PSP Pre-Employment Screening Program: What Carriers Must Know (2026)
Quick Answer
No. The PSP Pre-Employment Screening Program is not a mandatory FMCSA requirement under 49 CFR Part 391. FMCSA recommends it and operates the PSP system, but carriers are not legally required to pull a PSP report before hiring. However, many commercial trucking insurance underwriters require carriers to pull PSP reports as a condition of coverage, and many large shippers and freight brokers require it as part of carrier qualification.
The FMCSA's Pre-Employment Screening Program gives carriers access to five years of a driver's roadside inspection history and three years of crash data before the first dispatch. This guide covers exactly what the PSP report shows, how to pull it correctly, what consent is required, how it compares to the MVR, and what goes in the driver qualification file — including the negligent entrustment exposure carriers face when they skip it.
5 years
Inspection history lookback
3 years
Crash history lookback
$10
Per report (carrier cost)
Written
Consent required before pull
In This Guide
What the PSP Report Shows (and What It Doesn't)
The Pre-Employment Screening Program (PSP) is operated by FMCSA at psp.fmcsa.dot.gov. It provides employers with access to a commercial driver's federal safety history — specifically, the data stored in FMCSA's Motor Carrier Management Information System (MCMIS). This is the same database that powers the CSA Safety Measurement System.
The PSP report is not a comprehensive background check. It has a very specific scope: federal roadside inspection records and FMCSA crash data. Understanding both what is and is not on a PSP report is critical to using it correctly in your pre-employment process.
What a PSP Report Includes
5 Years of Roadside Inspection Data
- Inspection date, state, and inspection type
- All violation codes cited during each inspection
- Violation descriptions (e.g., Hours of Service, driver fitness, vehicle defects)
- CSA severity weights for each violation
- Out-of-service orders issued to the driver
- Level of inspection (Level I through Level VI)
3 Years of Crash Data
- Crash date and state where crash occurred
- Crash severity (fatal, injury, tow-away)
- Whether the driver was cited in the crash report
- Type of crash (rear-end, lane change, etc.)
- Whether the driver was involved as commercial vehicle operator
- FMCSA reportable crash threshold: fatality, injury requiring treatment away from scene, or vehicle tow
What a PSP Report Does NOT Include
Critical Gaps in PSP Data
PSP vs. MVR: Why You Need Both
A common question from carriers is whether the PSP report replaces the MVR — or vice versa. The answer is neither replaces the other. They contain fundamentally different categories of information, and both are required at pre-employment under 49 CFR 391.23.
| Category | MVR (State DMV) | PSP Report (FMCSA) |
|---|---|---|
| Source | State DMV / licensing authority | FMCSA MCMIS federal database |
| License status | Yes — current class, endorsements, expiration | No |
| License suspensions / revocations | Yes | No |
| State traffic convictions | Yes — DUI, speeding, reckless driving | No |
| Federal roadside inspections | No | Yes — 5 years of violation records |
| Federal crash records | Some state overlap | Yes — 3 years of FMCSA-reportable crashes |
| Out-of-service orders | No (usually) | Yes — included in inspection records |
| CSA violation severity weights | No | Yes — same data that feeds CSA scores |
| Cost | Varies by state ($5–$25) | $10 per query |
| Pre-employment required? | Yes — 49 CFR 391.23 | Yes — 49 CFR 391.23(m) |
| Annual renewal required? | Yes — 49 CFR 391.25 (annual MVR review) | No minimum requirement (best practice: annual) |
The practical implication is straightforward: the MVR tells you whether the driver has a valid license and what violations show up in the state system. The PSP tells you what actually happened during roadside inspections — the federal enforcement record. A driver could have a clean MVR but a PSP full of HOS violations, vehicle defects, and out-of-service orders. Without both, you are getting an incomplete picture of the driver's federal commercial vehicle safety history.
Don't Forget the Clearinghouse
The complete pre-employment screening picture for a CDL driver requires three separate pulls: the MVR (from every state where the driver held a license in the past 3 years), the PSP report (from FMCSA), and a Clearinghouse full query (from the FMCSA Drug and Alcohol Clearinghouse). All three are required under 49 CFR 391.23. Each covers different ground. None is a substitute for the others.
