This act modernizes motor carrier safety screening by expanding required history checks, improving the process for challenging safety violation reports via DataQs, and establishing new protections for drivers.
Tracey Mann
Representative
KS-1
The Motor Carrier Safety Screening Modernization Act updates federal requirements for investigating a commercial driver's safety history both before and during employment. It mandates clearer information sharing between carriers regarding an operator's safety performance record. Additionally, the bill improves the DataQs system by requiring clear labeling of contested violations and establishing a formal, multi-step appeals process for challenging safety reports.
New Motor Carrier Safety Act Expands Driver Background Checks and Fixes the Safety Violation Appeal Process
The Motor Carrier Safety Screening Modernization Act updates how trucking companies vet their drivers and, more importantly, how those drivers can defend their records. Currently, motor carriers are required to investigate a driver’s safety history before hiring them. This bill expands that requirement to include ongoing screening during employment (Section 2). It also mandates that previous employers hand over safety performance data when a current or prospective employer asks for it, provided the driver gives written consent. For the person behind the wheel, this means your safety record follows you more closely than ever, but it also comes with new safeguards to ensure a single clerical error doesn't end your career.
Cleaning Up the Record
One of the biggest headaches for drivers is a 'DataQ'—the system used to challenge incorrect safety violations. Under Section 3, the Secretary of Transportation must ensure that any violation being contested is clearly labeled as 'contested' across all federal databases, including the Employment Screening Program. This label stays put until the review is finished. For a driver, this is the difference between losing a job over a pending dispute and having a fair shot while the facts are sorted out. It prevents a 'guilty until proven innocent' scenario that can happen when a carrier sees a flag on a profile without knowing it’s being challenged.
A Fair Shake on Appeals
The bill also forces a major upgrade to the appeals process. Within one year of enactment, states must establish a formal system where drivers can appeal the outcome of a data review (Section 3). Crucially, the bill requires that the appeal be decided by someone who wasn't involved in issuing the original violation. It’s a basic fairness check: you shouldn't have to ask the same person who gave you a ticket to admit they were wrong. This independent review must be completed within a 'reasonable period of time,' aimed at getting drivers back on the road without months of bureaucratic limbo.
Employment Protections
To prevent safety data from being weaponized, the bill prohibits companies from using the safety data request process as a mandatory condition of employment in a way that bypasses standard protections. If a carrier plans to take an 'adverse action'—like firing or refusing to hire someone—based on these safety reports, they must provide the driver with a formal notice and a reasonable window of time to finish an appeal (Section 2). This aligns the industry with the Consumer Credit Protection Act, giving drivers similar rights to those you have when a mistake on a credit report stops you from getting a car loan. It’s a move toward professionalizing the data system so that it focuses on actual safety risks rather than administrative errors.