Work Truck Logo
MenuMENU
SearchSEARCH

Should Driver Exceptions Always be the Rule?

Learn about some of the more commonly used FMCSR driver exceptions and the potential problems they present.

Kathy Close
Kathy CloseCompliance Expert at J.J. Keller
Read Kathy's Posts
September 27, 2022
Should Driver Exceptions Always be the Rule?

Whether to use a specific exception as provided in the FMCSRs is both a business and risk management decision. 

Photo: Work Truck/Canva

4 min to read


Some common exceptions permitted under the Federal Motor Carrier Safety Regulations (FMCSRs) require a motor carrier to place trust in someone else’s safety program. 

Should carriers take advantage of recordkeeping allowances, or does doing so open carriers up to liability?

Ad Loading...

Commonly Used Driver Exceptions

The following are some of the more commonly used exceptions and the potential problems they present.

1. New Truck Drivers & Physical Exams

If a driver applicant is currently medically certified, a prospective employer has the choice of accepting it or requesting a new exam. 

The advantage of the exception is obvious: It saves time and money. But the second choice provides the new employer with more control over the situation. The driver can be sent to a medical examiner of the carrier’s choice to ensure that the driver has not developed a medical disqualification since the previous exam. It may not cut costs, but it aids in reducing liability.

By accepting an existing card, the carrier is, in a way, taking on any deficiencies in another carrier’s safety program.

2. Truck Driver Pre-Employment Drug Screens

The cost of sending drivers for a Department of Transportation (DOT) pre-employment drug screen can add up, especially for carriers that have a high turnover or are increasing driver positions.

Ad Loading...

Section 382.301(c) of the FMCSRs gives employers the option of foregoing a DOT pre-employment test if certain criteria are met. This exception, however, requires obtaining the driver’s specific written consent to contact the former employer(s) for documentation showing the driver meets the terms of the exception.

While this may seem straightforward, there are a few things carriers should keep in mind:

  • Will the former employer respond in a timely manner? The carrier can’t use the driver until it has the documentation in hand.

  • Can the carrier be sure the driver has not used drugs lately? Only a DOT pre-employment drug screen would detect recent use.

3. Alternatives for Road Tests

Section 391.33 provides two alternatives to performing a road test on a new driver.

First, a motor carrier may accept a previous carrier’s road test certificate if the test has been performed within the past three years. However, the carrier using this exception is assuming someone else’s safety standards are acceptable.

Ad Loading...

The other exception gives the carrier the option of retaining a copy of a CDL in lieu of a road test, providing the position does not require the operation of doubles, triples, or tankers. Unfortunately, passing a DMV’s driving test does not ensure the driver is capable of safely handling the motor carrier’s equipment.

4. Reasonable Suspicion Training

Regulatory guidance to §382.603 gives motor carriers the option of using another motor carrier’s records for supervisor reasonable suspicion training. However, accepting the certificate or other proof of training does not reveal the content of the other carrier’s program or whether the new supervisor had a clear understanding of what was covered in the training. 

Designated supervisors need to know and apply §382.307 appropriately, or the carrier may be cited for subjecting drivers to invalid reasonable suspicion requests.

5. Multiple-Employer Drivers & DQ Files

If a driver works for two or more motor carriers (USDOT numbers) in a period of seven consecutive days, carriers may use abbreviated recordkeeping in lieu of a complete Driver Qualification file.

This is based on the two multiple-employer driver regulations, §§391.63 and 391.65. 

Ad Loading...

The use of the exceptions helps get drivers behind the wheel faster. However, both options rely on the fact that the driver was fully qualified under someone else’s safety program, over which the current carrier has no control. 

Making an Informed Decision on Risk

Whether to use a specific exception as provided in the FMCSRs is both a business and risk management decision. 

The carrier must weigh the pros and cons of an exception’s use and its confidence in the level of safety it affords. For instance, if a driver is borrowed from a sister company, the secondary employer may be confident in accepting a certificate to satisfy §391.65. If the driver is coming from an unrelated company and the carrier is unable to verify the safety standards, however, it may be better to fully qualify the driver. 

The bottom line: Motor carriers should never risk safety to fast-track driver qualification or save a few dollars. 

Curous about the entry-level driver training (ELDT) requirements? Or what the top seven FAQs are for commercial motor vehicle emergency equipment? Read more! 

Subscribe to Our Newsletter

More Operations

Promotional graphic for a Work Truck Truck Chat Video episode about cargo security. Stacks of shipping boxes and an open cargo container fill a warehouse scene beside bold text: “Reduce Holiday Cargo Theft Risk” and “What Fleets Need to Know.”
Operationsby Wayne ParhamJuly 1, 2026

Extra Steps Fleets Should Take to Prevent Holiday Cargo Theft

Holiday shipping periods can create opportunities for cargo thieves and freight fraudsters. Learn the extra steps brokers, carriers, and fleets should take to protect loads and maintain security standards.

