You bought a second truck. Now you need a driver.
You post on Indeed: "Hiring experienced CDL driver, $1,400/week, great opportunity!"
You get 47 applications. 38 have accidents or tickets. 6 never show up for the interview. 2 seem perfect, start the job, and quit after two weeks.
Welcome to the hardest part of becoming a fleet owner.
Here's how to legally hire a driver, what you're required to document, how to screen applicants, what pay structure works best, and how to avoid the mistakes that cost new fleet owners thousands.
Legal Requirements for Hiring a CDL Driver
Before you hire anyone, you need to follow FMCSA regulations. Skip these steps and you face fines, liability, and insurance denial.
1. Driver Qualification File (DQF)
Every driver you hire must have a Driver Qualification File containing specific documents.
Required documents in DQF:
- Application for employment
- CDL verification (from state DMV or FMCSA system)
- Motor Vehicle Record (MVR) from current licensing state
- Road test certificate OR commercial driver's license
- Medical examiner's certificate (current DOT physical)
- Annual review of driving record
- Inquiry to previous employers (3 years employment history)
CRITICAL: Self-employed owner-operators must also maintain a DQF to ensure their own compliance, even if they're not hiring anyone else.
2. CDL Verification
What you must do:
- Verify CDL through state DMV or FMCSA systems (not just a photocopy)
- Obtain CDLIS MVR (Commercial Driver's License Information System Motor Vehicle Record) from the driver's current licensing state
- Check for suspensions, restrictions, or endorsements
- Place verification in DQF
Do NOT just accept a photo of their CDL. Verify it's active and valid through official channels.
3. Employment History Verification (Previous 3 Years)
You must investigate, document, and retain each driver's previous employment safety performance history for the three years immediately prior to joining your company.
What to request from previous employers:
- Dates of employment
- Reason for leaving
- Accidents during employment
- Drug/alcohol test violations
- License suspensions or violations
How to do this:
- Send written request to previous employers (email or fax)
- Keep records of responses (or lack of response)
- Document attempts to contact employers
Timeline: You have 30 days from hire date to complete employment verification.
4. DOT Medical Certificate
Every driver must have a current DOT medical card from a medical examiner listed on the National Registry of Certified Medical Examiners.
Expiration tracking:
- Most medical cards expire after 24 months
- Some drivers (health conditions) get 12-month or 3-month cards
- You are responsible for ensuring driver's medical card doesn't expire
If driver's medical card expires while employed, they cannot drive until renewed.
5. Drug Testing Requirements
Pre-employment drug test:
- Required before driver operates CMV for the first time
- Must use DOT-approved testing facility
- Test for marijuana, cocaine, amphetamines, opioids, PCP
Ongoing testing:
- Random testing (50% of drivers annually for drugs, 10% for alcohol)
- Post-accident testing
- Reasonable suspicion testing
- Return-to-duty testing (if previous violation)
Drug Testing Clearinghouse:
- You must query the FMCSA Clearinghouse before hiring
- Annual query for all active drivers
- Reports any drug/alcohol violations from previous employers
Costs:
- Pre-employment test: $40-$75
- Clearinghouse query: $1.25 per driver
- Random testing program: $200-$500/year per driver
6. Annual MVR Review
You must pull each driver's Motor Vehicle Record annually and review it.
What you're checking:
- New accidents or violations
- License suspensions
- Out-of-service violations
- CSA points
Cost: $10-$25 per MVR per state
How to Find Driver Applicants
Where to Post Jobs
Free options:
- Indeed.com
- Craigslist (trucking jobs section)
- Facebook Marketplace jobs
- Local trucking Facebook groups
- TruckersReport.com forums
Paid options:
- CDL Job Network ($50-$150/month)
- TruckDriverJobs.com
- SimplyHired (sponsored posts)
Word of mouth:
- Ask other owner operators
- Truck stops (bulletin boards)
- CDL schools (recent graduates)
What to Include in Your Job Post
Bad job post (vague): "Hiring CDL-A driver. Good pay. Call 555-1234."