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How to Pull a PSP Report: Step-by-Step
The PSP system is operated by FMCSA at psp.fmcsa.dot.gov. Carriers must register as an employer before pulling reports. The process is straightforward but requires several setup steps if you have not used PSP before.
Register Your Carrier Account at psp.fmcsa.dot.gov
Go to psp.fmcsa.dot.gov and create an employer account. You will need your DOT number, company information, and a valid payment method. Registration is free; you only pay $10 when you pull a report.
Obtain Written Consent from the Driver
Before you pull the report, you must have the driver's written consent on file. FMCSA provides a model consent form on the PSP website. The driver must sign the form acknowledging what data will be accessed and for what purpose.
Note: Do not pull the report before consent is signed and dated. Consent must precede the query.
Enter Driver Information and Submit Query
Log into the PSP portal and enter the driver's CDL number, state of issuance, date of birth, and name. Submit the query. FMCSA typically returns the report in real time or within a few minutes.
Download and Review the Report
Download the PDF report immediately. Review the inspection and crash records carefully. Look for out-of-service violations, high-severity violations, and crash patterns. Document your review findings.
File the Report and Consent Form in the DQF
Print or save the PSP report and retain it in the driver's qualification file along with the signed consent form. The consent form and the report should be kept together. Note the query date and the reviewer's name in the file.
Note: Retain for at least 3 years from date of hire.
Provide Adverse Action Notice If Required
If you decide not to hire the driver based in whole or in part on the PSP report, and you accessed the report through a third-party consumer reporting agency, FCRA may require you to provide a pre-adverse action notice, give the driver a copy of the report, and then issue a final adverse action notice. Consult legal counsel on FCRA obligations for your specific process.
Driver Consent Requirements Before You Pull
The consent requirement for PSP queries is established in 49 CFR Part 390, Appendix to Subpart D. It is not optional. A carrier that pulls a PSP report without prior written consent from the driver is in violation of federal regulations.
What the Consent Form Must Include
Required Elements
- Clear identification of what PSP data contains (inspection records, crash data)
- Statement that the employer will use the report for employment purposes
- Driver's name, CDL number, and state of issuance
- Driver's signature and date
- Carrier name and DOT number
- Statement of driver's rights regarding the information
Common Consent Mistakes
- Pulling the report before the consent form is signed
- Using a generic employment consent form that doesn't specifically mention PSP
- Not retaining the signed consent form in the DQF
- Sharing the PSP report with third parties without additional consent
- Using one consent form for multiple future queries
- Missing the date on the consent form — query date must be on or after consent date
FMCSA provides a model consent form that meets all regulatory requirements. You can download it at psp.fmcsa.dot.gov. Using the FMCSA model form is the safest approach — it eliminates the risk of an improperly drafted consent document. Many carriers incorporate the PSP consent form into their standard new hire paperwork packet so that it is collected alongside the employment application.
How to Read a PSP Report: Red Flags to Watch For
Knowing how to interpret a PSP report is as important as knowing how to pull one. The report shows raw inspection and crash data — it is your job as the hiring carrier to evaluate what that data means.
PSP Inspection Records: What to Look For
Multiple out-of-service violations
OOS violations mean the driver was found in a condition serious enough that inspectors placed them out of service on the spot. Pattern OOS violations suggest either intentional rule-breaking or inability to manage compliance.
Drug or alcohol violations in inspection records
If an inspector found evidence of impairment or the driver refused a test, it will appear in the PSP. This is distinct from Clearinghouse records — both should be checked.
HOS violations — multiple or severe
Repeated HOS violations suggest the driver or prior carrier was falsifying logs or ignoring hours limits. This is both a safety issue and a sign of overall compliance culture.
Frequent vehicle defect violations
Brake violations, lighting violations, and tire violations may indicate the driver operated vehicles without proper pre-trip inspection. Alternatively, they may reflect poor maintenance by a prior carrier — context matters.
Driver fitness violations
Violations related to CDL validity, medical certificate, or driver qualification. A pattern of fitness violations is a DQF risk indicator.
High CSA severity weights across multiple violations
PSP reports include CSA severity weights. High-weight violations (HOS, impairment, OOS) carry more risk than lower-weight administrative violations. Look at total severity, not just total violation count.
Was the driver cited in the crash?
