§508 Safety Performance History of New Drivers; Limitation on Liability

Summary

Protects motor carriers, people who give safety performance records, and their agents and insurers from lawsuits for defamation, invasion of privacy, or interfering with a contract when they share or use safety performance records under the Secretary’s rules. That protection only applies if the carrier follows the rules: the driver must be allowed a fair chance to see and comment on the records; the records must be kept private except to an insurer directly involved in the hiring decision; and the records may be used only to judge the driver’s safety for hiring. People who send records must also make sure the records are accurate, follow the Secretary’s rules (including letting the driver review and comment), and protect the records from improper disclosure. The protection does not cover anyone who knowingly gives false information. States may not make laws that block or punish sharing or using these records under the Secretary’s rules. An employer does not need a person’s written permission to get that person’s motor vehicle driving record when considering them for a job with a motor carrier.