391.23 is three years of prior employers: crashes, drug/alcohol, job dates. They have 30 days to answer. We still send the form

What the notice actually said

The prior-employer form still goes out. April 29, 2004: employers must investigate safety performance history; prior employers must respond in 30 days covering three years — employment confirmation, crashes, alcohol and drug violations, rehab.

This is the driver-qualification-file classic. Together with PSP and Clearinghouse it is the hire stack. Skipping 391.23 because “we have PSP” is how you inherit someone else’s crash and never hear about the failed test that predates a Clearinghouse gap.

Applicants can review, correct, or rebut. Civil penalties for non-response. Liability limits in the rule exist so people actually answer. TEA-21 and the HazMat Authorization Act are the mandate sources; the rule applies to FMCSR employers as stated, not hazmat-only.

Clearinghouse did not repeal 391.23. A carrier that never answers is a data point. A driver who blocks every former boss is a data point.

Effective April 29, 2004. We wait the 30 when we must. An incomplete file delays start. That is the point, not a paperwork fetish.

What it changes on Monday

We send the inquiries. We wait the 30 when we must. We do not invent a start date that skips the file, and we do not treat a hostile former boss as a reason to skip the attempt.

PSP companion: PSP launch. Clearinghouse: 2020 queries. DataQs: fight bad data.

Applicants: list real employers. Drive With Us. A blocked former boss can be rebutted; we still need the attempt on file.

Hiring desk: +1 (847) 702-8181. Bring the work history, not a reason to skip 391.23.

What we will — and will not — do

We will send 391.23 inquiries and we will wait the 30 when the file is incomplete. We will not start someone because Clearinghouse is clean and the prior-employer form is still in a drawer.

We will not skip a hostile former boss. You can rebut. We still need the attempt on the DQ file.

Apply with real employers. +1 (847) 702-8181. Human on the hiring desk.

Short glossary

The jargon, in the order it showed up — no extra theory.

391.23: The FMCSR that requires investigation of a CDL applicant’s safety performance history.
DQ file: Driver qualification file — where this paperwork lives.

Official sources

Read the government original first. This page is our translation for people who quote lanes and hire drivers — not a substitute for the rulebook.

FMCSA safety performance history hiring rule — Primary newsroom original.

This page is an industry briefing for shippers, brokers, and drivers. It is not legal advice. Confirm current rules in the Federal Register and on FMCSA.gov before you change a process.

FAQ

Did Clearinghouse replace this?

No. Different data. Clearinghouse is the federal drug-and-alcohol well; 391.23 is the prior-employer safety-performance history.

30 days delays my start?

An incomplete file delays start. That is the point of the 30-day duty, not a paperwork fetish.

Former boss hostile?

You can rebut. We still need the attempt on file. A blocked former boss is a data point, not a skip.

Hazmat only?

The mandate sources include HazMat and TEA-21. The rule applies to FMCSR employers as stated, not hazmat-only hires.