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License
Monitor
FAQ
Company
Q: Where are your headquarters?
A: Our corporate headquarters are
located in the Town of Clarkstown in Rockland County, NY. We also
have offices in Albany, NY.
Q:
During what hours is customer service
available?
A:
Customer
service is available from 8:30 AM to
5:30 PM
Eastern Standard Time, Monday- Friday.
Driver License Records
Q: Why should
I review my employee driver records?
A:
Vicarious liability laws place the
responsibility for a driver acting in
the scope of that driver’s business in
the lap of the employer. Therefore,
companies that employ drivers not only
have the right to be aware of the
driving record of their employees who
drive, they are legally responsible if
they don’t! The Driver’s Privacy
Protection Act (DPPA) provides more details on
the employers rights in this regard.
Motor carrier employers must monitor
their drivers under Federal Motor
Carrier Safety Administration (FMCSA)
regulations. These carriers must check
the license status of each employee who
drives a company vehicle when they are
hired and at least yearly after that.
Q: How often
should I review my employee driver
records??
A:
In order for an employer to be certain
that their employed driver has a valid
license, and minimize their risk, the
employer should check that driver’s
license every single day. This,
however, is highly impractical and would
entail tremendous costs. FMCSA states
that the motor vehicle history of a CDL
driver must be obtained at least once
per year. Simply meeting this
requirement does not relieve the
employer of its vicarious liability
obligations. This is why the License
Monitor solution is a tremendous
resource.
Q: Do I need
the driver’s permission?
A: Motor
vehicle records and other underwriting
reports have been identified as consumer
reports. As such, use of these reports
must comply with the:
It is good policy to obtain every
driver’s consent to facilitate your
efforts to remain apprised of your
employed driver’s license status. This
permission may already be a part of your
employee’s employment agreement. If
it’s not, you may wish to
integrate this practice into your
corporate policy.
While certain categories of purposes
under the DPPA do not require the
employee’s consent, as a consumer
report, it is recommended that
permission be obtained as each state has
adopted different elements of the DPPA.
The FCRA requires an individual’s
consent each time a consumer report is
obtained on that individual. A consent
form is not a complicated document, and
can be less than a page long.
An Employer’s Responsibility
Q: Is the
License Monitor service for use only for
drivers with commercial licenses?
A: No, it provides company risk protection
for the full array of drivers for whom
you are responsible, including sales
staff, drivers of non-commercial
vehicles, independent contractors,
owner/operators, delivery vehicles, and
even family members of employees who use
company-provided cars.
If you provide a vehicle to any driver,
pay someone to drive their own car, or
hire a contractor who drives for you,
you could be liable for damages due to
“negligent entrustment” if that
individual injures someone, lacks a
valid license or has a poor driving
history. Insurance will not cover all
costs for negligent entrustment— and
these costs can damage your bottom
line, or even put a small company out of
business. License Monitor protects you
by allowing you to easily monitor all
drivers for which you have any legal
responsibility.
Q: What
industries does License Monitor serve?
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All motor carriers
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Transportation services
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Moving and hauling
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Food and beverage distribution
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Construction and building materials
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Distribution and warehousing
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Pharmaceutical and industrial
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Auto dealerships
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Furniture distribution
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Fuel (propane and oil heat)
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Utilities
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Telecommunications
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Town, county, and state offices
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Fire and emergency services
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Many others
The bottom line — any organization that has individuals
operating a vehicle (company-owned or
personal) on business will benefit from
the License Monitor service.
Compliance
Q: What
background investigations are required
under the FMCSR?
A: Three-year employment and driving
histories and a two-year drug and
alcohol test history.
Q: When
must an employee be screened under the
FMCSR guidelines?
A: When they hold a CDL and operate in
interstate commerce.
Q: When
must an employee hold a commercial
driver's license?
A: The criteria are: gross vehicle
weight of 26,001 lbs; gross
combination weight of 26,001 lbs
inclusive of towed united with a gross
vehicle weight of more than 10,000 lbs;
hazmat cargo; or capability of 16 or
more passengers.
Q: Does the
Pro-Active License Monitoring Service
meet Federal Motor Carrier
Administration regulations for annual
motor vehicle record checks?
A:
The Federal Motor Carrier Safety
Administration (FMCSA) has provided
written confirmation that any
organization utilizing LMI's Pro-Active
License Monitoring service is considered
compliant with the FMCSA regulation
§391.25 (a),(b) and (c) for annual motor
vehicle record checks. The License
Monitor service now also satisfies
record keeping requirements allowing for
electronic filing for the first time in
history.
Q: Am I
responsible for the safe performance of
independent contractors who drive while
working for the company?
A:
Yes. The company is likely vicariously
liable for the independent contractor
driving while conducting the company’s
business. Therefore, the company has
the same concerns with the independently
contracted driver’s record as it does
with its’ employed driver.
Section 390.5 of the FMCSA regulations
states the following:
Employee means any individual, other
than an employer, who is employed by an
employer and who in the course of his or
her employment directly affects
commercial motor vehicle safety. Such
term includes a driver of a commercial
motor vehicle (including an independent
contractor while in the course of
operating a commercial motor vehicle), a
mechanic, or a freight handler.
Q: How
often must I check a driver's MVR?
A: Employers must check a drivers motor
vehicle report to be minimally compliant
once every 12 months. Reports should be
requested to cover the last 12 months
from every state in which the driver
held a commercial vehicle operators
license or permit. Minimal compliance,
however, does little to minimize
commercial risk.
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