Application Denied by TMC

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by jmarc77, Feb 25, 2022.

  1. jmarc77

    jmarc77 Light Load Member

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    Thats what I meant. I will definitely be taking my test in the manual truck. IMO that was one of the benefits of going to an outside school.

    I've checked into it, unfortunately because it is a certificate program and not a credit course, it doesn't qualify for a lot of grants or scholarships. It's not cheap but I think it is a very worthwhile investment.
     
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  3. Waterman_99

    Waterman_99 Light Load Member

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    Get your CDL, then reapply to TMC. This time, don't tell them not to contact your current employer. It's ok for you to want to better yourself and find different employment! Don't be afraid of your current boss finding out.
     
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  4. jmarc77

    jmarc77 Light Load Member

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    I've been thinking about that too. I finished up my two weeks notice on Friday and while I didn't love that job, I worked hard while I was there and I know my boss would gladly give me a good recommendation.
     
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  5. Chinatown

    Chinatown Road Train Member

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    I'd go with Melton Truck Line
     
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  6. Chinatown

    Chinatown Road Train Member

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  7. whitelinequeen

    whitelinequeen Light Load Member

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    They are not " required by law" to contact a present employer. I've been driving almost 9 years. I've NEVER allowed a prospective employer to contact a previous employer that I still had an affiliation with. Never had an issue.
     
  8. Antinomian

    Antinomian Road Train Member

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    Afraid they are required to. Most likely your employer did and just didn't tell you. See 49 CFR 391.23 parts (c), (d), (e), and (f).

    to whit:


    (c)
    (1) Replies to the investigations of the driver's safety performance history required by paragraph (a)(2) of this section, or documentation of good faith efforts to obtain the investigation data, must be placed in the driver investigation history file, after October 29, 2004, within 30 days of the date the driver's employment begins. Any period of time required to exercise the driver's due process rights to review the information received, request a previous employer to correct or include a rebuttal, is separate and apart from this 30-day requirement to document investigation of the driver safety performance history data.

    (2) The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate. Each motor carrier must make a written record with respect to each previous employer contacted, or good faith efforts to do so. The record must include the previous employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented. The record must be maintained pursuant to § 391.53.

    (3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at § 386.12 of this subchapter. Keep a copy of the reports in the driver investigation history file as part of documenting a good faith effort to obtain the required information.

    (4) Exception. For drivers with no previous employment experience working for a DOT-regulated employer during the preceding three years, documentation that no investigation was possible must be placed in the driver investigation history file, after October 29, 2004, within the required 30 days of the date the driver's employment begins.

    (d)
    The prospective motor carrier must investigate, at a minimum, the information listed in this paragraph from all previous employers of the applicant that employed the driver to operate a CMV within the previous three years. The investigation request must contain specific contact information on where the previous motor carrier employers should send the information requested.

    (1) General driver identification and employment verification information.

    (2) The data elements as specified in § 390.15(b)(1) of this chapter for accidents involving the driver that occurred in the three-year period preceding the date of the employment application.

    (i) Any accidents as defined by § 390.5 of this chapter.

    (ii) Any accidents the previous employer may wish to provide that are retained pursuant to § 390.15(b)(2), or pursuant to the employer's internal policies for retaining more detailed minor accident information.

    (e)
    In addition to the investigations required by paragraph (d) of this section, the prospective motor carrier employers must investigate the information listed below in this paragraph from all previous DOT regulated employers that employed the driver within the previous three years from the date of the employment application, in a safety-sensitive function that required alcohol and controlled substance testing specified by 49 CFR part 40.

    (1) Whether, within the previous three years, the driver had violated the alcohol and controlled substances prohibitions under subpart B of part 382 of this chapter, or 49 CFR part 40.

    (2) Whether the driver failed to undertake or complete a rehabilitation program prescribed by a substance abuse professional (SAP) pursuant to § 382.605 of this chapter, or 49 CFR part 40, subpart O. If the previous employer does not know this information (e.g., an employer that terminated an employee who tested positive on a drug test), the prospective motor carrier must obtain documentation of the driver's successful completion of the SAP's referral directly from the driver.

    (3) For a driver who had successfully completed a SAP's rehabilitation referral, and remained in the employ of the referring employer, information on whether the driver had the following testing violations subsequent to completion of a § 382.605 or 49 CFR part 40, subpart O referral:

    (i) Alcohol tests with a result of 0.04 or higher alcohol concentration;

    (ii) Verified positive drug tests;

    (iii) Refusals to be tested (including verified adulterated or substituted drug test results).

    (4) As of January 6, 2023, employers subject to § 382.701(a) of this chapter must use the Drug and Alcohol Clearinghouse to comply with the requirements of this section with respect to FMCSA-regulated employers.

    (i) Exceptions.

    (A) If an applicant who is subject to follow-up testing has not successfully completed all follow-up tests, the employer must request the applicant's follow-up testing plan directly from the previous employer in accordance with § 40.25(b)(5) of this title.

    (B) If an applicant was subject to an alcohol and controlled substance testing program under the requirements of a DOT mode other than FMCSA, the employer must request alcohol and controlled substances information required under this section directly from those employers regulated by a DOT mode other than FMCSA.

    (f)

    (1) A prospective motor carrier employer must provide to the previous employer the driver's consent meeting the requirements of § 40.321(b) of this title for the release of the information in paragraph (e) of this section. If the driver refuses to provide this consent, the prospective motor carrier employer must not permit the driver to operate a commercial motor vehicle for that motor carrier.

    (2) If a driver refuses to grant consent for the prospective motor carrier employer to query the Drug and Alcohol Clearinghouse in accordance with paragraph (e)(4) of this section, the prospective motor carrier employer must not permit the driver to operate a commercial motor vehicle.
     
  9. DRTDEVL

    DRTDEVL Road Train Member

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    There's a loophole. A carrier has up to 30 days to complete this background check, so we contact all the previous employers, sans the current employer. Once the driver arrives for orientation, we contact the now-former employer to meet the requirements of the FMCSA. This allows not only for us to be in compliance, but it protects the prospective employee from potential backlash from their current employer (if it doesn't work out due to a background issue or otherwise) and builds a foundation of trust between the prospective employee and our company. Its a win-win.
     
  10. jmarc77

    jmarc77 Light Load Member

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    Well as a follow up to this-

    I've since handed in and finished my 2 weeks notice at my employer and left on good terms. I've obtained my medical card and I've enrolled and begun classes at community college. I'm only halfway into the first week of the first class, but it's now just a matter of getting through it.
     
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  11. Lennythedriver

    Lennythedriver Road Train Member

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    The very first trucking company I applied to fresh out of school did the same thing to me. I knew firsthand that they had hired a bunch of other clowns. Lol I kind of joked back-and-forth a bit with the recruiter as he let me go telling him “you know you’re gonna regret this I was born to be a truck driver”. Just for the hell of it I called him up about 18 months later to let him know that I had passed the 200,000 mile mark without an incident or Late load or mishap of any kind. He encouraged me to reapply. At which point I told him “no thanks you had your chance“. Lol
    These people have a ridiculous sheet laying in front of them that they number things to decide whether you’re hireable or not and a lot of times it makes no sense whatsoever. They think they’re hiring the best when the reality is, they’re usually letting the better driver slip through the cracks. But let them play their dehumanizing game of selection
     
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