Read More →
Square podcast cover for Legends of Fleet featuring a professional portrait of fleet industry leader Ruth Alfson on a black and gold background. The cover includes the title "Legends of Fleet," sponsor and Work Truck logos, a microphone icon, and text identifying the episode as a spotlight interview focused on leadership lessons and decades of fleet experience.
OperationsJuly 1, 2026

Building Better Fleets with Ruth Alfson

Fleet leader Ruth Alfson shares career lessons on leadership, mentorship, technology, and building strong teams in this Fleet Legends interview.

Read More →
A conceptual leadership-themed graphic featuring a gold king chess piece standing at the center of a network of black chess pawns connected by thin lines. Large bold text reads “Leadership Lessons” against a dark blue background, symbolizing strategy, decision-making, influence, and team leadership. No people are shown.
Operationsby Lauren FletcherJuly 1, 2026

The Leadership Lessons Fleet Managers Learn Too Late

Fleet’s most respected leaders share the hard-earned lessons they wish they had known sooner about trust, communication, mistakes, and leading people.

Read More →
Ad Loading...
fleetio coast pay
SponsoredJuly 1, 2026

Fleet Managers Think They Understand Their Costs. The Data Says Otherwise

Most fleet managers say they have a strong handle on their costs, but new research from Bobit Business Media tells a different story. A 2026 survey of 190 fleet professionals reveals a widespread "confidence gap" where fragmented systems, disconnected data, and delayed reporting are leaving major blind spots hidden beneath the surface. Find out what the data actually shows.

Read More →
Host Lauren Fletcher appears on the left with her hands raised in a welcoming pose against a motion-blurred work truck background. The thumbnail features the Work Truck logo and the title "Truck Chat Weekly Cheat Sheet" with the episode topics "Smarter Upfitting, Leadership & Fuel Savings" in bold text.
Sponsoredby Lauren FletcherJune 29, 2026

Fleet Leadership, Fuel Savings & Smarter Upfitting | Truck Chat Cheat Sheet

Catch up on the week's biggest work truck headlines in 60 seconds, from fleet leadership and fuel savings to new trucks, technology, and upfits.

Read More →
YouTube thumbnail featuring Lauren Fletcher on the left with the headline "Fleets Need People." Supporting text highlights AI, leadership, technicians, and fuel savings, promoting Work Truck's June 2026 monthly fleet news recap.
Operationsby Lauren FletcherJune 26, 2026

Fleet Talent, Leadership, and Smarter Operations Take Center Stage This Month

This month's TruckChat: Top Monthly News Recap explores why people remain fleet's greatest competitive advantage, from leadership development and technician recruitment to flexible fleet strategies, fuel-saving driver habits, and the growing role of AI in everyday operations.

Read More →
Ad Loading...
Promotional graphic for a Utilimarc guide titled Beyond Utilization Rates: How Data-Driven Fleets Are Rethinking Vehicle Replacement, featuring a report cover with fleet vehicles, key benefits, and a call-to-action to download the guide.
SponsoredJune 26, 2026

Beyond Utilization Rates: Smarter Fleet Replacement Decisions

Vehicle replacement decisions affect every aspect of fleet performance, from operating costs to asset availability. This guide explores how fleet leaders use integrated data, benchmarking, and lifecycle analytics to determine the right fleet size and optimize replacement timing with greater confidence.

Read More →
Promotional graphic for the Work Truck video series, Truck Chat, about cargo theft prevention. A worker loads boxes into a trailer while bold text reads “Don’t Be a Target!” and highlights why cargo theft spikes during the holiday season.
Operationsby Wayne ParhamJune 26, 2026

Why Cargo Theft Increases During the Holidays

Holiday weekends often mean reduced staffing, compressed schedules, and unattended freight, all of which create opportunities for cargo thieves. Learn the warning signs and prevention strategies every driver and fleet should know.

Read More →
Promotional graphic for the Fleet Legends interview series featuring fleet industry veteran Jeffrey Hurrell. The thumbnail shows Hurrell in a dark suit against a black and yellow background with large "Legends of Fleet" branding. Text highlights a spotlight interview focused on decades of leadership, fleet management experience, and industry insights.
Sponsoredby Lauren FletcherJune 24, 2026

How Strong Fleet Policies Drive Better Business Results | Fleet Legends

What separates fleet managers from fleet leaders? Jeffrey Hurrell shares the strategies that shaped a decades-long career in fleet.

Read More →
Ad Loading...
White delivery van traveling on a highway beside ORTEC branding and a “SupplyTech Breakthrough Award 2026” badge recognizing the company as Last Mile Solution Provider of the Year.
Operationsby News/Media ReleaseJune 24, 2026

ORTEC Wins Last Mile Solution Provider of the Year

ORTEC has been named Last Mile Solution Provider of the Year in the 5th annual SupplyTech Breakthrough Awards program conducted by SupplyTech Breakthrough.

Read More →