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<p>[QUOTE=&quot;Moose1958, post: 12235353, member: 54776&quot;]So many carriers interpret 391 differently. Some are so tough that if you have a break in your employment history they might round-file your application. Some spend a lot of time verifying. The primary reason for this is those driver qualification files. Here is what happens in a typical FMCSA audit. They will bring with them a hit list of anywhere from 3 or 4 up to maybe 100 drivers culled out of the Federal SMS data. Then they hit safety and go over their DQFs and then their log history. There is a specific way the FMCSA wants those DQFs to be. They WILL NOT accept missing or incomplete data. I have written about this several times already. I know several HR types that learned this the hard way. People think it is OK to leave out a verification if you can&#039;t get a reply from a request. They think it is OK to just placehold with a note the carrier failed to reply. The FMCSA in almost every situation issues a fine to a carrier for doing this. The CORRECT way to handle this can be found in <a href="https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-C/section-391.23" target="_blank" class="externalLink ProxyLink" data-proxy-href="https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-C/section-391.23" rel="nofollow">391.23</a>(c)(3).</p><p><br /></p><p><i>(3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at <a href="https://www.ecfr.gov/current/title-49/section-386.12" target="_blank" class="externalLink ProxyLink" data-proxy-href="https://www.ecfr.gov/current/title-49/section-386.12" rel="nofollow">§ 386.12 of this subchapter</a>. 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.</i></p><p><i><br /></i></p><p>This rule is written a bit vague. It is also confusing. What reports? How can you get a report when the carrier/employer won&#039;t reply? This rule could use some work. This is what the carrier is supposed to do. Follow that link and report the situation to the FMCSA. They will then investigate the non-compliance and report back the results. This is what is supposed to be in that DQF.</p><p><br /></p><p>Just as there are carriers that don&#039;t want to deal with the SAP/Return to duty protocols some carriers simply round file an application if they have to do this extra work.</p><p><br /></p><p>This is why I also advise a person to sit and write all this information down. Get any and all documentation such as W2s and 1099s and file them. If you are taking care of a sick relative get statements from the doctor of this care. The more information you can provide the more the carrier has. This also applies to company-financed driving schools.</p><p><br /></p><p>[USER=122252]@brian991219[/USER][/QUOTE]</p><p><br /></p>

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