Petition to the Federal Motor Carrier Safety Administration (FMCSA)

Request for Revision of Rule Regarding the Reporting of Warning Violations on the Driver’s Pre-Employment Screening Program (PSP)

We, the undersigned, are writing to petition the Federal Motor Carrier Safety Administration (FMCSA) to revise the current regulation that requires the reporting of violations resulting in warnings on a driver’s Pre-Employment Screening Program (PSP) record. We believe that the current system is unjustly penalizing professional drivers for violations that are beyond their control and does not fairly reflect the intent behind the issuance of warnings.

Background:

Under the current rules, any violation—whether resulting in a ticket or a warning—can be reported and remain on a driver’s PSP record for up to three years (with certain offenses, like driving under the influence, remaining for 10 years). This policy does not take into account the intent behind warnings or the fact that, in many cases, a warning is issued as a way for an officer to give the driver a break, acknowledging that the violation was not necessarily a result of the driver’s actions but rather due to circumstances outside their control.

Many professional drivers are placed in difficult positions by their employers, especially in cases involving vehicle maintenance. A driver may repeatedly inform their trucking company about maintenance issues that could lead to violations (such as malfunctioning equipment, brakes, or lights), but ultimately has no authority to compel the employer to fix the issue. When a violation occurs and the officer issues a warning, the driver is placed in a position where they face an unjust negative mark on their record—even though they may not be at fault.

Issues with the Current Rule:

 1. Unfair Impact on Good Drivers: The current system treats violations resulting in warnings the same as violations resulting in tickets, leading to the unfair penalization of drivers who may not be at fault for the issues that led to the violation.

 2. Disproportionate Consequences for Warnings: When warnings are placed on a driver’s PSP record, it has the same long-term impact as a ticketed violation. This significantly harms the driver’s ability to secure future employment, as many companies view any violation—whether a warning or ticket—as a red flag.

 3. Conflict of Interests: Drivers face a difficult choice when their employer refuses to maintain equipment properly: should they risk their income and livelihood to report the issue and quit, or should they continue working with the hope that their employer will eventually address the problem? In either case, a warning or ticket placed on their record can hinder their ability to maintain employment or find new work.

 4. Bias in the System: In contrast to the reporting practices for commercial drivers, violations that result in warnings for non-commercial drivers do not appear on their Motor Vehicle Record (MVR). This creates a system where commercial drivers are disproportionately impacted for circumstances beyond their control, while non-commercial drivers do not face similar consequences.

Our Request:

We respectfully request that FMCSA revise the current regulation to ensure that only violations that result in a ticket with a court date are reported and remain on a driver’s PSP record. This change would:

 • Ensure fair treatment for professional drivers who may face violations due to circumstances outside their control, such as vehicle maintenance issues, but are still held accountable for them through warnings.

 • Preserve the intent of warnings as an opportunity for officers to give drivers a break, without penalizing them with long-term damage to their employment prospects.

 • Provide a more equitable system that better aligns with the reporting practices for non-commercial drivers, where warnings do not affect their driving record or employment opportunities.

We believe that this change would lead to a more just and balanced system that encourages good driving behavior while recognizing the realities that drivers face on the job. We urge the FMCSA to act swiftly to revise the rule and address this critical issue for the thousands of professional drivers who rely on their PSP records to secure employment and support their families.

Thank you for your attention to this matter. We look forward to your consideration of our request.

 

Sincerely,

Joshua Randle

1245 E Parker St

Lakeland, FL 33801

Mrjrandle87@Gmail.com