Navigating ever-changing industry regulations that impact background checks is a road fraught with hazards for transportation employers. Since late 2023, evolving regulatory requirements from the US Department of Transportation (DOT)’s Federal Motor Carrier Safety Administration (FMCSA) have shifted the regulatory landscape. Steering through state-specific charge language and data sources can be confusing, especially for centralized TA teams operating across multiple locations. Maintaining post-hire documentation for a dispersed workforce adds another layer of complexity.

No wonder that two-thirds of transportation HR professionals surveyed by Checkr aren’t completely confident their background check policy complies with federal, state, and local screening laws and regulations. An inability to keep up with changing regulations, uncertainty over which screenings to use, and worries about violations or lawsuits are among their top compliance concerns.

As regulations evolve, your background check strategy should too. Here’s what you need to know about the most recent FMCSA and other regulatory changes, and how to find a background check solution that fuels compliant hiring.

Failing to comply with federal regulations poses steep risks for transportation companies. The number of on-site FMCSA audits increased in 2024, with 94% of audits uncovering at least one violation. More than half (55%) of audits revealed “acute” or “critical” violations, which can impact a company’s safety rating; 24% of audits resulted in fines or other penalties. To help keep your screening program on track, here’s an overview of the recent regulatory changes that may impact your background check policies.

Having a "prohibited" status in the FMCSA Drug and Alcohol Clearinghouse now results in an automatic downgrade or denial of a commercial driver's license (CDL) or commercial learner's permit (CLP). Drivers with a prohibited status must complete the return-to-duty (RTD) process to regain their commercial driving privileges.

Effective November 18, 2024

State Driver Licensing Agencies (SDLAs) are now required to query the Clearinghouse before issuing, renewing, or upgrading a CLP or CDL, or before transferring a CDL. This ensures that drivers with unresolved drug and alcohol violations cannot continue to hold commercial driving privileges.

Effective November 18, 2024

If the Clearinghouse contains at least three years of data for a driver, employers no longer need to manually contact previous employers for drug and alcohol violation history. However, employers still need to contact previous employers for other safety performance history and employment verification. In addition, if the candidate was employed by a company regulated by a DOT agency other than FMCSA during the three-year period, employers must still request drug and alcohol violation histories directly from those employers. 

Effective January 6, 2023

Oral fluid testing is now an approved alternative to urine testing for DOT drug tests, offering more flexibility. While tests cannot be conducted until the Department of Health and Human Services (HHS) certifies at least two labs, employers can begin preparing in the meantime.

Effective December 5, 2024

Certified Medical Examiners (MEs) are required to submit all commercial vehicle driver medical exam results directly to the FMCSA by midnight of the calendar day following the exam. FMCSA will then electronically transmit driver identification, examination results, restriction information, and medical variance information to SDLAs or Departments of Motor Vehicles (DMVs). As a result, employers will rely more heavily on Motor Vehicle Records (MVRs) to verify a CDL driver's current medical certification status, making continuous MVR monitoring more important than ever.

Effective June 23, 2025

The FMCSA is gradually transitioning from Motor Carrier (MC) numbers to USDOT numbers as the sole identifier for motor carriers to simplify the registration process and combat fraud.

If positive drug test results received by the FMCSA remain below 1% for two consecutive years, the FMCSA has the option to lower the annual testing rate from 50% to 25%. For 2025, the rate remains at 50%, but changes to the rate are another regulation that employers should monitor closely.

The right background check partner can help you navigate the most complex compliance requirements. When choosing a screening solution, look for these essential compliance features.

Compliance with federally mandated screenings is critical, of course, but your transportation background check program can do much more. Best practices for transportation employers include conducting the following screenings:

With the annual turnover rate for drivers at 94% in 2024, keeping qualified candidates engaged is essential—and your background check provider can help. A mobile-first candidate experience that suits the lifestyle of today’s drivers helps you capture qualified candidates before your competitors do. A background check provider that offers robust candidate support takes this task off your TA team’s hands while keeping candidates moving through the funnel.

Enhancing your TA team’s efficiency can put your hiring process in the fast lane. A background check solution that offers built-in integration with your existing ATS/HRIS solution saves time and reduces the risk of human error that can lead to liability issues. Prevent promising candidates from stalling out by working with a partner that automates candidate communications, using SMS prompts to keep screenings moving.

The right background check partner can help transportation employers safely navigate the industry’s ever-evolving regulatory requirements. Checkr’s transportation background check packages and centralized platform make FMCSA compliance easy, streamlining pre- and post-hire screenings so you can steer clear of regulatory roadblocks without compromising safety.

Checkr’s pre-built and customizable packages make it simple to order comprehensive background checks. Our AI-powered platform provides fast, accurate reports, while our automated adjudication workflows minimize risk and limit liability. Plus, our mobile-first candidate experience accelerates screenings, helping you speed qualified candidates out of the funnel and into the driver’s seat.

About the author

Karen Axelton writes about business topics and best practices. She has written hundreds of articles on business subjects, including background screening, hiring and employment trends, human resource management, and the use of technology in the workplace. Her work includes educational articles, e-books, white papers, and case studies.