On March 9, 2022, the Federal Motor Carrier Safety Administration (FMCSA) amended its Record of Violations Rule. As a result, drivers operating commercial motor vehicles (CMVs) in interstate commerce no longer need to prepare and submit a list of their convictions for traffic violations to their employers annually. The rule goes into effect May 9, 2022.
While the FMCSA eliminated the record of violations rule for drivers, the amended FMCSA rule retains the requirement for an annual inquiry and review of driving records for motor carriers. Under the rule, each motor carrier must make an annual inquiry to obtain motor vehicle records (MVR). This must be done for each driver the motor carrier employs from every state where the driver holds or has held a CMV operator’s license or permit in the past year. Motor carriers must review these MVRs and maintain a copy of them in their driver qualification files.
The FMCSA also amended the rule to require motor carriers to make an annual inquiry to each driver’s licensing authority where a driver holds or has held a commercial drivers’ license (CDL) or commercial learners’ permit (CLP) permit. This was done to ensure that motor carriers are aware of traffic convictions for a driver licensed by a foreign authority rather than a state.
When hiring drivers, motor carriers must make inquiries to each driver’s licensing authority where the driver holds a CDL or CLP during the preceding three years to obtain MVRs. To facilitate this process, drivers are required to disclose the issuing driver’s licensing authority of each unexpired CDL or CLP that has been issued to them.
Motor carriers should review the requirements under the amended rule to ensure they continue to complete all required inquiries. Employers should also update their processes and procedures to no longer require drivers to submit a list of their convictions for traffic violations annually.
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