[Myth_Buster]

While researching a form prepared by an employer for compliance with Part 391.23 I came accross something that I thought drivers may find useful in challenging negative reports to DAC Services:

?391.23 Investigation and inquiries.

(i)(1) The prospective employer must expressly notify drivers with Department of Transportation regulated employment during the preceding three years-via the application form or other written document prior to any hiring decision-that he or she has the following rights regarding the investigative information that will be provided to the prospective employer pursuant to paragraphs (d) and (e) of this section:

(i)(1)(i) The right to review information provided by previous employers;

(i)(1)(ii) The right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to the prospective employer;

(i)(1)(iii) The right to have a rebuttal statement attached to the alleged erroneous information, if the previous employer and the driver cannot agree on the accuracy of the information.

(i)(2) Drivers who have previous Department of Transportation regulated employment history in the preceding three years, and wish to review previous employer-provided investigative information must submit a written request to the prospective employer, which may be done at any time, including when applying, or as late as 30 days after being employed or being notified of denial of employment. The prospective employer must provide this information to the applicant within five (5) business days of receiving the written request. If the prospective employer has not yet received the requested information from the previous employer(s), then the five-business days deadline will begin when the prospective employer receives the requested safety performance history information. If the driver has not arranged to pick up or receive the requested records within thirty (30) days of the prospective employer making them available, the prospective motor carrier may consider the driver to have waived his/her request to review the records.

(j)(1) Drivers wishing to request correction of erroneous information in records received pursuant to paragraph (i) of this section must send the request for the correction to the previous employer that provided the records to the prospective employer.

(j)(2) After October 29, 2004, the previous employer must either correct and forward the information to the prospective motor carrier employer, or notify the driver within 15 days of receiving a driver's request to correct the data that it does not agree to correct the data. If the previous employer corrects and forwards the data as requested, that employer must also retain the corrected information as part of the driver's safety performance history record and provide it to subsequent prospective employers when requests for this information are received. If the previous employer corrects the data and forwards it to the prospective motor carrier employer, there is no need to notify the driver.

(j)(3) Drivers wishing to rebut information in records received pursuant to paragraph (i) of this section must send the rebuttal to the previous employer with instructions to include the rebuttal in that driver's safety performance history.

(j)(4) After October 29, 2004, within five business days of receiving a rebuttal from a driver, the previous employer must:

(j)(4)(i) Forward a copy of the rebuttal to the prospective motor carrier employer;

(j)(4)(ii) Append the rebuttal to the driver's information in the carrier's appropriate file, to be included as part of the response for any subsequent investigating prospective employers for the duration of the three-year data retention requirement.

(j)(5) The driver may submit a rebuttal initially without a request for correction, or subsequent to a request for correction.

(j)(6) The driver may report failures of previous employers to correct information or include the driver's rebuttal as part of the safety performance information, to the FMCSA following procedures specified at ?386.12.

I guess this is a what's it's worth type posting.

Be safe.

[jansiemoo]

when I filled out dac reports, there was a place to note that "the driver disputes this information" in regard to accident details or drug test results.

[brad7734]

Can someone clarify this legal mumbo jumbo ad answer one question
please??? What happens to a DAC
report from your previous employer
AFTER 3-years?? Is there something
magic about 3-years..or does a
DAC report remain on file for all
possible future job searches for
ever and ever and ever?????

[brad7734]

Can someone clarify this legal mumbo jumbo ad answer one question
please??? What happens to a DAC
report from your previous employer
AFTER 3-years?? Is there something
magic about 3-years..or does a
DAC report remain on file for all
possible future job searches for
ever and ever and ever?????

[ken_o]

good question brad according to some cases they r bound by credit report laws so 7 years would seem logical i know that hurts in your case but keep your hopes up a few years at a good carrier keeping your nose clean will solve your problem

[Twilight Flyer]

Job history, work record, and accident information stay on your DAC until 7 years have passed, unless the company goes out of business. Actual dates of employment stay on your DAC up to the 10 year mark. After 10 years, all info is purged and gone.

[brad7734]

ok supertrucker and twilight flyer
here's another great question!!!
Assuming all on DAC goes away away
n'er to be seen again..????... if
my 7-years of having hurtful DAC
info is almost over in 1-more year
would it be best to shut up and
do nothing and just wait for this
supposed 7-year salvation and redemption date to arrive..at which point I suposedly am once again smellng like a rose...or should I
send in to usis DAC a dispute saying the bad report is false and
have that bad info removed??? there
seem 2 be 2 possible outcomes if I
did a dispute now. #1 schneider
does not counter my dispute within
the supposed 30-day time limit and
my bad DAC s cleaned up??? or #2
schneider actually does say I am wrong and the bad DAC from late 2000--early 2001 STAYS in DAC and
..in effect.. this initiates a brand new 7-year wait so I have a
dirty DAC until 2014 ???? uggg!!!

[brad7734]

ok supertrucker and twilight flyer
here's another great question!!!
Assuming all on DAC goes away away
n'er to be seen again..????... if
my 7-years of having hurtful DAC
info is almost over in 1-more year
would it be best to shut up and
do nothing and just wait for this
supposed 7-year salvation and redemption date to arrive..at which point I suposedly am once again smellng like a rose...or should I
send in to usis DAC a dispute saying the bad report is false and
have that bad info removed??? there
seem 2 be 2 possible outcomes if I
did a dispute now. #1 schneider
does not counter my dispute within
the supposed 30-day time limit and
my bad DAC s cleaned up??? or #2
schneider actually does say I am wrong and the bad DAC from late 2000--early 2001 STAYS in DAC and
..in effect.. this initiates a brand new 7-year wait so I have a
dirty DAC until 2014 ???? uggg!!!