Find A Driver Form

Lawsuit Against a Trucking Company. Part 2

This is the continuation of part 1.  It starts to heat up in post 2. We have a new shocking revelation.  Read on:

22             Q. Sir, I’m going to hand you what's been marked as

23      Defendants' — excuse me, Plaintiffs Exhibit 1, and can you

24      tell me if that is the personnel file or the driver

25      qualification file?

Page 7

1             A. It looks like a combination of both. It has his

2       W-4 and wages and wage assignment. It looks like it's

3       combined.

4              Q. Is that file kept in the ordinary course of

5       business at Skyways Delivery?

6              A. Yes.

7              Q. Who is the person charged with maintaining that

8       file at that business?

9              A. Currently, it's Stephanie Molly.

10             Q. And who was responsible for keeping that file in

11      the year 2000?

12             A. Jean Hicks.

13             Q. And is that a true and correct copy of both the

14      personnel file and the driver qualification file for Mr.

15      Bennington that was kept at Sky Ways Transportation?

16             A. Yes.

17             Q. And is that a copy of the entire file?

18             A. Yes.

19             Q. Now, who was it that hired Mr. Bennington?

20              A. Mike Robinson.

21              Q. And that's your father?

22              A. Uncle.

23              Q. Your uncle. And what was his job there then?

24              A. Owner/vice president.

25              Q. Who are the other owners?

Page 8

1            A. Mike  Robinson, Larry Robinson, Joe Robinson; and at the time,

2      that was it.

3             Q. Do your records indicate whether you did any

4      background checks on Mr. Bennington at the time you hired him?

5            A. Yes.

6             Q. Okay. What background check did you do on him?

7             A. Motor vehicle, his driving record, and we pulled

8      his motor vehicle report. We have a statement of his

9      violations within the previous year.

10            Q. Is there any information in that driver's

11     qualification file from previous employers?

12            A. There is a list of previous employers.

13            Q. And did you make any inquiry with them as to Mr.

14     Bennington's character or qualifications as a driver?

15            A. I do not see a written record of that.

16            Q. Do you know if that's one of the requirements of

17     the federal motor carrier safety regulations?

118 A. Three years prior is required.

19            Q. And can you tell me from that file what efforts

20      were made to inquire for the three years prior regarding Mr.

21      Bennington at the time you hired him?

22            A. I don't see any written documentation.

23            Q. When did you first learn that Mr. Bennington was a

24      convicted methamphetamine dealer?

25            A. Yesterday.

Part 3 is coming soon.

FMCSA Compliance Now Requires a CDLIS MVR

FMCSA Compliance Now Requires a CDLIS MVR

FMCSA will now be looking for MVR (Motor Vehicle Reports) from the CDLIS (Commercial Driver License Data Base)in the driver qualification file. The CDLIS is the complete driving record from all states where the driver was previously licensed in the past 10 years. In the past, we only had to have an MVR from the driver's home state.

The CDLIS MVR contains the DOT Medical Card information for the driver.

To Order a report from the State of Colorado call 303-205-5823.

Online orders coming soon. Please ask about online ordering with each phone call.

DRIVERS MUST STILL KEEP A COPY OF THEIR DOT MEDICAL CARD AT ALL TIMES.

Important dates: May 21, 2014; all medical certificates issued on or after this date must be issued by examiners on the National Registry.

Important websites: nationalregistry.fmcsa.dot.gov - where doctors need to go to get registered.

DOT Medical Frequently Asked Questions