Appendix C to Part 242 - Procedures for Obtaining and Evaluating Motor Vehicle Driving Record Data
49:4.1.1.1.36.8.137.1.105 : Appendix C
Appendix C to Part 242 - Procedures for Obtaining and Evaluating
Motor Vehicle Driving Record Data
The purpose of this appendix is to outline the procedures
available to individuals and railroads for complying with the
requirements of §§ 242.109 and 242.111 of this part. Those
provisions require that railroads consider the motor vehicle
driving record of each person prior to issuing him or her
certification or recertification as a conductor.
To fulfill that obligation, a railroad must review a
certification candidate's recent motor vehicle driving record.
Generally, that will be a single record on file with the state
agency that issued the candidate's current license. However, it can
include multiple records if the candidate has been issued a motor
vehicle driving license by more than one state agency or foreign
country.
Access to State Motor Vehicle Driving Record Data
The right of railroad workers, their employers, or prospective
employers to have access to a state motor vehicle licensing
agency's data concerning an individual's driving record is
controlled by state law. Although many states have mechanisms
through which employers and prospective employers such as railroads
can obtain such data, there are some states in which privacy
concerns make such access very difficult or impossible. Since
individuals generally are entitled to obtain access to driving
record data that will be relied on by a state motor vehicle
licensing agency when that agency is taking action concerning their
driving privileges, FRA places responsibility on individuals, who
want to serve as conductors to request that their current state
drivers licensing agency or agencies furnish such data directly to
the railroad considering certifying them as a conductor. Depending
on the procedures adopted by a particular state agency, this will
involve the candidate's either sending the state agency a brief
letter requesting such action or executing a state agency form that
accomplishes the same effect. It will normally involve payment of a
nominal fee established by the state agency for such a records
check. In rare instances, when a certification candidate has been
issued multiple licenses, it may require more than a single
request.
Once the railroad has obtained the motor vehicle driving
record(s), the railroad must afford the prospective conductor an
opportunity to review that record and respond in writing to its
contents in accordance with the provisions of § 242.401. The review
opportunity must occur before the railroad evaluates that record.
The railroad's required evaluation and subsequent decision making
must be done in compliance with the provisions of this part.