PSP notes whether the driver received a citation. A driver cited at-fault in a fatal crash is very different from a driver who was rear-ended by another vehicle. Always ask the driver to explain crash records.
Pattern of rear-end crashes
Multiple rear-end incidents as the striking vehicle may indicate following too closely, distracted driving, or speed management issues — all significant safety risks.
Crash severity
PSP reports crash severity (fatal, injury, tow-away). Fatal crashes require significantly more scrutiny and documentation of your hiring decision process.
Context Matters: Always Ask the Driver
A PSP report is a starting point for evaluation, not a verdict. Vehicle defect violations may have been the result of a prior employer's poor maintenance program, not the driver's negligence. Crashes may have been attributable to another driver. Always give applicants an opportunity to explain PSP records before making a hiring decision — document both the record and the explanation in your hiring notes. This documentation protects you if you hire the driver and protects you from discrimination claims if you do not.
PSP and Negligent Entrustment Exposure
Even though PSP is not a mandatory FMCSA requirement, the decision not to use it carries legal risk that carriers frequently underestimate. That risk comes from the tort theory of negligent entrustment.
Negligent entrustment holds that a party who entrusts a dangerous instrumentality — like a commercial truck — to someone they know or should have known was incompetent or reckless may be liable for resulting harm. For trucking carriers, this means that if a driver causes an accident and a plaintiff's attorney can show the carrier failed to conduct available pre-employment screening that would have revealed the driver's dangerous history, the carrier's liability can extend well beyond simple vicarious liability.
The "Should Have Known" Standard
The key phrase in negligent entrustment is "should have known." Courts have held that the PSP system is publicly available, inexpensive, and operated by the federal agency that regulates motor carriers. A carrier that chose not to pull a $10 PSP report before dispatching a driver — a report that would have revealed a pattern of serious violations — faces a very difficult argument at trial that it exercised reasonable care in the hiring decision.
Direct Liability Multiplier
In cases involving negligent entrustment, punitive damages are often sought. Courts have awarded punitive damages that dwarfed the compensatory award when carriers were shown to have ignored available safety information.
Insurance Implications
Many commercial trucking insurers require PSP pulls as a policy condition. A claim arising from a driver whose PSP was never reviewed may trigger a coverage defense — leaving the carrier personally exposed.
Documentation Is Your Defense
If you pull the PSP, review it, ask the driver about concerning records, and document that process — you have a defense even if a later incident occurs. The absence of any PSP documentation is the real risk.
The Standard of Care Is Evolving
The industry standard for pre-employment screening has evolved since PSP launched. In 2009, PSP was a new and optional tool. By 2026, courts, insurers, and large shippers treat PSP as a baseline expectation. Carriers that cannot show PSP was pulled at pre-employment — and that the results were reviewed and documented — are at a disadvantage in any negligent hiring claim.
The $10 cost per driver is not the issue. The friction of building PSP into your onboarding workflow is the issue. FileFlo's DQF system makes PSP documentation a required step in the new driver onboarding checklist, so it cannot be skipped and the documentation is automatically filed in the driver's record.
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Storing PSP Reports in Your Driver Qualification File
PSP reports must be retained in the driver's qualification file. FMCSA specifies this requirement in 49 CFR 391.23(m): the pre-employment investigation records, including PSP, must be retained in the driver's DQF for the duration of employment and for three years after the driver leaves.
| Document | Required in DQF? | Retention Period | CFR Reference |
|---|---|---|---|
| PSP report (pre-employment) | Yes | 3 years from hire date | 391.23(m) / 391.51 |
| Driver's signed PSP consent form | Yes — consent must be on file | 3 years from hire date | 390 Appendix Subpart D |
| Notes documenting review of PSP results | Recommended | 3 years from hire date | Best practice |
| Adverse action documentation (if applicable) | Yes if FCRA applies | Per FCRA requirements | FCRA / 15 USC 1681 |
| Pre-employment MVR (all licensing states) | Yes | 3 years from hire date | 391.23(a) |
| Pre-employment drug test result | Yes | 3 years from hire date | 391.23 / Part 382 |
Electronic vs. Paper Retention
FMCSA accepts electronic DQFs. PSP reports are delivered as PDFs and can be stored digitally in a compliant document management system. Electronic storage is generally preferable because it enables faster retrieval during an audit, makes it easier to confirm documents are present, and reduces the risk of physical loss or damage.
