U.S. Code » Title 49 » Subtitle SUBTITLE VI— MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART B— COMMERCIAL › Chapter CHAPTER 311— COMMERCIAL MOTOR VEHICLE SAFETY › Subchapter SUBCHAPTER III— SAFETY REGULATION

49 U.S.C. § 31150

Safety performance history screening

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 49 CasesGoogle Scholar
(a)In General.—The Secretary of Transportation shall provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System:(1) Commercial motor vehicle accident reports.(2) Inspection reports that contain no driver-related safety violations.(3) Serious driver-related safety violation inspection reports.(b)Conditions on Providing Access.—Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall—(1) ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law;(2) ensure that such person will not conduct a screening without the operator-applicant’s written consent;(3) ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator-applicant, unless expressly authorized or required by law; and(4) provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.(c)Design.—The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator’s crash and serious safety violation inspection history as a preemployment condition. Use of the process shall not be mandatory and may only be used during the preemployment assessment of an operator-applicant.(d)Serious Driver-Related Safety Violation Defined.—In this section, the term “serious driver-related violation” means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.(Added Pub. L. 109–59, title IV, § 4117(a), Aug. 10, 2005, 119 Stat. 1728.)Editorial NotesReferences in Text

The Fair Credit Reporting Act, referred to in subsec. (b)(1), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1127, which is classified generally to subchapter III (§ 1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2014–2025 · leading case: Klint L. Mowrer v. DOT, 14 F.4th 723 (D.C. Cir. 2021).
Sort: Relevance Newest Treatment
Klint L. Mowrer v. DOT, 14 F.4th 723 (D.C. Cir. 2021). · cites it 7× “1144 , 1728 (2005) (codified at 49 U.S.C. § 31150 (a)). The Administration implemented this direction by creating the Pre- Employment Screening Program (PSP), which allows prospective employers to access crash and inspection reports on commercial drivers.”
Flock v. United States Dep't of Transp., 840 F.3d 49 (1st Cir. 2016). · cites it 11× “Appellants in this case are a group of drivers who allege that disseminating certain information contained in the database, in particular," driver-related safety violations that are not deemed by the Secretary of Transportation to have been “serious,” exceeds the agency’s…”
Owner-Operator Indep. Drivers Ass'n v. United States Dep't of Transp., 879 F.3d 339 (D.C. Cir. 2018). “” 49 U.S.C. § 31150 (b)(1). To further guarantee the accuracy of the database, the Department must “provide a procedure for [drivers] to correct inaccurate information.”
Flock v. United States Dep't of Transp., 136 F. Supp. 3d 138 (D. Mass. 2015). · cites it 13× “In 2005, Congress enacted a new statute, codified at 49 U.S.C. § 31150 , stating that the FMSCA “shall provide” to prospective employers of motor carrier drivers “electronic access” to three specific categories of reports.”
Weaver v. Fed. Motor Carrier Saf. Admin., 744 F.3d 142 (D.C. Cir. 2014). “49 U.S.C. § 31150 (a). (The record does not disclose the employment fortunes of drivers who withhold permission.”
Owner-Operator Indep. Drivers Ass'n, Inc v. Lahood (D.D.C. 2019). · cites it 4× “1144 , 1728–29 (2005) (codified at 49 U.S.C. § 31150 ). DOT’s Secretary must “ensure that any information that is released .”
Lucas v. Fed. Motor Carrier Saf. Admin. (D. Maryland 2025). “” 49 U.S.C.A. § 31150 (b)(4). In fulfillment of this mandate, the FMSCA “created a system called DataQs, which allows drivers to challenge information in their PSP reports,” Mowrer, 14 F.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.