391.23
The required inquiry
30 days
Window to complete the inquiry
3 yr
MVR & employment history lookback
PSP
Optional, not required
In This Guide
Four Checks That Get Called "the DOT Background Check"
When a carrier says it ran "the DOT background check" on a new driver, it can mean any of four different things — and conflating them is how compliance gaps happen. A carrier that pulled a PSP report but never documented the safety performance history investigation has done the optional step and skipped a required one. A carrier that ran the MVR but missed the Clearinghouse query has a hole that a 2023 rule change made significant. Getting the vocabulary straight is the first step to getting the file right.
Here is the one-sentence version of each, before we go deeper. The 391.23 inquiry is the umbrella legal requirement. The MVR is a state-issued driving record that is one mandatory piece of it. The PSP report is an optional FMCSA report of federal inspection and crash data. The Clearinghouse query is a separate Part 382 requirement that now also satisfies the drug-and-alcohol portion of the 391.23 investigation.
| Check | Source | What it shows | Required? |
|---|---|---|---|
| 391.23 inquiry | Carrier process (MVR + prior employers) | Driving record + 3-year safety performance history | Yes (49 CFR 391.23) |
| MVR | State driver licensing agency | License status, convictions, suspensions | Yes (391.23(a)(1) + 391.51(b)(2)) |
| PSP report | FMCSA (MCMIS data) | 5-yr crash history, 3-yr roadside inspections | No — optional tool |
| Clearinghouse query | FMCSA Clearinghouse (Part 382) | Drug & alcohol program violations | Yes (Part 382, Subpart G) |
The 49 CFR 391.23 Inquiry: What the Regulation Actually Requires
49 CFR 391.23 is the regulation that defines the pre-employment background investigation a motor carrier must perform. It has two mandatory components, and a timing rule that ties them together. Skip either component, or blow the timing, and the file has a recordable gap.
Motor vehicle record from each state
49 CFR 391.23(a)(1)An inquiry to each state where the driver held a motor vehicle operator's license in the preceding three years, to obtain that driver's three-year driving history. A driver licensed in two states over that period means two MVRs.
Safety performance history investigation
49 CFR 391.23(a)(2), (d)An investigation of the driver's safety performance history with DOT-regulated employers during the preceding three years — driver identification and employment verification, and accident information as specified in 390.15(b)(1). All efforts to contact prior employers must be documented.
Complete within 30 days, file the records
49 CFR 391.23(a), 391.51Both inquiries must be completed within 30 days of the date employment begins, and the records placed in the driver qualification file. If a prior employer does not respond, document the good-faith effort.
The 2023 change: Clearinghouse replaced one prior-employer question
Since January 6, 2023, the 391.23 safety performance history investigation no longer requires asking prior employers whether the driver tested positive or refused a test. A pre-employment full Clearinghouse query now satisfies that specific drug-and-alcohol portion for FMCSA-regulated employers. The rest of the safety performance history investigation — employment verification and accident data — still has to be done with prior employers directly.
The MVR: State-Sourced, Required, and Recurring
The motor vehicle record is a report from a state driver licensing agency. It shows the driver's license status, class and endorsements, traffic convictions, and any suspensions or revocations. Because it comes from the state, an MVR only covers activity in that state — which is why 49 CFR 391.23(a)(1) requires an MVR from each state the driver was licensed in over the preceding three years, not just the current one.
The MVR shows up in the regulations twice, and carriers sometimes only do the first one. The pre-employment MVR is required by 391.23 and becomes a required DQF document under 391.51(b)(2). The annual MVR review is a separate requirement under 391.25 — at least once every 12 months a carrier must pull a fresh MVR and have a company official review and document it. The annual pull is one of the most commonly missed deadlines auditors find, because nothing prompts it unless the carrier is tracking the date.
MVR is not PSP — they show different data
A common mistake is treating a PSP report as if it satisfied the MVR requirement. It does not. The MVR comes from the state and shows convictions and license status; the PSP comes from FMCSA and shows federal roadside inspections and crashes. A clean PSP report does not tell you whether a driver's license is suspended in another state — only an MVR does. The MVR is required; the PSP is not.
