified into two categories. They are ruled to be preventable or non-preventable in nature. A driver who is charged witha preventable accident means that he could have taken action to have avoided it, or was held at fault. A non-preventable accident means that the driver was either exonerated from responsibility for the accident on the scene, or was ruled later by either the carrier's insurance company or a company created accident review board, to have been found not responsible for what happened and could not have avoided the accident.
Incidents can be practically anything. Some examples;
- A motorist complaint in regard to an unsafe act while driving a vehicle owned or operated under the company name
- Any disciplinary action taken against an employee for violations of company policies and procedures
- Customer complaints for actions or attitude while the employee is on their premises
- Adverse actions taken for violations of the FMCSA rules and regulations (i.e. being placed out-of-service while out on the road)
- Late deliveries or pickups in cases where the driver had no reasonable excuse for being late
Information offered by former employers that is considered to be negative in nature, can be reported for a period of up to seven years after the employee terminates their association with the company. Generalized information, that documents the fact that a driver worked for a company, will be on the report for up to ten years after the driver terminates their association.
DAC reports are considered consumer reports, and the content allowed within them are regulated by the Federal Trade Commission (FTC). Those that offer information, collect that information, and retrieve and utilize that information, must do so under the criteria of the Fair Credit Reporting Act (FCRA).
You have a right to know what is in those reports. You have the right to challenge any information contained in them that you consider false or misleading under the FCRA.
Obtaining a copy of your report:
You are allowed to receive a free copy of your report directly from USIS Consumer Services, Inc. under the following conditions:
- A person or company has taken adverse action against you because of information in your USIS Consumer Services Report. This means that if you have been denied employment due to information cited by USIS Consumer Services, you are entitled to a free report within 60 days after you have been declined employment
- At any time you feel that information included in your file contains inaccurate information supplied by a former employer
- If you are unemployed and expect to apply for employment within the next 60 days
- After a challenge has been submitted and information has been corrected
- Federal law now requires all consumers be entitled to one free copy of any personal consumer report every 12 months upon written request, from each nationwide credit reporting agency and any specialty consumer reporting agencies. DAC/USIS is considered a specialty consumer reporting agency.
If you qualify for a free report under the above circumstances, submit the following information and required documentation to them in writing to obtain your report:
- Your full name
- Your current mailing address
- Your Social Security Number
- The REASON from the list above that you are requesting a free copy
- A legible copy of your driver's license
- A legible copy of your Social Security Card
USIS recommends that you enlarge copies of the driver's license and Social Security card images, to head off any issues that they cannot be read easily and clearly.
If you do not meet any of the above required circumstances for requesting a free report, you must include $9.50 with your request for a copy of your report. It is not stated what acceptable methods of payment are acceptable, so I advise anyone to call prior to sending the request to verify if a personal check is okay prior to mailing your request, and that the price for a paid report is still the same as it was at last check.
Mail your request to the following address:
USIS Commercial Services
Consumer Consulting Department
P. O. Box 33181
Tulsa, OK 74153
You can call them at the following number with any questions that you have at:
What do you do if you find false or misleading information on your report?
Any driver who does find a false entry on their DAC report should FIGHT them to the bitter end. Don't give up.
The process works like this:
Submit your challenges in writing. Pay for them to be sent by certified mail, with a return receipt requested. When USIS signs for that envelope, it starts a countdown from 30 days in which they have to address your challenge.
Offer your concise reason why the entry is false or incorrect. Be nice. DO NOT offer any proof in your first challenge as to why it is incorrect . USIS is required to go to the carrier to notify them that you have challenged an entry offered about you. USIS will request them to substantiate the entry with something that justifies it. If they fail to respond or cannot offer that proof, USIS is required to remove the entry and the case will be closed.
If the company DOES offer proof and refuses to retract the entry, then the process moves to the next step. Once they offer the proof to your first challenge, they cannot change it. If you have the proof that it is incorrect, THEN this is the time to offer it, and challenge it a second time.
If you offer your proof FIRST, it opens the door for a dishonest carrier or employee of that company to counter it with manufactured information, and will, if they are that determined to blackball you.
