How Often Must a Motor Carrier Review a Driver's Driving Record?

Question

Accepted Answer

A motor carrier obtains and reviews each driver's motor vehicle record at least once every 12 months. Under 49 CFR 391.25(a), the carrier makes an inquiry to each driver's licensing authority where the driver held a commercial motor vehicle operator's license or permit during the period, and the record covers at least the preceding 12 months.

Under 391.25(b), the carrier reviews the record to determine whether the driver meets minimum requirements for safe driving or is disqualified under 49 CFR 391.15. In the review, the carrier:

Considers any evidence that the driver violated the Federal Motor Carrier Safety Regulations or the Hazardous Materials Regulations
Considers the driver's accident record and any evidence of violations of laws governing the operation of motor vehicles
Gives great weight to violations such as speeding, reckless driving and operating while under the influence of alcohol or drugs, which show a disregard for the safety of the public

Under 391.25(c), a copy of the motor vehicle record goes in the driver qualification file, along with a note that includes the name of the person who performed the review and the date of the review.

The annual review follows the record check made at hiring, covered in What Driving Record Check Is Required When a Motor Carrier Hires a Driver?. Under 49 CFR 382.701(b)(1), FMCSA-regulated employers also run a Clearinghouse query at least once a year for each driver subject to Part 382 drug and alcohol testing, as covered in What Drug and Alcohol Clearinghouse Queries Must Employers Run?.

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