Minnesota Department of Transportation

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MnDOT Policies

Driver's License and Record Check Procedures

For Driver's License and Record Check Policy #WF015

Effective Date: September 30, 2024

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Introduction

This document is the technical companion to the Minnesota Department of Transportation’s (MnDOT’s) Driver’s License and Record Check Policy. It provides the procedures for driver’s license and record checks for job finalists and employees.

Definitions

Active, Valid, and Applicable License

A current driver’s license issued and used according to the laws of the state of issuance.

Alcohol or Drug Related Driving Offense

A violation of Minnesota Statutes §169A, “Driving While Impaired” and Minnesota Statutes §169A.52, “Test Refusal or Failure: License Revocation.”

Commercial Driver’s License (CDL)

CFR 49, §383.5, “A driver is required to obtain a CDL to operate any of the following vehicles used in commerce to transport passengers or property if the motor vehicle:

  • Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
  • Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
  • Is designed to transport 16 or more passengers, including the driver; or
  • Is of any size and is used in the transportation of hazardous materials as defined under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.”

Driver’s License Record (DLR)

The historical record maintained on each driver by the Minnesota Department of Public Safety (DPS), Driver and Vehicle Services division. This includes comparable records from searches of other states’ driver’s license records. Records include traffic violations and revocations and suspensions of driver’s licenses.

Driving on State Business

Operating a state or personal vehicle while engaged in official duties or responsibilities on behalf of MnDOT.

Note: Commuting is not considered driving on state business. (See the Motor Vehicle Section of the MnDOT Business Manual for additional information about commuting.)

Finalist(s)

The person or persons under final consideration in the selection process.

Loss of Driver’s License

Expiration, suspension, revocation, cancellation, disqualification, loss of endorsement(s), or restriction of a driver’s license that preclude an employee from performing the essential function(s) of their job.

Major Traffic Violations

Traffic violations which include, but are not limited to, driving while impaired by alcohol/controlled substances, reckless or careless driving, attempting to elude the police, leaving the scene of an accident, and driving while license is suspended/revoked/canceled.

State Vehicle

An automobile, truck, or other equipment that is the property of the state (owned, leased, rented by, or loaned to the state) and requires the operator to have an active, valid, and applicable driver’s license.

Driver’s License and Record Check Procedures

  1. Applicants and job finalists must complete and email the Driver's License Review Authorization Form allowing MnDOT to obtain the individual’s driver’s license record. Once an applicant or job finalist becomes an employee, they must complete the Driver’s License Vehicle Use Agreement in Employee Self Service.
  2. Current employees who drive on state business must complete the Driver’s License Vehicle Use Agreement in Employee Self Service.
  3. Human Resources/Labor Relations works with the Minnesota Department of Administration – Risk Management Division vendor to perform a driver’s license and record check. The vendor verifies that the license is active, valid, and applicable and assesses the risk level of the individual’s driver’s license record. Each driver’s license record is graded, scored, and categorized as Satisfactory, Probationary, or High Risk and the results are returned to Human Resources/Labor Relations.
  4. Human Resources/Labor Relations evaluates the risk level and determines the next steps to take.

Job Finalists

Prior to hiring an individual for a position which includes driving as a minimum qualification or essential function, MnDOT must verify that the individual has an active, valid, and applicable driver’s license. Any job offer for such a position must be made contingent upon successful completion of a driver’s license and record check.

Employees (Driving is Essential Function of Position)

Annual Check

At least annually, agencies must verify that employees whose positions require driving as a minimum qualification or as an essential job function have an active, valid, and applicable driver’s license. Additionally, for Commercial Driver’s License (CDL) drivers, the agency must run an annual query through the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse (Clearinghouse) to identify whether the employee is prohibited from driving a commercial motor vehicle.

Other Loss or Restriction of License (Not Annual Check)

  1. At any time throughout the year, if an employee has or is alleged to have lost their license or has or is alleged to have restrictions placed on their license, Human Resources/Labor Relations consults with Central Office (CO) Labor Relations to gather facts related to the incident or the loss/restriction of the license.
  2. CO Labor Relations determines whether a Driver’s License and Record (DLR) Check through the Minnesota Department of Administration – Risk Management Division vendor is warranted and, if so, requests the DLR check.
  3. The employee may be placed on investigatory leave while the investigation is conducted. Employees may not use vacation time or a personal leave of absence in lieu of investigatory leave (however, employees with vacation time already approved may generally still use their vacation time). Employees may NOT be assigned non-driving duties in lieu of investigatory leave.
Corrective Action

Following completion of an investigation, the appropriate corrective action is determined through a discipline decision-making meeting facilitated by Human Resources/Labor Relations.

Examples of corrective action include:

  • Counseling the driver
  • Obtaining driver’s license and record checks on a more frequent basis
  • Periodic ride-alongs to observe driving behavior
  • Additional training
  • Discipline up to an including discharge
Mandatory Discharge
  • If the facts substantiate that an alcohol or drug related driver’s license loss or restriction was incurred while driving a state or personal vehicle on state business, the employee must be discharged.
  • If the facts substantiate that an alcohol or drug related driver’s license loss or restriction was incurred while driving a personal vehicle on personal time and the loss or restriction renders the employee not qualified for their position, the employee must be discharged.
  • If the facts substantiate that an employee has a non-alcohol or non-drug related driver’s license loss or restriction and the loss or restriction renders the employee not qualified for their position, the employee must be discharged.
Rehire

Human Resources/Labor Relations must consult with CO Labor Relations before rehiring a former employee following the loss of a driver’s license.

Employees (Driving is Not an Essential Function of Position)

Initial Driver’s License and Record Check

Before driving on state business, whether in a personal vehicle or state vehicle, the employee must pass a Driver’s License and Record Check. It is the employee’s responsibility to complete the Driver’s License Review Authorization, including uploading completing the Driver’s License Vehicle Use Agreement in Employee Self Service, at least 7 calendar days before the need to drive on state business. Supervisors must confirm that an employee has passed a Driver’s License and Record Check before authorizing an employee to take a vehicle home under the MnDOT Policy on Taking a Vehicle Home.

Annual Check

At least annually, agencies must verify that employees driving on state business have an active, valid, and applicable driver’s license. All employees who have previously submitted a Driver’s License Review Authorization will be subject to an Annual Check.

To be removed from the annual driver’s license check, the employee must inform CO Labor Relations, in writing, that they no longer drive on state business (email colaborrelationsteam.dot@state.mn.us).

Other Loss or Restriction of License

Employees must inform their manager or supervisor of any loss or restriction of license. An employee who violates the provisions of the Driver’s License and Record Review Policy, including driving on state business without a license or failing to notify their manager/supervisor of the loss or restriction of license, may be subject to discipline up to and including discharge.

Management, in consultation with Human Resources/Labor Relations, will determine whether the employee may drive on state business following a restriction of license, and if so, what driving corrective actions are needed. If the employee does not have a license or if they have a restriction on their license that prevents them from driving on state business, the manager/supervisor will inform the employee that they are not allowed to drive on state business.

Travel Reimbursement

If an employee may not drive on state business, but the employee is required to travel to perform an essential function of their job (such as, attending an in-person, off-site, meeting or training), consult the applicable collective bargaining agreement or compensation plan and the MnDOT Business Manual for information regarding potential reimbursements.

Employee Reporting Requirements

Employees who drive on state business must inform their supervisor no later than the beginning of their next work shift of any loss of driver’s license or status change affecting their driver’s license. This includes but is not limited to suspension, revocation, cancellation, disqualification, expiration, or any license restrictions. Employees who fail to do so may be subject to disciplinary action, up to and including discharge.