The Driver factor: what auditors check

What records does the auditor check for this factor?

• A driver qualification file for each driver (application, MVR inquiries, road test or CDL equivalent)
• A current medical examiner's certificate for each driver (§ 391.45)
• Evidence of a compliant controlled-substances and alcohol testing program (Part 382)
• Valid commercial driver's licenses with the correct class and endorsements (Part 383)

Common failures on the Driver factor

• Failing to implement a drug-and-alcohol testing program (§ 382.115) — acute and an automatic-failure violation
• Failing to implement random controlled-substances/alcohol testing (§ 382.305) — automatic-failure
• Using a driver who is not medically examined and certified (§ 391.45)
• Failing to maintain a driver qualification file on each driver (§ 391.51(a))
• Using a disqualified or physically unqualified driver (§ 391.15(a), § 391.11(b)(4)) — automatic-failure

How is the Driver factor scored?

Points for Driver come from acute and critical violations of Parts 382, 383, and 391. Several Driver-factor violations are on the 16-item automatic-failure list in 49 CFR 385.321, so a single occurrence can fail the audit on its own.

Acute and critical violations under the Driver factor

This factor is scored from 28 acute/critical regulations on the official list in 49 CFR Appendix B to Part 385, including 11 that can automatically fail the audit under 49 CFR 385.321.

• § 382.115(a) — Failing to implement an alcohol and/or controlled substances testing program (domestic motor carrier) (automatic-failure)
• § 382.115(b) — Failing to implement an alcohol and/or controlled substances testing program (foreign motor carrier) (automatic-failure)
• § 382.201 — Using a driver known to have an alcohol concentration of 0.04 or greater (automatic-failure)
• § 382.211 — Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382 (automatic-failure)
• § 382.213(c) — Using a driver known to have used a controlled substance (acute)
• § 382.215 — Using a driver known to have tested positive for a controlled substance (automatic-failure)
• § 382.301(a) — Using a driver before the motor carrier has received a negative pre-employment controlled substance test result (critical)
• § 382.303(a) — Failing to conduct post accident testing on driver for alcohol (critical)
• § 382.303(b) — Failing to conduct post accident testing on driver for controlled substances (critical)
• § 382.305(a) — Failing to implement a random controlled substances and/or an alcohol testing program (automatic-failure)
• § 382.305(b)(1) — Failing to conduct random alcohol testing at an annual rate of not less than the applicable annual rate of the average number of driver positions (critical)
• § 382.305(b)(2) — Failing to conduct random controlled substances testing at an annual rate of not less than the applicable annual rate of the average number of driver positions (critical)