Annual MVR review

Scope

This regulation applies to drivers of commercial motor vehicles (CMVs) in interstate commerce and the motor carriers who employ them.

Regulatory citations

• 49 CFR 391.25 — Annual review of driving record

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater;
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

• Motor vehicle record (MVR): A report of the driving status and history of a driver. This report is generated from the driver record provided to users, such as drivers or employers.

Summary of requirements

At least once every 12 months, a motor carrier must:

• Obtain the MVR of each driver it employs, covering at least the preceding 12 months, from the appropriate agency of every issuing driver’s licensing authority in which the driver held a license or permit.
• Review the MVR of each driver, including compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR).
• Give attention should be given to any accidents and incidents of violations of motor vehicle laws and regulations. Of particular importance are violations indicating a disregard for public safety, including (but not limited to):
  • Speeding,
  • Reckless driving, and
  • Operating a vehicle while under the influence of alcohol or drugs.
• Determine whether a driver remains qualified or is disqualified to drive a CMV under the provisions of 391.15. CDL driver violations and disqualification is also covered in the four tables found in 383.51.

Record retention. A copy of the MVR from each issuing driver’s licensing authority and a note, including the name of the person who performed the review of the MVR, and date of the review must be maintained in the driver’s qualification file for three years from the document date.