DOT drivers' applications asking for DOB

In all of my previous positions our applications did not ask for an employees date of birth. I believe this was to avoid the possibility of us being accused of age discrimination.

However, in my new position I have CDL A drivers that are subject to DOT regulations. The company's current application asks for their date of birth. I have searched and found other applcations for DOT that also ask for their age. But the applications for non-DOT positions do not ask for DOB.

I've tried the DOT web site and others but can't find anything on why the DOT applications ask for DOB.

Comments

  • 10 Comments sorted by Votes Date Added
  • We have some people here who are DOT experts.  I am not one of them.

     

    Can you tell me what the DOT age concern is?  That is, why does a DOT applicant's age come into play?

  • My ? is why do DOT applications ask for age. Is there something in DOT regulations that require us to ask?
  • We don't have DOT drivers but I think there are minimum age requirements for interstate trucking and transporting hazardous materials. And some trucking companies have even higher age requirements. This still doesn't explain asking for date of birth, since there is a more EEOC friendly way of asking if the applicant meets the minimum age requirements. Like you said maybe the DOT requires date of birth. I couldn't find anything in a quick search.

  • The DOT puts a great deal of responsibility on the employer to ensure the employees who are going to be operating commercial vehicles are in fact licensed to do so.  The date of birth on the DOT application is allowed because an individual must be at least 21 years of age to hold a CDL and operate a commercial vehicle.

    Here is the DOT reg that details the qualifications of a CDL holder. Qualification and disqualification of drivers 49CFR§391.11 General qualifications of drivers.

  • [quote user="mbaker01"]

    The DOT puts a great deal of responsibility on the employer to ensure the employees who are going to be operating commercial vehicles are in fact licensed to do so.  The date of birth on the DOT application is allowed because an individual must be at least 21 years of age to hold a CDL and operate a commercial vehicle.

    Here is the DOT reg that details the qualifications of a CDL holder. Qualification and disqualification of drivers 49CFR§391.11 General qualifications of drivers.

    [/quote]

     

    You could do that by asking the employee to certify that they are 21 or older without asking for their date of birth.

  • http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?chunkKey=0901633480079dcc

    The FMCSA has specific requirements of CDL-A applications for employment.  Above is a link to their requirements.   We typically addendum to our traditional application for CDL positions.

     

  • [quote user="TXHRGuy"][quote user="mbaker01"]

    The DOT puts a great deal of responsibility on the employer to ensure the employees who are going to be operating commercial vehicles are in fact licensed to do so.  The date of birth on the DOT application is allowed because an individual must be at least 21 years of age to hold a CDL and operate a commercial vehicle.

    Here is the DOT reg that details the qualifications of a CDL holder. Qualification and disqualification of drivers 49CFR§391.11 General qualifications of drivers.

    [/quote]

     

    You could do that by asking the employee to certify that they are 21 or older without asking for their date of birth.

    [/quote]

    Yes, for the sake of argument you could....but then you would be out of compliance with DOT regulations.

  • [quote user="mbaker01"][quote user="TXHRGuy"][quote user="mbaker01"]

    The DOT puts a great deal of responsibility on the employer to ensure the employees who are going to be operating commercial vehicles are in fact licensed to do so.  The date of birth on the DOT application is allowed because an individual must be at least 21 years of age to hold a CDL and operate a commercial vehicle.

    Here is the DOT reg that details the qualifications of a CDL holder. Qualification and disqualification of drivers 49CFR§391.11 General qualifications of drivers.

    [/quote]

     

    You could do that by asking the employee to certify that they are 21 or older without asking for their date of birth.

    [/quote]

    Yes, for the sake of argument you could....but then you would be out of compliance with DOT regulations.

    [/quote]

     I asked the reason for the age request, you replied that it was to ensure the person was 21.  As with most age things, simply asking if the person meets the age requirement is sufficient.  49 CFR 391.11(b)(1) merely requires that the person be 21.  Where in the regs does it say that the person has to provide their birthday?  I'm not saying there is no such regulation and I've hardly posed as a DOT expert (see earlier reply) but if we're going to get chapter and verse about it, please educate.

     

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?chunkKey=09016334800238ab

  • This is the link that states they must provide their birth date.

     http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?chunkKey=0901633480079dcc

    Thanks for everyones help.

     

    David

  • Thanks for the detail, David [:)]
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