If you are not getting a response from DAC to remove false information after 60 days from your initial challenge, your only have a couple of alternative at that point. You will be to hire an Attorney to negotiate a removal of the entry, or you can file a complaint with the FTC. These days, that is rarely necessary. USIS/DAC will remove highly contested entries that are not clearly supported, rather than to weather the cost of defending them in court. So be FIRM, and insistent when it's wrong.
How to head off a potential bad entry on a DAC report
Accidents and Incidents:
Drivers have to take care and caution to document everything they do when working for a motor carrier, and to keep copies of EVERYTHING they sign while working for a motor carrier. You have every right, at any time while employed, to openly view the personnel file that the company keeps on you, and you are allowed a copy of each and every sheet of paper contained within it, if you so desire. The company is allowed to charge you per page, for those copies.
If you have accidents or any incidents while working for them, get written evidence of the determination of fault in accidents, and whether the company determined them to be preventable or non-preventable accidents on your part.
Get copies of written disciplinary action taken if any incidents are discussed with supervisory personnel. Ask each and every time, during the course of any oral discussions, if this incident will be written down and included as a part of your permanent employment file. If so, then request a copy of it.
When you terminate your association with a motor carrier:
- Take pictures of the truck inside and out, as it was when you turned it back into the company. This will head off charges of any damage to equipment.
- Turn in all issued equipment and have it signed for. This is especially important if you signed for it when you were hired.
- Turn in all required paperwork that is needed to be on file right up to the minute you parked that truck, such as logs, all bills of lading, and anything else that you would normally turn in to be paid for the run.
- Never quit while under dispatch. Inform the company in advance that you intend to terminate your employment, and inform them that you want to do this on good terms. Comply with all that they ask you to do, even if it is totally objectionable to you. Ride it out. Your ability to move on to your next job is riding on achieving that goal
- Never...and I mean NEVER abandon any equipment owned by the motor carrier. Never issue threats to do so. Return it to them and where they direct you to do so. Failure to heed this, is the kiss of death in the trucking industry. For seven years, you will find it impossible to find a decent driving job if you abandon equipment.
- Prepare a signed signed statement, and have it signed if at all possible by a supervisor of the company, that you have met all requirements for ending your employment with the carrier on good terms.
It's understandable that drivers will want to quit in disgust when they are upset, but taking time to quit in all the right ways will insure your record will likely be fairly represented, and will head off problems being hired elsewhere.
If you are ending your employment under duress, where you are being hassled by management of a company, pick up the phone and call the non-emergency line of local law enforcement. Request an officer to come and witness as much as possible, the problems you are having and the condition of the equipment you are turning in, as well as the items you are turning back into the company.
Most often than not, the tone of an uncooperative employer will change real quick when you resort to this tactic. If not, at least you will have SOMEONE that will you will be able to call on to offer personal or written testimony as to the demeanor of the employer, and your attempt to do what is right. This will also come in handy if you do have to challenge a false DAC report or if you have sue the company in court.
For more information:
Listings of Compliance Information Links
Online FTC complaint information and form
Thank you for the information regarding DAQ reports and how drivers can get a copy of their report. That was exactly what we were looking for when we signed on today. We had an incident come up. Basically we were leasing a truck from a company, won't mention names, however, they are listed in bad trucking companies forum. Anyway to make a long story short, we resigned from the company on April 13th due to a custody issue with my husbands 15 yr. old daughter. Took the truck back to Missouri last night. Walked into driver lineup, where our truck history was pulled. Dispatcher said " received letter of resignation last week..see here you were both scheduled for random drug testing a month ago, but you have resigned and turning in your truck so that no longer applies. Husband and I turned the truck in, all the paperwork, and the keys, assumed we were done. Had a voice mail on our phone this afternoon that we left without taking our drug tests and if we did not return in one hour, that they would report on our DAQ that we refused a drug test. How can you refuse to take a drug test 5 days after you have resigned from the company? Never heard of post employment drug testing!!!
Any help or suggestion would be greatly appreciated.
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