PSP: The Pre-Employment Screening Program (FMCSA-Sourced, Optional)
The Pre-Employment Screening Program is an FMCSA program that lets a carrier — with the driver's written consent — pull a report of that driver's federal safety data. A PSP report draws from FMCSA's Motor Carrier Management Information System (MCMIS) and shows the driver's five-year crash history and three-year roadside inspection history. It is a snapshot of how the driver has actually performed at the roadside, which is why many carriers use it as a hiring signal.
But — and this is the point of this section — PSP is not required by 49 CFR 391.23. A carrier that never pulls a PSP report has not committed a regulatory violation. PSP is a voluntary screening tool, not a mandated step in the driver qualification process. Carriers choose to use it because inspection and crash history is predictive, not because the regulation forces them to. Treating PSP as optional-but- valuable, and the MVR and Clearinghouse query as mandatory, is the correct mental model.
The Drug and Alcohol Clearinghouse Query (49 CFR Part 382)
The FMCSA Commercial Driver's License Drug and Alcohol Clearinghouse is a federal database of drug-and- alcohol program violations, established under 49 CFR Part 382, Subpart G. It is a different system from the 391.23 inquiry and a different system from PSP. Employers must register, run a pre-employment full query before a driver performs a safety-sensitive function, and run a limited query at least once a year for every CDL driver.
The connection to the background check is the 2023 rule change: a pre-employment full Clearinghouse query now satisfies the drug-and-alcohol portion of the 391.23 safety performance history investigation for FMCSA-regulated employers. That is why the Clearinghouse and 391.23 get discussed together. But the Clearinghouse query is required in its own right under Part 382 — it is not optional, and it does not replace the MVR or the employment-verification and accident-history parts of the 391.23 investigation.
Clearinghouse query (Part 382)
- Federal database of drug & alcohol violations
- Pre-employment full query before safety-sensitive work
- Annual limited query for every CDL driver
- Satisfies the drug/alcohol part of the 391.23 inquiry
- Required — not optional
391.23 safety performance history
- Carrier-run investigation of prior DOT employers
- Covers the preceding 3 years
- Employment verification + accident data (390.15)
- Drug/alcohol portion now met by the Clearinghouse
- Required — document all contact efforts
Required vs Optional: The Hiring Cheat Sheet
Put it all together and the picture is simple. For every new CDL driver, the carrier must run the 391.23 inquiry (MVR from each licensing state plus the safety performance history investigation), within 30 days, and run a pre-employment Clearinghouse query — and file the records in the DQF. PSP is the strong optional add-on. The annual MVR and annual Clearinghouse limited query are the recurring obligations after hire.
Required for every new driver
- MVR from each state licensed in past 3 years (391.23(a)(1))
- Safety performance history investigation, prior 3 years (391.23)
- Pre-employment Clearinghouse full query (Part 382)
- Complete within 30 days and file in the DQF (391.51)
- Document good-faith efforts when employers don't respond
Optional or recurring
- PSP report — optional, but predictive of safety
- Annual MVR review at least every 12 months (391.25)
- Annual Clearinghouse limited query per CDL driver (Part 382)
- Criminal background checks — set by carrier policy, not 391.23
- Reference and gap-in-employment checks — carrier policy
The trap: doing the optional check and skipping a required one
The most common version of this mistake is a carrier that diligently pulls a PSP report — the optional check — but never documents the safety performance history investigation or misses the Clearinghouse query. An auditor does not give credit for the optional step. The MVR, the safety performance history investigation, and the Clearinghouse query are what the file must show.
Keeping the Proof: How FileFlo Helps
None of these checks help at audit time unless the carrier can prove they were done. FileFlo is the records-and-proof layer for the driver qualification file: it organizes the MVR, the documented safety performance history investigation, the Clearinghouse query result, and any PSP report in one place, and it tracks the recurring dates so the annual obligations do not slip.
How FileFlo Helps with the Driver Background File
- Organize every required record in the DQF: Store the pre-employment MVR, the documented safety performance history investigation, and the Clearinghouse query result together with the rest of the 391.51 file — so the proof is where an auditor looks.
- Track the annual MVR and annual query: Get automated alerts before the 391.25 annual MVR review and the annual Clearinghouse limited query come due, so the recurring obligations are not missed for any driver.
- Keep optional checks on file too: If your policy includes PSP reports or criminal checks, keep them filed alongside the required records so your whole hiring file is in one organized place.
