On March 9th, the FMCSA released a final rule that eliminates the requirement, 49 CFR 391.27 (record of violations), that drivers operating commercial motor vehicles (CMVs) in interstate commerce must prepare and submit “certificate of violations.”
The certificate of violations is an annual list of a driver’s traffic violation convictions to their employers. The motor carrier would normally retain the list of violations or certification of no violations in the driver’s qualification file (DQF).
The removal of this requirement is due to a separate rule requiring motor carriers to make an annual inquiry for the motor vehicle records (MVR) of each driver it employs. An MVR inquiry is required for every State the driver holds or has held a CMV operator’s license or permit in the past year.
A Motor Vehicle Record (MVR) is a state-specific document that shows your driving history within that particular state over a period of time.
- MVRs must be pulled within 30 days of hiring a CMV driver
- Insurance companies need MVRs to add drivers to insurance policies
- MVRs pulled for CMV drivers living in multiple states to get the full driving history
Typical MVR reports show 3 years up to 10 years of driving history, such as:
- Accident reports
- Driver restrictions
- Civil traffic violations, like speeding and running a red light
- License suspensions
- Vehicular crimes like DUI, reckless driving, and leaving the scene of an accident
- Unpaid summons and insurance lapses
- Number of points (in states that use a point system)
To ensure motor carriers are aware of traffic convictions for a driver who is licensed by a foreign authority rather than by a State, the FMCSA amends the rule to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a CMV operator’s license or permit.
This change requires motor carriers to request MVRs from Canadian and Mexican driver’s licensing authorities.
The elimination of § 391.27 results in driver and company time cost savings of $3.5 million each year across the industry.
FMCSA does not expect this rule will negatively affect CMV safety.
Are you prepared for a DQ File Audit?
Driver File Management is a service to manage your Driver Qualification Files (DQFs) and reduce your risk by establishing and keeping your driver files accurate, organized and diligent.
We maintain your DOT driver documents, including but not limited to performance history, motor vehicle reports (MVR) and driver employment application.
Our DQF Management System is completely customizable to your individual needs.
- Tailored applications and forms for your company
- Online driver application, filing and notifications
- Initial driver file audit, Motor Vehicle Record (MVR) Checks, Drug Testing
- FMCSA clearinghouse annual limited query
- Audit support