Are Your MVR Checks FCRA Compliant?

Motor vehicle reports (MVRs) give you key insight into anyone's driving record. But these MVR reports are also protected by the Fair Credit Reporting Act (FCRA).

As a DOT-regulated employer, you run motor vehicle reports at various intervals during a driver’s employment: at the time they’re hired and every year thereafter. It’s a standard DOT compliance practice that helps protect the safety of our roadways — and your company’s compliance.

However because an MVR check is a consumer report, there are additional requirements that must be met each time you request a new MVR compliance check for a driver — whether it’s run as part of the pre-employment background screening process or their annual review. Failure to follow these requirements can lead to big fines.

Introduction to FCRA Compliance for MVR Reports

Before you order an MVR report on an applicant or current employee, it’s important to familiarize yourself with the applicable federal regulations.  From how to notify individuals about an MVR compliance check to disposing of sensitive information, the Fair Credit Reporting Act (FCRA) has steps you must take to stay compliant.

The steps below deal only with the FCRA and do not address applicable state laws. Employers should familiarize themselves with the laws in their governing state, as well as other applicable state law.

Before you order an MVR report, you must provide a disclosure that a background check will be done and get permission from the applicant or employee before the MVR is ordered.  In total, the driver will need to be supplied with three documents:

• Disclosure: This notice must be given to the applicant or employee independently of other paperwork. For applicants, for example, you cannot include the disclosure statement on the application. The disclosure must be clear and conspicuous, in writing and consist solely of the disclosure. If you intend to run periodic MVRs on a driver after they’re hired (as part of an MVR Monitoring program, for example), that information must be very clearly stated within the disclosure.
• Authorization: You must receive authorization from the driver that acknowledges they received the Disclosure. The driver must also give their consent before you can obtain their motor vehicle report.
• Summary of Rights: The driver must be provided with a copy of the “Summary of Your Rights Under the Fair Credit Reporting Act.”

Additionally, you must certify that you’re running compliant motor vehicle reports with the background check company that is running your searches.  Through this process, you must certify you’ve provided the consumer with the disclosure, received authorization, and will not misuse the information or discriminate based on the results. 

Run Compliant MVR Checks with Foley

Sound confusing? It doesn’t have to be. When you order your MVR reports through a DOT background check company that understands all of your federal regulatory requirements, they’ll ensure that all of your requirements are met — so that both your Part 391 and FCRA compliance requirements are fulfilled.

To learn more about Foley’s DOT background screening service, including our MVR Monitor program, give us a call at (860) 815-0764 or click here for more information.