Your Trucker DAC Report

Your DAC report is to the truck driver what your credit report is to a consumer. When you are apply for a mortgage the first thing the bank checks is your credit report. If there is something negative on the report, regardless of whether it is true, you will be denied the loan. You DAC report is similar in that when you apply for a job as a truck driver the first thing the prospective trucking company checks is your DAC report. If there are any negative entries you will have a much harder time finding employment.

Your report consists of two parts. The first is your MVR (motor vehicle report) which is your CDL driving record obtained from your home state.

Once a speeding ticket violation goes on your MVR there is nothing that can normally be done and certainly not without an attorney. Reopening a case is very difficult and costly. It pays to contest every moving violation citation because they stay on your record for three years and most companies require that you have no more than two non-serious traffic violations on your driving record.

Of course two serious moving violations in three years means that your license will be suspended and goodbye truck driving job. In addition CDL drivers can no longer take advantage of driving school or deferment programs like the 4wheelers. This means that it is getting very difficult to keep a clean driving record if you are a CDL driver.

The other part of the report is your work record. This is simply what your former employers have reported. The trucking companies are paid a small fee for your record. This will include notations about any accidents, noted as preventable or nonpreventable, or other problems.

If possible, always try to leave on good terms because what your former employers say about you carries a great deal of weight in the trucking industry. If you have a recent preventable accident or a bad report from a former employer then you will have a serious problem getting any major company to hire you. This is why it is so important to regularly monitor your DAC report. You have the right to obtain a copy of your report and also to dispute any incorrect information. This means they must verify any item that you dispute.

However, if the company confirms then it stays on your report. You will then have to contact the company directly and try to get them to correct the report. Again you may need an attorney since the company has no incentive to change the report. In my experience most companies will simply ignore your request since it costs them to investigate.

USIS Commercial Services is subject to the FACT Act file disclosure requirements. Upon request to USIS, a consumer is entitled to receive a free copy of his or her DAC report once every twelve months. Additional copies may be provided within the subsequent twelve month period, subject to a $9.50 charge. There are other circumstances under which a consumer may be entitled to free copies of their file.

USIS only maintains consumer files for individuals who have applied for employment with their customers. As a result, your particular file may not be available through USIS if you have not applied for employment with one of their customers. To request a copy of your DAC report you must send them a written request including a copy of your Social Security card and Drivers License. To my knowledge this is the only way to receive your report unless you can persuade someone at a trucking company to obtain it for you.

USIS Commercial Services Division
Attn: Consumers Department
PO Box 33181
Tulsa, OK 74153

It takes ten days to two weeks to receive your DAC report.

If you have fraudlent infromation on your DAC report you need to first follow the dispute resolution procedures. Be careful that just because something has been removed from your DAC does not mean that you do not need to put it on your application.

If your new employer finds out by other means you may be fired for filling out a false application.

DAC Truck Driver Lawsuit

This ruling shows how important it is to leave your current company on the correct terms. If you know you intend to leave, request a copy of your record from the company. This makes it harder for them to back date any negative comments. Give a two week writen notice and have a company representative initial your copy. When you turn in your truck have it inspected and get a written report from an authorized representative. Contest anything on your record that is listed as a "preventable."

One favorite trick that has been brought to my attention is for the company to request a drug screen. Since you have quit, you fail to show and the company lists it as a refusal. Then they report it to your new company and you are promptly fired.

While it is possible to remove an incorrect report from your DAC, it takes time, money, and proof. Since most truck drivers do not document, they have no proof. Truck driving is a business and you need to treat it as such. One of the best ways to protect yourself is to join a prepaid legal plan. Advice from an attorney at the time of the incident can save you a lot of grief down the road (no pun intended).

Frequently Asked DAC Report Questions

Is Drug and Alcohol Information recorded on my DAC report?

By law, a company is required to release D&A information for the past 3 years...after 3 years, they do not have to. D&A information is now recorded on your DAC report.

How long does information stay on my DAC report?

A DAC report will typically keep information on it for 10 years. However, after 7 years, things like accidents, work record, and eligibility for rehire will be removed, leaving only the dates of employment and what type of experience you had. Additionally, if a company goes out of business, accidents, work record, and eligibility for rehire is supposed to be removed.

Can I get my DAC report by fax or email?

No. You must sent your request by mail.

How long does it take to receive my report?

Currently it is taking them about two weeks to respond.

My truck was stuck and a wrecker pulled me out. The company is listing this as a preventable accident even though there was no damage and I did not receive a ticket. Can they do this?

Yes. Incidents and accidents are both listed as preventable or nonpreventable. If you disagree with a determination you do have the right to refute any information on your DAC report.

How do I get my DAC Report corrected?

You need to start by sending DAC a letter, CRRR, adivising them of the disputed entry and requesting that they remove it. They have thirty days to either verify the information or make a corrected entry.

If the company verifies the report or DAC refuses to make a corrected entry, you will probably need the assistance of an attorney.

There is also a new set of regulations as follows:

NEW DAC TRUCK DRIVER REGULATIONS

New FCMSA regulations effective April 29, 2004 make it easier for a truck driver to obtain and dispute the information in his DAC report. Trucking companies have until October 29, 2004 to fully comply with the new regulations.

Prospective employers must make an inquiry with each applicant’s employer for whom a commercial motor vehicle was driven within the previous 3 years from the date of application. This information must now be provided to the truck driver within five days of receipt of a written request. If you think that you have been denied employment because of a report from a previous employer, you can now obtain the information by simply sending a request to the trucking company.

Previously the only way to obtain the information in a timely fashion was to pay for your DAC report. If you include the request with your application, the information will automatically be forwarded to you. It is possible that some HR departments may not look favorably upon your request so you may want to wait until you are actually denied employment.

Prospective employers will be required to notify truck driver applicants of their right to review the information obtained from previous employers, to correct errors in that information and to file a rebuttal of any incorrect information.

If there is incorrect information on your DAC report then you need to contact your previous trucking company and request a revision of your employment history. The request needs to be specific and you need to provide any supporting documentation. It is always a good idea to keep a copy of your logs for your own records, especially if the trucking company should close and you need to verify your experience. Send the request by Certified Mail, Return Receipt.

Your previous employer has 15 days to respond to a driver's request for a correction of erroneous safety or work history information. If the truck driver chooses to submit a rebuttal, the previous employer has 5 days to forward the information to the prospective employer and to append a copy of the rebuttal to the driver’s permanent safety performance history.

These new regulations will make it much easier for a truck driver to correct his DAC report and make it much more difficult for a trucking company to "blackball" a driver. This will also help the trucking industry since companies and insurers will now be better able to assess prospective employees.

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