政策法规现行有效美国跨境陆运

§ 391.53 Driver investigation history file.

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2026-02-19	2026-03-23	Code of Federal Regulations (CFR) - Transportation (Title 49)

发布02-19

生效03-23

摘要总结AI 辅助解读

该法规（49 CFR § 391.53）规定了美国承运人必须建立并维护驾驶员调查历史档案。核心要求包括：档案需安全存储且访问受限，仅用于招聘决策；内容须包含驾驶员对酒精/毒品背景调查的书面授权、前雇主的回复或联系未果的记录；档案保存期限为雇佣期间及离职后三年；需随时配合FMCSA等执法机构的检查。此规定直接影响跨境陆运中涉及美国境内段运输的承运人合规义务。

(a) Each motor carrier must maintain records relating to the investigation into the safety performance history of a new or prospective driver pursuant to § 391.23(d) and (e). This file must be maintained in a secure location with controlled access.

- (1) The motor carrier must ensure that access to this data is limited to those who are involved in the hiring decision or who control access to the data. In addition, the motor carrier's insurer may have access to the data, except the alcohol and controlled substances data.

- (2) This data must only be used for the hiring decision.

(b) The file must include:

- (1) A copy of the driver's written authorization for the motor carrier to seek information about a driver's alcohol and controlled substances history as required under § 391.23(f)(1).

- (2) A copy of the response(s) received for investigations required by paragraphs (d) and (e) of § 391.23 from each previous employer, or documentation of good faith efforts to contact them. The record must include the previous employer's name and address, the date the previous employer was contacted, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented.

(c) The safety performance histories received from previous employers for a driver who is hired must be retained for as long as the driver is employed by that motor carrier and for three years thereafter.
(d) A motor carrier must make all records and information in this file available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or an authorized third party, upon request or as part of any inquiry within the time period specified by the requesting representative.

(Approved by the Office of Management and Budget under control number 2126-004)

[69 FR 16721, Mar. 30, 2004, as amended at 84 FR 51434, Sept. 30, 2019]