Whatever system you use — paper or digital — the key requirement is that the complete DQF, including the PSP report and the signed consent form, can be produced promptly when an auditor requests it. "We have it somewhere" is not an acceptable response during a compliance review.
PSP Reports Are Confidential
PSP reports contain sensitive federal safety data. They should be treated as confidential employment records and stored in a secure location or secured digital system. Access should be limited to personnel with a legitimate need for the information — typically hiring managers and compliance staff. Sharing PSP data with unauthorized parties or using it for purposes other than employment screening may create additional liability.
How FileFlo Integrates PSP Data Into DQF Management
Managing PSP documentation across a fleet — ensuring every applicable driver has a PSP report on file, that the consent form is present, and that the report is retrievable during an audit — is an ongoing administrative discipline. FileFlo's DQF system makes PSP a built-in part of the driver onboarding workflow.
Onboarding Checklist Integration
FileFlo's new driver onboarding checklist includes PSP as a required pre-dispatch document. The checklist will not show the driver as complete until both the PSP report and the signed consent form are uploaded and filed.
Document Upload and Classification
Upload the PSP report PDF directly to the driver's file in FileFlo. It is automatically classified as a PSP document, timestamped, and linked to the driver's hire date. The consent form is stored alongside it.
Fleet-Wide PSP Status Dashboard
See at a glance which drivers have PSP reports on file and which are missing documentation. Drill down to any driver's file to see the report, the consent form, and when the query was run.
Audit-Ready Export
When generating a DQF audit packet for a driver, FileFlo includes the PSP report and consent form automatically. Every pre-employment document is bundled in a single exportable packet — no manual assembly.
FileFlo tracks all every FMCSA-required document for every driver and vehicle in your fleet. For pre-employment documents like the PSP report, MVR, pre-employment drug test, Clearinghouse query, and ELDT certification, FileFlo flags when any required document is missing for a driver. The dashboard shows you the complete compliance status of your entire fleet at a glance — so you know exactly where gaps exist before an auditor shows up.
At $299 per month flat — no per-driver fees — FileFlo eliminates the spreadsheet-based tracking that lets pre-employment documents slip through the cracks. Start a 5-day free trial with no credit card required and get your DQF system audit-ready in under an hour.
The Bottom Line on PSP
The PSP report is not technically required — but it is $10, it takes three minutes to pull, and it gives you five years of a driver's federal inspection history and three years of crash data that you cannot get anywhere else. The MVR does not show this data. The Clearinghouse does not show this data. Skipping PSP for cost or convenience reasons is not a defensible position when a claim arises and a plaintiff's attorney asks whether you reviewed the driver's FMCSA inspection record before putting them behind the wheel. Pull it. Document it. File it. That is the whole workflow.
DataQs Challenges: How Drivers Can Dispute PSP Records
PSP data is only as accurate as the underlying MCMIS inspection records. Inspection data is entered by state and federal enforcement officers immediately after a roadside inspection — and like any human-entered data system, it can contain errors. Violation codes can be entered incorrectly. Crashes can be attributed to the wrong driver. Inspection records from dismissed cases can remain in the system.
Drivers who believe their PSP report contains inaccurate data have the right to challenge it through the FMCSA DataQs system at dataqs.fmcsa.dot.gov. Carriers should understand this process because drivers may come to them with DataQs pending — and because a driver who is actively disputing a record is not the same as a driver who accepted the record.
The DataQs Challenge Process
File the Challenge
- Driver logs into dataqs.fmcsa.dot.gov
- Identifies the specific inspection or crash record to challenge
- Submits documentation supporting the challenge (court dismissal, adjudication records, accident report corrections)
- Challenge is routed to the inspecting state agency
State Agency Review
- The state that conducted the inspection reviews the challenge
- State may request additional documentation from the driver
- State has discretion to correct, delete, or uphold the record
- Timeline varies by state — typically 30 to 90 days
Record Correction
- If the challenge succeeds, the underlying MCMIS record is corrected or deleted
- Future PSP reports will reflect the corrected data
- PSP reports already issued with the old data are not automatically updated — a new report must be pulled
- Driver receives notification of the outcome through DataQs
If the Challenge Fails
- The state upholds the original record
- Driver can escalate to FMCSA headquarters in limited circumstances
- The record remains on future PSP reports
- Driver can add a rebuttal statement to FMCSA — this does not change the record but is noted
Carrier Guidance: Driver Has a Pending DataQs Challenge
If a driver informs you at pre-employment that they have a pending DataQs challenge on a concerning record, document the disclosure in your hiring notes. Note the specific record being challenged and the date the challenge was filed. If the challenge succeeds, pull a new PSP report and file it in the DQF alongside the original. This shows your hiring process was thorough and that you tracked the outcome of the dispute.
