As a driver, you are provided with certain rights under the Federal Motor Carrier Safety Regulations in Part 391.23.
These rights are:
The below disclosure and authorization language is for mandatory use by all account holders
Section 11: Important Disclosure Regarding background reports from the PSP Online Service
In connection with your application for employment with TNG Trucking LLC (“Prospective Employer”), Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA).
When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action.
If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report.
When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report.
If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act.
Neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. You may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If you challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. Your request will be forwarded by the DataQs system to the appropriate State for adjudication.
Any crash or inspection in which you were involved will display on your PSP report.
Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault.
Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with Federal Motor Carrier Safety Regulations (FMCSR) violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report.
The Prospective Employer cannot obtain background reports from FMCSA without your authorization.
Section 12: Authorization
If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below:
I authorize TNG Trucking LLC (“Prospective Employer”) to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history.
I understand that I am authorizing the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years.
I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee.
I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect.
I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov.
If I challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data.
I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication.
I understand that any crash or inspection in which I was involved will display on my PSP report.
Since the PSP report does not report, or assign, or imply fault, I acknowledge it will include all CMV crashes where I was a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault.
Similarly, I understand all inspections, with or without violations, will appear on my PSP report, and State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on my PSP report.
I have read the above Disclosure Regarding Background Reports provided to me by Prospective Employer and I understand that if I sign this Disclosure and Authorization, Prospective Employer may obtain a report of my crash and inspection history.
I hereby authorize Prospective Employer and its employees, authorized agents, and/or affiliates to obtain the information authorized above.
NOTICE: This form is made available to monthly account holders by NIC on behalf of the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA).
Account holders are required by federal law to obtain an Applicant's written or electronic consent prior to accessing the Applicant's PSP report.
Further, account holders are required by FMCSA to use the language contained in this Disclosure and Authorization form to obtain an Applicant's consent.
The language must be used in whole, exactly as provided.
Further, the language on this form must exist as one stand-alone document.
The language may NOT be included with other consent forms or any other language.
NOTICE: The prospective employment concept referenced in this form contemplates the definition of “employee” contained at 49 C.F.R. 383.5.
Last Updated 2/11/2016
Section 13: Motor Vehicle Driver's Certification of Violations/Annual Review of Driving Record
MOTOR CARRIER INSTRUCTIONS: Each motor carrier shall at least once every 12 months, require each driver it employs to prepare and furish it with a list of all violations of motor vehicle traffic laws and ordinances (other than violations involving only parking) of which the driver has been convicted, or on account of which he/she has forfeited bond or collateral during the preceding 12 months (Section 391.27).
Drivers who have provided information required by Section 383.31 need not repeat that information on this form.
DRIVER REQUIREMENTS: Each driver shall furnish the list as required by the motor carrier above. If the driver has not been convicted of, or forfeited bond or collateral on account of any violation which must be listed, he/she shall so certify (Section 391.27).
Completed by Driver—Certification of Violations
I certify that the following is a true and complete list of traffic violations required to be listed (other than those I have provided under Part 383) for which I have been convicted or forfeited bond or collateral during the past 12 months.
If you have had no violations, check the following box:
If no violations are listed above, I certify that I have not been convicted or forfeited bond or collateral on account of any violation (other than those I have provided under Part 383) required to be listed during the past 12 months.
Section 14: Pre-Employment Background Check — Disclosure and Release Form
In connection with my application for employment (including contract for services as an independent contractor) with you.
I understand that consumer reports which may contain public record information may be requested from a “consumer reporting agency” (CRA's).
These reports may include the following types of information: names and dates of previous employers, reason for termination of employment, work experience, accidents and information on drug and alcohol test results and problems, if any.
I further understand that such reports may contain public record information concerning my driving records, workers' compensation claims, credit, bankruptcy proceedings, criminal records, etc., from federal, state, and other agencies which maintain such records; as well as information from CRAs concerning previous driving record requests made by others from such state agencies and state provided driving records.
I authorize, without any reservations, any party or agency contacted by a CRA to furnish the above-mentioned information.
I have the right to make a request to the CRA upon proper identification, to request the nature and substance or all information in its files on me at the time of my request, including the sources of information, and the recipients of any reports on me, which the CRA has previously furnished within the two year period preceding my request.
I hereby consent to your obtaining the above information from a CRA and I agree that such information which CRA has or obtains, and my employment history with you if I am hired, will be supplied by a CRA to other companies that subscribe to a CRA service.
I have read and understand the summary of my rights under the Fair Credit Reporting Act attached to this release. Signature below denotes my acceptance and understanding of this summary.
I hereby authorize procurement of consumer report(s).
If hired (or contracted), this authorization shall remain on file and shall serve as ongoing authorizations for you to procure consumer reports at any time during my employment (or contract) period.
Section 15: Previous Pre-employment Employee Alcohol and Drug Test Statement
Sec. 40.25(j) As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years.
If the employee admits that he or she had a positive test or a refusal to test, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the return-to-duty process (see paragraphs (b)(5) and (e) of this section).
Prospective Employee Information:
The prospective employee is required by Sec. 40.25(j) to respond to the following questions.
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Have you tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which you applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years?*
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If you answered yes, can you provide/obtain proof that you've successfully completed the DOT return to duty requirements?
I certify that the information provided on this document is true and correct.
I AGREE that by entering my name, social security, and today's date in the fields in the sections above,
this acts as my legal signature for each section, and I acknowledge that I read and understood the statements
and the rights and responsibilities in each section above and agree to these terms as stated.