XVII. Trucking Checklists

1. DRIVER APPLICATION CHECKLIST (AT TIME OF HIRING – 49 CFR § 391.21(b))

1. ____NAME & ADDRESS OF MOTOR CARRIER: (49 CFR § 391.21(b)(1)
2. ____APPLICANT’S NAME, ADDRESS, DOB, & SSN: (49 CFR § 391.21(b)(2)
3. ____APPLICANT’S ADDRESSES FOR PRIOR 3 YEARS: (49 CFR § 391.21(b)(3)
4. ____APPLICATION SUBMISSION DATE: (49 CFR § 391.21(b)(4)
5. ____STATE, NUMBER, & EXPIRATION OF ALL CDLs: (49 CFR § 391.21(b)(5)
6. ____NATURE & EXTENT OF APPLICANT’S EXPERIENCE IN OPERATION OF MOTOR VEHICLES INCLUDING TYPE OF EQUIPMENT OPERATED: (49 CFR § 391.21(b)(6)
7. ____LIST OF ALL ACCIDENTS FOR PRIOR 3 YEARS INCLUDING DATE, NATURE, & IFANY FATILITIES OR INJURIES: (49 CFR § 391.21(b)(7)
8. ____LIST OF ALL VIOLATIONS OF MOTOR VEHICLE LAWS/ORDINANCES RESULTING IN CONVICTION OR BOND FORFEITURE FOR PRIOR 3 YEARS: (49 CFR § 391.21(b)(8)
9. ____STATEMENT REGARDING ANY DENIAL/REVOCATION/SUSPENSION OF ANY LICENSE OR PERMIT: (49 CFR § 391.21(b)(9)
10. ____LIST OF EMPLOYERS FOR PRIOR 3 YEARS INCLUDING EMPLOYMENT DATES, REASON FOR LEAVING, WHETHER SUBJECT TO FMCSRs, & WHETHER SUBJECT TO ALCOHOL & CONTROLLED SUBSTANCE TESTING: (49 CFR § 391.21(b)(10)
11. ____ FOR DRIVERS APPLYING TO OPERATE CMVs AS DEFINED BY PART 383, LIST OF EMPLOYERS FOR 7 YEAR PERIOD PRECEDING 3 YEARS LISTED ABOVE WITH EMPLOYMENT DATES & REASON FOR LEAVING: (49 CFR § 391.21(b)(11)
12. ____CERTIFICATION & SIGNATURE LINE: 49 CFR § 391.21(b)(12)

2. DRIVER QUALIFICATION FILE CHECKLIST (49 CFR § 391.51)

1. ____APPLICATION (49 CFR § 391.21)
2. ____A COPY OF A 3 YEAR MVR AT TIME OF HIRE (49 CFR § 391.23)

3. ____PRIOR EMPLOYER SAFETY INQUIRY (49 CFR § 391.23)
4. ____A CERTIFICATE OF A ROAD TEST (49 CFR § 391.31) OR EQUIVALENT (49 CFR § 391.33)
5. ____TRAINING CERTIFICATE FOR ENTRY LEVEL DRIVERS ONLY (49 CFR § 380.509)(Note:  This can also be maintained in the personnel file)

6. ____AN ANNUAL COPY OF MVR FOR PAST YEAR (49 CFR § 391.25)
7. ____A NOTE OF ANNUAL REVIEW BY MOTOR CARRIER (49 CFR § 391.25)
8. ____ANNUAL LIST OF TRAFFIC VIOLATIONS FROM THE DRIVER (49 CFR § 391.27)

3. ELECTRONIC DATA CHECKLIST

1. ____SAFER WEBSITE DATA ON TRUCKING COMPANY
2. ____ECM DOWNLOAD FROM TRACTOR
3. ____DASH CAM/SURVEILLANCE VIDEO
4. ____GPS DATA FROM TELEMATICS SYSTEMS
5. ____ELECTRONIC DRIVERS LOGS
6. ____DATA FROM COLLISION AVOIDANCE SYSTEMS
7. ____MESSAGING DATA FROM ONBOARD COMPUTER SYSTEM
8. ____CELLPHONE DOWNLOAD
9. ____INTERNAL E-MAILS
10. ____SOCIAL MEDIA POSTINGS BY TRUCK DRIVER
11. ____MEDIA ONLINE PHOTOGRAPHS & VIDEO

4. TRUCKING CLAIMS CHECKLIST

A. Investigation of Accident

1. Retain Reconstruction Expert to Investigate Accident and Photograph Scene
2. Retain Trucking Expert to Inspect Vehicle
3. Obtain Post-Accident PSC, DOT or FHWA Inspection Reports

B. Preservation of Evidence

1. Obtain Motor Carrier Certificates and Filings from State Agencies
2. Send Spoliation Letter to Trucking Company and its Insurer
3. Download ECM Data
4. Download SMS Results on Trucking Company from Safer website

C. Complaint

1. File Direct Action Against Insurer if allowed under State Law
2. Determine Product Liability Claims against Manufacturer
3. Examine Potential Claims against Broker or Shipper
4. Find out if Insurer Screened Drivers
5. Determine Theories of Liability against Trucking Company
6. Negligent Hiring, Entrustment or Retention
7. Negligent Inspection, Maintenance or Repair
8. Violations of FMCSR
9. Driver Fatigue
10. Punitive Damages

D. Discovery

1. Request all Documents Required by Federal Regulations
2. Driver’s Qualification File
3. Driver’s Logs
4. Daily Inspection Reports
5. Annual Inspections
6. Maintenance and Repair Records
7. Qualcomm and On-board Recording Devices
8. Downloadable Data from ECM
9. Post-Accident Drug and Alcohol Testing
10. Accident Register
11. Bills of Lading, Weight Tickets, Hotel Receipts
12. Policy and Procedure Manuals
13. Training Documents
14. Take the Driver and Safety Director’s Depositions

E. Trucking Experts: What Issues are in My Case?

1. Industry Standards and Common Practices
2. Operation of Commercial Vehicles
3. Driver Fatigue/ Driver’s Logs
4. Compliance with Federal Regulations
5. Negligent Hiring and Retention
6. Inadequate Maintenance or Repairs
7. Defective Parts or Mechanical Failures

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