- Audit-ready export: Export a complete driver qualification file — MVR, safety performance history, Clearinghouse query, and more — as an organized package when FMCSA reviews your records.
FileFlo is a compliance records and document-tracking platform. It organizes and tracks the records you obtain — it is not a background-check provider, an MVR or PSP data source, or the Drug and Alcohol Clearinghouse. You run those checks through the appropriate providers and FMCSA systems; FileFlo keeps the proof organized and the renewal dates tracked.
Key Takeaways
- The 391.23 inquiry is the required background check. It is an MVR from each state licensed in the past 3 years plus a safety performance history investigation of prior DOT employers — both within 30 days.
- The MVR is state-sourced and required; the PSP is FMCSA-sourced and optional. They show different data, and a clean PSP does not satisfy the MVR requirement.
- The Clearinghouse query is a separate Part 382 requirement. Since January 6, 2023, it satisfies the drug-and-alcohol part of the 391.23 investigation — but it is still required in its own right.
- PSP is the strong optional add-on. Useful and predictive, but skipping it is not a regulatory violation. Do not let it crowd out the required steps.
- The MVR has to be pulled again every year. The pre-employment MVR (391.23) and the annual MVR review (391.25) are two separate obligations — and the annual one is commonly missed.
DOT Driver Background Check: Frequently Asked Questions
Common questions about the 49 CFR 391.23 inquiry, PSP reports, MVRs, and the Drug and Alcohol Clearinghouse query.
Under 49 CFR 391.23, the legally required pre-employment inquiry has two mandatory parts: a motor vehicle record (MVR) from each state where the driver held a license in the preceding three years, and a safety performance history investigation of the driver's DOT-regulated employers for the preceding three years. Both must be completed within 30 days of the start of employment. Since January 6, 2023, a pre-employment Drug and Alcohol Clearinghouse query also satisfies the drug-and-alcohol portion of that investigation for FMCSA-regulated employers.
No. The Pre-Employment Screening Program (PSP) is an optional FMCSA tool, not a 49 CFR 391.23 requirement. PSP gives a carrier access to a driver's five-year crash history and three-year roadside inspection history from FMCSA's Motor Carrier Management Information System. Many carriers pull a PSP report because it is a strong predictor of future safety performance, but skipping PSP is not a regulatory violation. The MVR, the safety performance history investigation, and the Clearinghouse query are what the regulation actually requires.
An MVR (motor vehicle record) comes from a state driver licensing agency and shows the driver's license status, traffic convictions, and suspensions — and 49 CFR 391.23(a)(1) requires one from each state the driver was licensed in over the prior three years. A PSP report comes from FMCSA and shows federal roadside inspection results and crash data tied to the driver. The MVR is state-sourced and required; the PSP is FMCSA-sourced and optional. They show different data and neither replaces the other.
Not the same, but connected. The Clearinghouse is established under 49 CFR Part 382, Subpart G, and is a separate federal database of drug-and-alcohol program violations. Since January 6, 2023, running a pre-employment full Clearinghouse query satisfies the drug-and-alcohol portion of the 391.23 safety performance history investigation for FMCSA-regulated employers — so carriers no longer ask prior employers that specific question. The Clearinghouse query is required in addition to the MVR and the rest of the safety performance history investigation, not instead of them.
Under 49 CFR 391.23, the MVR inquiry and the safety performance history investigation must be completed within 30 days of the date the driver's employment begins, and the records must be placed in the driver qualification file. If a prior employer does not respond, the carrier must document its good-faith efforts to obtain the information. The MVR obtained under 391.23(a)(1) is a required driver qualification file document under 391.51(b)(2), which is why auditors look for it directly.
Yes, but that is a separate requirement from the pre-employment inquiry. The pre-employment MVR is required by 49 CFR 391.23. The annual MVR review is required by 49 CFR 391.25 — at least once every 12 months, a carrier must obtain a new MVR and a company official must review and document it. Both the pre-employment MVR and the annual MVR are required DQF documents. The annual MVR pull is one of the most commonly missed deadlines auditors cite.
Keep the Proof That You Ran Every Required Check
FileFlo organizes the MVR, the safety performance history investigation, and the Clearinghouse query result in each driver's qualification file — and tracks the annual MVR and limited-query deadlines so nothing slips. Stay audit-ready every day, not just when FMCSA calls.
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