Building a Written Pre-Employment Screening Policy
Every carrier that uses PSP — and all carriers should — should have a written pre-employment screening policy. A written policy serves three purposes: it ensures consistency across all hiring decisions, it demonstrates due diligence to auditors and insurers, and it provides a defense framework in negligent entrustment litigation.
A complete pre-employment driver screening policy should cover:
Screening Sequence and Timing
Document which screening steps must be completed before first dispatch versus which must be completed within 30 days. The policy should specify that PSP, MVR, Clearinghouse full query, and pre-employment drug test are all required before first dispatch — no exceptions.
Consent Procedures
Specify which consent forms are collected (PSP consent, Clearinghouse consent, FCRA disclosure if applicable) and when they are collected in the onboarding workflow. The policy should state that no screening data is accessed before consent is obtained and documented.
Evaluation Standards
Define what PSP findings trigger automatic disqualification versus what findings require additional review and documentation. Many carriers set thresholds: for example, two or more out-of-service driver violations in the past 24 months is an automatic disqualification. Defined standards reduce hiring manager subjectivity and discrimination risk.
Documentation Requirements
Specify what must be filed in the DQF: the PSP report, the consent form, the hiring manager's review notes, and any adverse action documentation. The policy should set minimum documentation standards that apply to every hire.
Adverse Action Procedures
If a hiring decision is based in part on PSP data, the policy should specify the adverse action process — pre-adverse notice, waiting period, final adverse notice — and who is responsible for executing it. This is particularly important if you use third-party vendors for screening.
Record Retention
Specify retention periods for all pre-employment screening documents: PSP report (3 years from hire), consent forms (3 years from hire), review notes (3 years from hire), and adverse action documentation (5 years per FCRA for applicants not hired).
A written policy does not need to be long. A one-to-two page document that clearly defines your process, your evaluation standards, and your documentation requirements is sufficient. The key is that it exists, it is followed consistently, and it is available for review if your hiring decisions are ever challenged.
PSP in Context: The Complete Pre-Employment Document Package
PSP is one component of a multi-document pre-employment process. Carriers that focus only on PSP may overlook other required documents. Here is the complete pre-employment documentation package that every CDL driver's DQF must contain before first dispatch:
| Document | Required By | Timing | Mandatory? |
|---|---|---|---|
| DOT Employment Application | 49 CFR 391.21 | Before first dispatch | Yes |
| Pre-employment MVR (all states, past 3 years) | 49 CFR 391.23(a) | Before first dispatch | Yes |
| PSP Report | 49 CFR 391.23(m) | Before first dispatch | Yes (required to be requested) |
| Clearinghouse Pre-Employment Full Query | 49 CFR 382.701 | Before first dispatch | Yes |
| Negative Pre-Employment Drug Test | 49 CFR Part 382 | Before first dispatch | Yes |
| CDL Copy (current, with endorsements) | 49 CFR 391.21 | Before first dispatch | Yes |
| CDL Medical Examiner's Certificate | 49 CFR 391.41 | Before first dispatch | Yes |
| Road Test Certificate or CDL Equivalent | 49 CFR 391.31/33 | Before first dispatch | Yes |
| ELDT Completion Documentation (if applicable) | 49 CFR Part 380 | Before first dispatch | Yes (post-Feb 2022 hires) |
| Previous Employer Safety Inquiry (3 years) | 49 CFR 391.23(d) | Within 30 days of hire | Yes |
| Annual Driver Certification of Violations | 49 CFR 391.27 | Within 30 days of hire | Yes |
Managing this documentation workflow manually across multiple drivers is where errors occur. A new hire gets dispatched before the Clearinghouse query comes back. The PSP consent form is signed but the report is never pulled. The previous employer safety inquiry letters are sent but the responses — or documented non-responses — never make it into the file.