Good job post (specific):
Owner Operator Hiring Class A CDL Driver - [Your City/Region]
Equipment: 2023 Freightliner Cascadia, automatic, well-maintained
Freight: Dry van, mostly Midwest regional (home weekly)
Pay: 30% of gross revenue ($1,400-$1,800/week average)
Requirements: 2+ years OTR experience, clean MVR
What we provide:
- Fuel paid by company
- Tolls/scales reimbursed
- Weekly pay (direct deposit)
- Well-maintained equipment
Requirements:
- Class A CDL
- 2+ years verifiable OTR experience
- Clean MVR (no major violations in last 3 years)
- Pass DOT physical and drug test
Contact: [Your name], (555) 555-1234, email@example.com
Why this works:
- Specific equipment (drivers want to know what they're driving)
- Clear pay structure
- Realistic weekly pay range
- Requirements spelled out
- What you provide vs what you require
Screening and Vetting Process
Step 1: Phone Screen (10 minutes)
Before you waste time on an in-person interview, screen by phone.
Questions to ask:
-
"How many years of CDL experience do you have?"
- Looking for: 2+ years minimum
-
"What types of freight have you hauled?"
- Looking for: Experience relevant to your operation
-
"Do you have any accidents or violations in the last 3 years?"
- Red flags: Multiple accidents, DUI, serious violations
-
"Why are you looking for a new job?"
- Red flags: "My last boss was unfair" (every previous employer), "I haven't worked in 6 months" (why?)
-
"What's your expected weekly pay?"
- Looking for: Realistic expectations
Phone screen red flags:
- Can't clearly explain work history
- Blames previous employers
- Unrealistic pay expectations ($3,000/week for regional work)
- Hasn't worked in 6+ months with no explanation
- Doesn't ask ANY questions about the job
Step 2: Application and MVR Pull
Driver application:
- Use DOT-compliant application form
- Capture 3 years of employment history
- Ask about accidents and violations
- Require signature authorizing background checks
Pull MVR before interview:
- Cost: $10-$25
- Saves time (don't interview drivers with bad MVRs)
MVR red flags:
- 3+ moving violations in last 3 years
- Any DUI or reckless driving
- License suspension in last 5 years
- Multiple at-fault accidents
- Recent CDL downgrade
Step 3: In-Person Interview
What to ask:
Experience verification:
- "Walk me through your last 3 jobs. What equipment did you run? What freight?"
- "Describe a difficult situation you had on the road. How did you handle it?"
Safety and compliance:
- "Have you ever been placed out of service? For what?"
- "Tell me about an accident or close call. What happened?"
- "How do you handle HOS when you're running short on hours?"
Work ethic:
- "What's your typical routine when you start your day?"
- "How do you handle truck breakdowns or delays?"
Pay and expectations:
- "What do you expect to earn weekly?"
- "How often do you need to be home?"
Interview red flags:
- Can't explain gaps in employment
- Vague answers about previous jobs ("I just drove")
- Blames customers, dispatchers, or equipment for everything
- No questions about equipment maintenance, support, or pay schedule
- Arrives late to interview without calling
Step 4: Reference Checks
Call previous employers (at least 2 from last 3 years).
Questions for previous employers:
- "Dates of employment?"
- "Was driver reliable? On time?"
- "Any accidents while employed?"
- "Any safety violations or complaints?"
- "Why did driver leave?"
- "Would you rehire this driver?"
Red flags from references:
- Previous employer won't give reference (bad sign)
- "He left before we could fire him"
- "Equipment damage" or "preventable accidents"
- "Unreliable" or "didn't follow instructions"
Step 5: Drug Test and Physical
Before driver touches your truck:
- Schedule DOT physical (if medical card expires soon)
- Schedule pre-employment drug test
- Query FMCSA Drug & Alcohol Clearinghouse
Clearinghouse violations = automatic disqualification until driver completes return-to-duty process.
Driver Pay Structures (Which One Works Best?)
Option 1: Percentage of Gross Revenue (Most Common for O/O)
How it works: Driver gets 25-35% of what the truck grosses.
Example:
- Truck grosses $3,500/week
- Driver gets 30% = $1,050/week
- You keep $2,450/week before truck expenses
Pros:
- Driver shares in good and bad weeks
- Incentivizes driver to keep truck moving
- Simple to calculate
Cons:
- Driver pay fluctuates (bad for driver morale)
- Driver may complain about low-paying loads
- Requires transparency (driver sees your rates)
Best for: Spot market or variable freight rates
Option 2: Per-Mile Rate (CPM - Cents Per Mile)
How it works: Driver gets $0.45-$0.65 per mile driven (loaded and empty).
