DOT Driver Employment Application: What 49 CFR 391.21 Requires

When you hire a driver, the employment application is the first page of the driver qualification file, and it is one of the first things an auditor asks to see. Federal rules spell out exactly what it has to contain. Miss a line and the application is incomplete, even if the driver is excellent. This guide walks through what 49 CFR 391.21 requires on the application, the notices you owe the applicant, and what has to be done in the first 30 days after hire under 391.23.

Who has to fill one out

Under 391.21(a), a person may not drive a commercial motor vehicle for you until they have completed and signed an application for employment. You furnish the form, and the applicant completes and signs it. A carrier may ask for more than the rule requires (391.21(c)), but not less.

What the application must include

Section 391.21(b) lists the required items. In plain terms:

1. Your company: the name and address of the motor carrier doing the hiring.
2. The applicant: name, address, date of birth and Social Security number.
3. Address history: every address the applicant lived at in the 3 years before the application date.
4. The date the application is submitted.
5. Licenses: for each unexpired commercial motor vehicle license or permit, the issuing state or authority, the number and the expiration date.
6. Driving experience: the nature and extent of their experience, including the types of equipment they have driven, such as straight trucks, tractors and the kinds of trailers.
7. Accidents: every motor vehicle accident in the past 3 years, with the date, the nature of the accident, and any fatalities or injuries.
8. Convictions: every motor vehicle law violation (other than parking) the applicant was convicted of, or forfeited bond for, in the past 3 years.
9. License problems: a statement of any denial, revocation or suspension of a license, permit or driving privilege, or a statement that there has been none.
10. Employment history, 3 years: every employer in the past 3 years, with names and addresses, dates, reason for leaving, and whether the job was subject to the Federal Motor Carrier Safety Regulations and was a safety-sensitive job subject to DOT drug and alcohol testing.
11. CDL drivers, 7 more years: for drivers applying to operate a CMV that requires a CDL, the employers they drove a commercial vehicle for in the 7 years before that 3-year period, with dates and reasons for leaving. Together that is 10 years of history.
12. Certification and signature: a statement that the applicant completed the application and that it is true and complete to the best of their knowledge, with their signature and the date.

The notices you owe the applicant

Section 391.21(d) adds two things carriers often forget. Before the applicant submits the application, you must tell them that the employment history they give may be used, and that their previous employers will be contacted, to investigate their safety performance history. You must also give them written notice of their rights under 391.23(i), which let a driver review, correct and rebut the safety history a previous employer reports. Many carriers put both notices on the application itself, just above the signature.

After you hire: the 30-day clock

The application starts the file. Section 391.23 then sets deadlines that run from the date employment begins:

• Motor vehicle records: within 30 days, request the driving record from every state where the driver held a license in the past 3 years. Put a copy in the driver qualification file, or document your good-faith effort if a state does not send one.
• Previous employers: within 30 days, request safety performance history from the driver's DOT-regulated employers in the past 3 years, covering accidents and, for safety-sensitive jobs, drug and alcohol violations. Previous employers must respond within 30 days of your request. Keep a record of each employer you contacted.
• Drug and Alcohol Clearinghouse: for FMCSA-regulated employers, the drug and alcohol part of that check is done through the Clearinghouse, which carriers must use under 391.23(e)(4) as of January 6, 2023. The driver must consent, and a driver who refuses may not drive for you.

If you hire often, put these on a checklist with dates, because the 30 days pass quickly when a new driver is already running loads.

Common mistakes on driver applications

• Only 3 years of employment history for a CDL driver. The extra 7 years of commercial driving employers is required for CDL positions.
• Blank accident or conviction sections. If there were none, the applicant should say so, not leave it blank.
• No date or no signature. An unsigned application does not meet the rule.
• Missing the FMCSR and drug-testing questions for each previous employer.
• No notice about contacting previous employers, or no written notice of the driver's 391.23(i) rights.
• The application is filed, but the 30-day checks are not. The driving records and previous-employer responses belong in the files too.

How ReadyTMS handles driver applications

ReadyTMS includes an online driver employment application, built around the 391.21 list. Here is what it does today:

• Send a link: from the Driver Applications page, enter the applicant's email and ReadyTMS emails them a link to the application, from your company's connected email where you have one. You can also copy the link and text it yourself.
• Fill it in on a phone: the form covers the applicant's details, 3 years of addresses, licenses with class and endorsements, driving experience by equipment type, 3 years of accidents and convictions, 10 years of employment with the FMCSR and drug-testing questions for each employer, license denials and suspensions, and a certification signed by typing their full name, with the date.
• Keep it on file: download any submitted application as a PDF, or upload a signed paper application instead.
• Catch gaps: Safety Guard flags drivers who have no employment application on file.
• Track the follow-up: each driver's file holds the MVR, PSP report, Clearinghouse result and drug test, with dates and next-due reminders for the annual MVR review and annual Clearinghouse query.
• Interview by video: you can also send a candidate a link to record a short video interview.

What it does not do: ReadyTMS does not pull driving records, PSP reports or Clearinghouse queries for you, and it does not send the previous-employer requests. You run those checks and store the results in the driver's file. The online form also does not yet show your company's address or the 391.21(d) notices, so give applicants those yourself. For pay once a driver is on board, see how to calculate driver settlements, and for what a full carrier system should cover, see what a carrier TMS is.

Quick checklist

• Carrier name and address on the form.
• Applicant details, 3 years of addresses, and every unexpired CMV license.
• 3 years of accidents and convictions, or a statement of none.
• 3 years of employers, plus 7 more years of CMV employers for CDL drivers.
• Notice that previous employers will be contacted, and notice of 391.23(i) rights.
• Signed and dated certification.
• Within 30 days of hire: driving records from every state, previous-employer history, and the Clearinghouse query.

Frequently asked questions

What must a DOT driver employment application include?

Under 49 CFR 391.21(b): the carrier's name and address; the applicant's name, address, date of birth and Social Security number; addresses for the past 3 years; the application date; each unexpired commercial license with issuing state, number and expiration; driving experience and equipment types; accidents and moving-violation convictions in the past 3 years; any license denial, suspension or revocation; employers for the past 3 years with dates, reason for leaving, and whether the job was subject to the FMCSRs and DOT drug and alcohol testing; for CDL drivers, commercial driving employers for the 7 years before that; and a signed, dated certification. This is general information, not legal advice.

Do CDL drivers need 10 years of employment history?

Yes, in effect. Section 391.21(b)(10) asks for all employers in the 3 years before the application, and (b)(11) adds, for drivers applying to operate a CMV under part 383, the employers they drove a commercial vehicle for in the 7 years before that. That adds up to 10 years.

What has to happen within 30 days of hiring a driver?

Under 49 CFR 391.23, the carrier must request the driver's motor vehicle record from every state where the driver held a license in the past 3 years, and request safety performance history from DOT-regulated employers from the past 3 years. The results, or a record of good-faith efforts, go in the driver's files within 30 days of the date employment begins.

Can a driver application be filled out online and signed electronically?

The rule requires the application to be completed and signed by the applicant; it does not say it has to be on paper. Many carriers use online forms with an electronic signature. Check with your own compliance adviser on how you keep and store signed applications.

Does ReadyTMS have an online driver application?

Yes. From the Driver Applications page you can email an applicant a link to an online DOT driver employment application, or copy the link and send it yourself. The applicant fills it in on a phone or computer and signs by typing their name. You can download a submitted application as a PDF, and you can upload paper applications too.