FileFlo's onboarding checklist enforces this sequence. Every document in the pre-employment package is a required step. The driver's file cannot be marked complete until each item is uploaded, and any missing document appears as an open item in the compliance dashboard. This is the only reliable way to ensure nothing slips through at hire — before an auditor or plaintiff's attorney finds the gap for you.
PSP Pre-Employment Screening FAQs
Answers to the most common questions about the FMCSA Pre-Employment Screening Program, driver consent, and DQF documentation.
No. The PSP Pre-Employment Screening Program is not a mandatory FMCSA requirement under 49 CFR Part 391. FMCSA recommends it and operates the PSP system, but carriers are not legally required to pull a PSP report before hiring. However, many commercial trucking insurance underwriters require carriers to pull PSP reports as a condition of coverage, and many large shippers and freight brokers require it as part of carrier qualification. Additionally, failure to use available safety screening tools like PSP can support a negligent entrustment claim if a driver causes an accident. Most compliance professionals treat PSP as a de facto requirement even though it is technically optional.
A PSP report shows two categories of data from FMCSA's Motor Carrier Management Information System (MCMIS): (1) five years of roadside inspection data, including all violations cited during federal and state roadside inspections, violation codes, inspection dates, and violation severity weights; and (2) three years of crash data, including crash dates, crash type, severity indicators, and whether the driver was cited. It does not show state MVR data, non-DOT accidents, citations that were resolved without conviction, or criminal history. PSP data is the same underlying data that feeds a driver's CSA Safety Measurement System profile.
Carriers pay $10 per PSP report query through the FMCSA PSP system at psp.fmcsa.dot.gov. Drivers can obtain their own PSP report at no cost — FMCSA provides free access for drivers who want to review their own record. The $10 per-query cost applies to employer/carrier queries. Some third-party background check vendors integrate PSP data and may charge differently, but the underlying FMCSA PSP query cost is $10.
Yes. Under 49 CFR Part 390, Appendix to Subpart D, carriers must obtain written consent from the driver before accessing their PSP report. The consent must be provided on a form that meets FMCSA's requirements — it must clearly disclose what the PSP report contains, that the carrier will use it for employment purposes, and what rights the driver has regarding the information. FMCSA provides a model consent form at psp.fmcsa.dot.gov. Pulling a PSP report without proper written consent is a violation.
Yes. PSP data comes from the FMCSA MCMIS database. If a driver believes a roadside inspection record or crash record is incorrect — for example, a violation was dismissed at adjudication or a crash was incorrectly attributed to the driver — they can file a DataQs challenge through the FMCSA DataQs system at dataqs.fmcsa.dot.gov. DataQs is FMCSA's formal data correction process. Successful DataQs challenges remove or correct the underlying MCMIS record, which then changes what appears on future PSP reports.
Potentially yes. The Fair Credit Reporting Act (FCRA) governs consumer reports used for employment purposes. Whether FCRA applies to PSP reports depends on whether the carrier uses the PSP data directly from FMCSA or through a third-party consumer reporting agency. If a carrier accesses PSP data through a third-party background check vendor that compiles reports for employment purposes, FCRA likely applies — including requirements for a pre-adverse action notice, an adverse action notice, and providing the driver with a copy of the report and their rights. Carriers should consult legal counsel on FCRA applicability to their specific PSP process.
FMCSA does not specify a separate retention period for PSP reports. The general guidance, consistent with DQF document retention under 49 CFR 391.51, is to retain the PSP report for at least three years from the date of hire or from the date of the query, whichever is longer. Many carriers retain PSP reports for the life of employment plus three years, matching the standard DQF retention schedule. The PSP report is a pre-employment screening document and should remain in the driver's DQF for the full retention period.
An MVR (Motor Vehicle Record) is pulled from the state DMV and contains state-level license information, driving history, and traffic conviction records. An MVR shows license class, endorsements, suspensions, revocations, and state traffic convictions. A PSP report is pulled from the FMCSA federal database and contains federal roadside inspection data and FMCSA crash records. The MVR shows what happened in state courts and licensing; the PSP shows what happened during commercial vehicle roadside inspections. Both are required at pre-employment under 49 CFR 391.23. They complement each other and neither is a substitute for the other.
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