Example:
- Driver runs 2,500 miles/week
- Pay rate: $0.55/mile
- Driver earns: $1,375/week
- You keep the rest
Pros:
- Predictable for driver
- Easy to calculate
- Driver doesn't need to know your rates
Cons:
- You absorb rate fluctuations
- Driver may prioritize miles over profitability
- Still fluctuates based on weekly miles
Best for: Dedicated or contract freight with stable rates
Option 3: Weekly Salary
How it works: Driver gets flat $1,200-$1,600/week regardless of miles or revenue.
Example:
- Driver salary: $1,400/week
- Good week (truck grosses $4,000): You net $2,600
- Bad week (truck grosses $2,500): You net $1,100
Pros:
- Predictable for driver (stable income)
- Driver doesn't complain about low-paying loads
- Simple payroll
Cons:
- You absorb all financial risk
- Driver has no incentive to maximize revenue
- Fixed cost even in slow weeks
Best for: Dedicated accounts with stable weekly revenue
Recommended Structure for New Fleet Owners
30% of gross + fuel bonus
How it works:
- Base pay: 30% of gross revenue
- Bonus: $100/week if fuel economy beats target
Why this works:
- Aligns driver's interest with yours (higher revenue = higher pay)
- Fuel bonus incentivizes good driving (saves you money)
- Transparent and fair
Example:
- Week 1: Truck grosses $3,600, driver gets $1,080 + $100 fuel bonus = $1,180
- Week 2: Truck grosses $3,200, driver misses fuel target, gets $960 (no bonus)
Driver Contract and Agreement
What to include in your driver agreement:
Pay structure:
- Base pay (percentage, CPM, or salary)
- Payment schedule (weekly, biweekly)
- Deductions (if any)
Responsibilities:
- Pre-trip and post-trip inspections
- Fueling procedures
- Load securement requirements
- Hours of service compliance
Equipment care:
- Maintenance reporting requirements
- Damage reporting procedures
- Truck washing schedule
Accidents and violations:
- Who pays for preventable accidents
- Who pays for driver-caused violations
- Deductible responsibility
Termination:
- Notice period (2 weeks standard)
- Truck return procedures
- Final paycheck timeline
Have a lawyer review your driver agreement. $300-$500 for a template saves you $10,000+ in disputes later.
Insurance Implications
Your insurance cost will increase significantly when you hire a driver.
Insurance for hired drivers:
Typical increase:
- Hired driver with 2-5 years experience: +$800-$1,500/month per truck
- Hired driver with 5+ years experience: +$500-$1,000/month per truck
- New CDL driver (under 2 years): +$1,500-$3,000/month per truck (if insurable at all)
From TruckersReport, one operator notes:
"With zero experience, his insurance will either not take you or they will charge him an outrageous amount. Insurance quotes exceed $20k annually even for drivers with spotless records and one year experience." - BulletProof
Many insurance companies won't cover drivers with less than 2 years experience for small owner operator fleets.
What insurance companies check:
- Driver's MVR (motor vehicle record)
- Driver's CSA score
- Accident history (last 3-5 years)
- Years of CDL experience
- Type of freight (hazmat costs more)
Call your insurance agent BEFORE hiring a driver to confirm they're insurable and get a quote.
Common Hiring Mistakes (And How to Avoid Them)
Mistake 1: Hiring Based on Desperation
The scenario: You bought truck #2. It's sitting idle. You're making payments but no revenue. First applicant has a CDL. You hire them without proper vetting.
What happens: Driver has hidden violations, preventable accident in month 1, insurance drops you.
Solution: Wait for a GOOD driver. Truck sitting idle for 2 months costs less than one bad driver.
Mistake 2: Hiring Someone with Under 2 Years Experience
From TruckersReport:
"Your driver will fail you, 2 years experience isn't enough for a start up, try someone with 7 to 10 years." - forum advice to new owner operator
Why inexperienced drivers don't work for small fleets:
- Insurance is prohibitively expensive (if you can get it)
- New drivers have higher accident rates
- You can't provide training/supervision like mega-carriers
- One accident can bankrupt a 2-truck operation
Minimum: 2 years verifiable CDL-A experience. Ideally 5+ years.
Mistake 3: Paying Too Little
The scenario: You offer 25% of gross (industry standard is 28-35%). Only desperate or unqualified drivers apply.
What happens: You get bottom-tier drivers. High turnover. Truck sits idle between drivers.
