MVR Compliance | Employer Compliance

Only Legitimate Companies are authorized to use our MVR Screening Services. By creating a Business Account and agreeing to our terms of use, You hereby agree to use these services in accordance with applicable law including a permissible use as specified by DPPA, FCRA and the GLBA and agree that failure to do so will be a breach of your agreement for this service. You are also certifying that the data returned to you will be used in accordance with all State and Federal laws. Laws applicable to use of this data include the Drivers’ Privacy Protection Act and related state laws (DPPA) and the Gramm-Leach-Bliley Act (GLBA) as well as Federal law (FCRA). The data regulated by the DPPA, FCRA and the GLBA may be used only for the specified permissible uses. Our services are FCRA and DOT Compliant. We do NOT provide personal Driving Records.

NOTICE: Our MVRs come directly from the State DMV and our PSP Records come directly from the FMCSA database – we do not maintain those records. If you believe the information may not be correct and can provide proof of the inaccuracy as well as a legible copy of the applicants driver license then we can dispute the information on your behalf directly with the respective agency. Send the request in writing with all applicable documents to [email protected].

MVR Report Compliance: Authorization forms from the driver must be kept on file for a period of 3 YR regardless if the applicant is hired.

MVRcheck.com MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. Industry Service Provider acknowledges and agrees that the services provided by MVRcheck are merely access and reporting services that are dependent upon the accuracy, completeness and integrity of government maintained databases and information. MVRcheck.com cannot and does not guarantee that the services will be uninterrupted or error free, or that the information provided will be accurate, complete or up to date. Accordingly, Industry Service Provider agrees that it uses the services at its own risk. The MVR database refers to information maintained by each respective states DMV. The PSP database refers to the information maintained by the FMCSA-DOT.

EMPLOYERS: As an employer (Per FCRA),  you may use consumer reports when you hire new employees, evaluate employees for promotion, reassignment, and retention.

Pursuant to the federal Fair Credit Reporting Act (the “FCRA”) the undersigned, on behalf of the commercial driver  I (the “Employer”), hereby certifies the following regarding each of the MVR & PSP program records (the “Records”) that Employer is requesting:

(1) The requested Records will be used for pre-employment screening purposes only.
(2) Prior to this request, Employer provided each Applicant a clear, separate and conspicuous written disclosure that the Employer is permitted to obtain the Records for employment purposes.
(3) Each Applicant has provided the Employer with written authorization permitting company to obtain a copy of the Applicant’s Records with PSP.

Notice to Employers/Insurers: If you intend to take adverse action as a result of this report, including but not limited to failure to hire or underwrite insurance, you must provide the subject of this report a copy of the report along with our contact information and a Summary of their Rights under the Fair Credit Reporting Act.

Adverse Action Process:

Before taking Adverse Action, the employer must provide the following information to the applicant: If an employer denies a job applicant, terminates an employee, rescinds a job offer, or denies a promotion based on the results of a driving record or drug test, it is considered an adverse action. Under federal law there are required steps that must be followed in order to be in compliance with the Fair Credit Reporting Act (FCRA). Adverse action reports can be processed directly from your online account.

Employer Must Provide the Following:

STEP 1: Pre-Adverse Action Letter – Provide the Pre-Adverse Letter, Copy of the MVR Report and a Copy of the FCRA Summary of Rights to the applicant. This information is sent prior to taking any action and employer should allow the applicant 5 business days to dispute the accuracy of what was reported. This information can be emailed or sent via mail with evidence of receipt. The applicant can go here to submit their request: MVR Dispute Request Form

STEP 2: Adverse Action Letter – this notice is sent after employer decides to take adverse action of not hiring the applicant.

The following needs to be included with the letter:

 The name, address, and phone number of the CRA (Consumer Reporting Agency) that furnished the report.
 A statement that the CRA did NOT decide to take the adverse action and is unable to provide the apllicant with specific reasons for the adverse action.
 A notice of a Consumer’s Rights to obtain a free copy of their MVR Report from the CRA within 60 days.

INSURERS: Insurance providers may use MVR consumer reports to underwrite insurance policies and to screen high-risk applicants per compliance with the Fair Credit Reporting Act (FCRA). An insurance agency that pulls an MVR only in conjunction with “the underwriting of insurance,” as prescribed in the FCRA, Section 604, does not need written permission to obtain the MVR. An agency that chooses to furnish MVRs to commercial insureds on their current or prospective employees may legally do so if agency follows all the requirements of a “consumer reporting agency” under the FCRA.

Consumer Reports provided by MVRcheck.com are for the sole and internal use of the Insurance Agency, and may not be resold, sub-licensed, delivered or displayed in any way or used by any third party. Insurance Agency certifies that it shall order, receive, disseminate and otherwise use the Consumer Reports in compliance with all applicable federal, state and local statutes, rules, codes and regulations. Insurance Agency agrees to indemnify and hold harmless MVRcheck.com from any and all damages, costs, judgments and expenses. Furthermore, Consumer Reports you obtain from us may not be used beyond the purpose for which they were ordered and cannot be sold or given to parties outside the ordering insurance company or insurance agency.

Release Forms

Find the required release forms on your Account Home Page.

Employer & Insurers FCRA Information


Background Checks

DPPA Guide

Employer Guide

FCRA Notice to Users

FCRA Overview

FCRA Summary of Rights

FMCSA Driver Rights

Insurers Guide

DISCLAIMER:

None of the information contained on this page or within this web site should be construed as legal advice. Because this page addresses privacy issues and the legalities of reviewing an employee’s driving record, it is recommended that employers seek legal council prior to implementing any policies indicated in this page or website. This page may not address policies and procedures that are specific to certain states and/or union groups. For additional information please contact your HR representative or view the Fair Credit Reporting Act (FCRA). Any forms, policies, information and procedures should be reviewed by your legal counsel and human resources manager before being used.