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DOT drug testing records, driver files and AI data licensing

Why trucking companies must keep DOT test results and driver qualification files out of any AI data license.

Last updated 2 sources cited1 min read

Short answer: Keep them out. DOT rules bar releasing individual drug and alcohol test results or medical information to third parties without the employee's specific written consent, and blanket releases don't count. Driver qualification files are personnel records kept for the length of employment plus three years.

On this page
  1. Drug and alcohol testing
  2. Driver qualification files
  3. What trucking firms can license
  4. Frequently asked questions
  5. Sources

Drug and alcohol testing

Employers and service agents are 'prohibited from releasing individual test results or medical information about an employee to third parties without the employee's specific written consent.' Consent must name a particular piece of information, recipient and time; 'blanket releases' are prohibited (49 CFR 40.321).

Driver qualification files

Each driver's qualification file 'shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter' (49 CFR 391.51). They hold personal and medical-certificate information.

What trucking firms can license

  • Dispatch and load workflows with driver identities removed.
  • Customer service and exception handling.
  • Billing and settlement processes.
  • Safety-program procedures (not individual records).

This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.

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Frequently asked questions

Can ELD data be licensed?

Logs tie to identified drivers. Treat them as personal data and ask counsel.

Are aggregate safety stats okay?

Aggregates without individuals are lower risk, but check what your consortium or TPA agreements say.

Sources

  1. 49 CFR § 40.321, Confidentiality of DOT drug and alcohol test information (Cornell LII)law.cornell.edu
  2. 49 CFR § 391.51, Driver qualification files (Cornell LII)law.cornell.edu

Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.

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