Solution: Pay competitively (30-33% of gross or $0.55-$0.60/mile). Good drivers pay for themselves.
Mistake 4: Not Documenting Everything
The scenario: Driver damages truck. You have no signed agreement about damage responsibility. Driver refuses to pay. You eat $8,000 repair bill.
Solution:
- Written driver agreement (signed before they touch truck)
- Document all damage (photos before and after driver starts)
- Accident/damage reporting procedure in writing
Mistake 5: Skipping Background Checks
The scenario: Driver says he has clean MVR. You don't pull it. He has 3 accidents and suspended license. Your insurance finds out. They cancel your policy mid-term.
Solution: Pull MVR, verify CDL, query Clearinghouse, call previous employers. Every time. No exceptions.
How FF Dispatch Helps Small Fleet Owners with Drivers
When you hire your first driver, dispatch workload doubles. You're now booking freight for two trucks while managing a driver.
What we provide:
- Freight for both trucks from single point of contact
- Consistent loads keep hired driver busy (less downtime = less driver complaints)
- You focus on driver management, we focus on freight
- Simplified income tracking (one settlement for all trucks)
Why this matters for hired drivers:
Driver retention problem: Drivers quit when trucks sit idle. If you spend 6 hours/day on load boards and can only find freight for your truck (not the hired driver's), driver leaves.
Dispatch services solve this: We keep both trucks moving. Driver sees consistent miles and pay. Driver stays longer.
Contact: (302) 608-0609 or gia@dispatchff.com Pricing: 6% of gross revenue per truck No long-term contracts
If you're hiring a driver and worried about keeping them busy while managing freight, we handle dispatch so you can handle people management.
Bottom Line
Hiring your first driver is the hardest part of expanding from owner-operator to fleet owner.
Legal requirements:
- Driver Qualification File (DQF) with 10+ documents
- CDL verification through DMV/FMCSA (not just photo)
- 3-year employment history verification
- Pre-employment drug test and Clearinghouse query
- Current DOT medical certificate
- Annual MVR reviews
Screening process:
- Phone screen (10 minutes, filter obvious mismatches)
- Pull MVR before interview ($10-$25, saves time)
- In-person interview (verify experience and work ethic)
- Reference checks (call 2 previous employers)
- Drug test and physical (before driver touches truck)
Pay structures:
- Percentage: 28-35% of gross (most common, driver shares risk)
- Per mile: $0.45-$0.65/mile (predictable for driver)
- Salary: $1,200-$1,600/week (you absorb all risk)
- Recommended: 30% of gross + fuel bonus
Insurance reality:
- Expect +$800-$1,500/month per truck for experienced driver
- +$1,500-$3,000/month for drivers under 2 years (if insurable)
- Many insurers won't cover drivers under 2 years for small fleets
- Call insurance BEFORE hiring to confirm driver is insurable
Biggest mistakes:
- Hiring out of desperation (costs more than truck sitting idle)
- Hiring drivers under 2 years experience (insurance nightmare)
- Paying below market rate (only get desperate drivers)
- Not documenting agreements (legal/financial disasters)
- Skipping background checks (insurance cancellation risk)
The hard truth: From TruckersReport: "Small one or two truck outfits can be a great way to gain experience - if it's run right. If it's not it can be a nightmare."
Minimum driver qualifications:
- 2+ years verifiable CDL-A experience (5+ years preferred)
- Clean MVR (no major violations in 3 years)
- No Clearinghouse violations
- Insurable (confirm with your agent first)
- Good references from previous employers
Wait for a good driver. Truck sitting idle for 2 months costs $6,000-$8,000 in payments and insurance. One bad driver costs $15,000-$30,000 in accidents, violations, and insurance increases.
The screening process takes 7-14 days. Do it right. Your business depends on it.
Sources:
- 6.1.2 Driver Qualification File - FMCSA CSA
- Commercial Driver's License Program - FMCSA
- Understanding FMCSA Verifications of Employment - TruckSafe
- Types of Truck Driver Pay [7 Pay Structures Explained] - ATS
- Understanding Truck Driver Pay: CPM, Hourly - Melton Truck Lines
- The Mile vs. Percentage Pay Debate - Keynnect Logistics
- Hiring My First Driver for a Contract Job - TruckersReport Forum
- Owner Operator Authority and New CDL Hire - TruckersReport Forum