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Tracking The Trends
Red
Flags
When hiring
drivers, dig past
obvious signals
on MVR
By Cliff Abbott
Background checks are an essential part of the driver
qualification process, whether the driver will be a
company employee or an independent contractor.
There are numerous tools that help carriers make
better decisions. One of the most useful is the Federal Motor
Carrier Safety Administration’s Motor Vehicle Report (MVR).
While some items reported on an MVR might automatically
disqualify a driver from hire or result in termination of
employment or contract, the significance of other entries
might be seen differently, depending on who’s checking the
record. Because some aspects of a driver’s MVR can be
viewed subjectively, it’s important to know what type of “red
flags” to watch for when screening candidates.
However, the first step is to ensure your company has a
written policy when it comes to driver qualifications.
“I believe it’s very important that you have a clear, concise
policy that you consistently follow,” said Lori Johnson,
senior consultant for Fleetworthy Solutions. “Otherwise,
how are you going to demonstrate, either in an audit or in
litigation, that you have a good hiring practice and that you
don’t have negligent hiring or negligent retention?”
A good policy must contain achievable actions, and
the policy should be updated as necessary for safety
improvement, explained Andy Marquis, attorney and
partner at the Scopelitis, Garvin, Light, Hanson & Feary law
firm.
“Whatever you write in that policy, in that handbook —
you’re going to be judged by it if there’s an accident, so
there has to be a willingness to adapt policies in the interest
of safety,” he explained. “Don’t just throw everything in
there without a system to make sure it gets done.”
What needs to “get done” should be in the policy as
well. If, for example, a particular safety violation requires
counseling or remedial training, this requirement should be
applied consistently.
When a carrier is named in a lawsuit because of the
actions of a driver, Maquis said, the plaintiffs’ attorneys
may try to prove the employer is guilty of negligent hiring
or negligent retention. In other words, the driver’s employer
could have done something about the driver’s behavior
before the accident.
“It all connects, so (it appears) they failed in some duty,”
Maquis remarked. “When they’re presented with a potential
risk, do they take stock of it, or do they just look the other
way?”
16 Truckload Authority | www.Truckload.org TCA JANUARY/FEBRUARY 2024