Part 391 records rules changed

Effective May 9, an FMCSA final rule eliminates the need to have drivers provide the Record of Violations under 49 CFR 391.27. However, any Record of Violations documents collected before the effective date must be retained in the driver qualification file for three years from the document date, unless otherwise clarified by FMCSA.

The DOT application for employment as required by §391.21 is changed to require the driver applicant to list each driver’s licensing authority of the unexpired CMV operator’s license or permit. Also, per §391.25, carriers must continue to obtain a motor vehicle record (MVR) at least annually from each driver’s licensing authority from which a driver holds or has held a CMV operator’s license or permit. Moreover, carriers must run an MVR:

• From each licensing authority where the driver holds or held a license in the preceding three years when hiring a driver; and
• For drivers licensed in Canada and Mexico.

A carrier no longer has to certify that no record exists when no MVR is received from a licensing authority. Note that carriers should consider requiring non-CDL drivers to report traffic convictions to the carrier.

Find the final rulemaking in the March 9th Federal Register.