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. 

Ad Loading...

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

A shot of a Volvo electric vehicle with a man charging it in front of a residence.
SponsoredAugust 1, 2026

Top 50 Executive Fleets

It is that time of year again! Time for the 2026 list of the Top 50 Executive Fleets, presented by Automotive Fleet and Volvo as part of its annual Fleet 500. Download now to see this year's list of companies!

Read More →
Lauren Fletcher points toward the red-and-white Ringmaster of the Road soap box derby car. Bold text reads “Race Ready,” “Ringmaster of the Road,” and “Akron Bound.”
Operationsby Lauren FletcherJuly 31, 2026

Behind the Scenes: Building the Ringmaster of the Road from Body to Paint Part 2

The body is built, the paint is on, and Team Fletcher’s Soap Box Derby car is nearly ready for testing ahead of race day in Akron.

Read More →
Chris Brown of Automotive Fleet and Lauren Fletcher of Work Truck pose beside a Soap Box Derby car in a Team Brown vs. Team Fletcher race graphic benefiting The Hourglass Foundation.
Operationsby News/Media ReleaseJuly 30, 2026

It's All Downhill from Here! Fleet Industry Raises $22,000 for Skilled Trades Scholarships

Work Truck’s Lauren Fletcher and Automotive Fleet’s Chris Brown turned a friendly racing rivalry into $22,000 for automotive technology and skilled trades scholarships.

Read More →
Ad Loading...
Lauren Fletcher stands against a dark blue background beside the headline “Fleets Run on Confidence.” Additional text reads “July 2026” and “Safety, Technicians, Leadership, Mixed Energy.”
Sponsoredby Lauren FletcherJuly 30, 2026

Fleet Confidence, Safety, and Smarter Risk Management Lead This Month

This month’s TruckChat: Top Monthly News Recap explores what it takes to build confidence across a fleet, from stronger leadership and technician support to better safety preparation, smarter use of telematics, and clearer plans for when something goes wrong.

Read More →
Tina Kourakos smiles beside bold black-and-yellow Fleet Legends graphics promoting her spotlight interview on decades of fleet leadership.
Sponsoredby Lauren FletcherJuly 29, 2026

From Fleet Operator to OEM Leader: Tina Kourakos’ Career Lessons

Tina Kourakos shares the lessons, relationships, and career pivots that shaped more than 30 years in fleet, plus the advice every new fleet manager should hear.

Read More →
Six WEX and Standard Fleet team members pose together in front of a WEX-branded backdrop, commemorating a business partnership or collaboration between the two companies.
Operationsby News/Media ReleaseJuly 29, 2026

WEX Brings Standard Fleet's Connected Vehicle Platform to Fleet Customers

This week’s product launch with Standard Fleet’s connected vehicle platform reflects WEX Venture Capital's strategy of turning startup innovation into customer solutions. Standard Fleet is now available to WEX fleet customers.

Read More →
Ad Loading...
Work Truck Trucks, Tips & Tours YouTube thumbnail promoting Motive Atlas AI, featuring a rugged tablet displaying the Atlas interface with the headline, “Save Time with AI,” and a Truck Chat “Watch Now” button.
Operationsby Wayne ParhamJuly 27, 2026

Meet Atlas: Motive's AI Assistant for Fleets

Artificial intelligence is becoming a practical tool for fleet operations. In this video, Emily Parsons introduces Atlas, Motive's AI-powered assistant that combines conversational search with the ability to perform actions across the Motive platform.

Read More →
Commercial Fleet
SponsoredJuly 23, 2026

The Top 300 Commercial Fleets

The Top 300 Commercial Fleets: See the List

Read More →
NTEA promotional graphic featuring the Federal Excise Tax Guide for the Work Truck Industry alongside the NTEA logo, highlighting a comprehensive guide to the 12% federal excise tax on work trucks, tractors, and trailers.
Operationsby News/Media ReleaseJuly 22, 2026

NTEA Releases Updated Federal Excise Tax Guide for the Work Truck Industry

NTEA’s latest revised edition of its Federal Excise Tax Guide for the Work Truck Industry is now available to help fleet leaders navigate complex federal tax requirements.

Read More →
Ad Loading...
Multi-level car carrier transporting white pickup trucks and sedans along a highway, illustrating commercial vehicle logistics and fleet vehicle delivery.
Operationsby News/Media ReleaseJuly 20, 2026

Super Dispatch Powers Centralized Vehicle Transport Operations for Merchants Fleet

Merchants Fleet has replaced fragmented transportation processes with Super Dispatch’s unified, API-powered platform to improve visibility, automation, and carrier performance.

Read More →