Are You Ready? FMCSA Removes Driver Violations Reporting Requirement
Effective May 9, 2022, the FMCSA will remove the requirement for interstate truck drivers to submit an annual list of their convictions to their motor carrier.
This final rule will eliminate § 391.27.
The carrier must continue to conduct an annual inquiry and pull a Motor Vehicle Record (MVR) for every state a driver holds or has held a CMV operator’s license or permit in the previous 12 months. The MVR(s) must be held in the Driver Qualification (DQ) file.
This change also requires carriers to request the MVR equivalent from Canadian and Mexican driver's licensing authorities, if applicable.
This new ruling will also change § 391.23 (Investigation and Inquiries) in the hiring process. Motor carriers must obtain an MVR from the jurisdiction where the driver holds or has held a commercial operator’s license or permit in the preceding 3 years.
The FMCSA will amend § 391.21 (Application for Employment) as drivers will be required to provide on their employment application the issuing driver’s licensing authority of each unexpired CDL or permit so carriers can make the required inquiries.
Motor carriers must make changes to their applications to ensure they are collecting all unexpired commercial driver’s licenses or permits for the previous 3 years, so they can run the appropriate MVRs.