List of violations

Scope

Prior to May 9, 2022, 391.27 required the motor carrier to obtain a list of violations from each driver at least every 12 months after hire. On the DOT application, per 391.21(b)(8), the carrier-employer is still required to have the driver provide the motor vehicle laws or ordinances (other than violations involving only parking) of which the applicant was convicted or forfeited bond or collateral in the three years prior to the date the application was submitted.

Regulatory citations

• 49 CFR 383.31 — Notification of convictions for driver violations
• 49 CFR Part 383 — Commercial drivers license standards; requirements and penalties
• 49 CFR 391.27 — Record of violations (Editor’s Note: This section is removed and reserved, effective May 9, 2022.)

Key definitions

• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in Part 383, which authorizes the individual to operate a class of a commercial motor vehicle (as defined in 383.5).
• Commercial motor vehicle (CMV): Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
  • Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
  • 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 is not used to transport passengers for compensation; or
  • Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding.

• Driver: Any person who operates any commercial motor vehicle.
• Employer: Any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United States, any state, any political subdivision of a state, or an agency established under a compact between states approved by the Congress of the United States.

Summary of requirements

Specifics of the requirement follow:

• Effective May 9, 2022, the Driver List of Violations, also known as the Record of Violations, is not required per the elimination of 391.27.
• May, 8, 2022, and prior, the list must have included all violations of motor vehicle traffic laws or ordinances for which the driver was convicted or forfeited bond or collateral during the preceding 12 months.
• If a driver had no violations of the type specified, the record must still have been submitted to the motor carrier indicating there were none.
• Drivers subject to the commercial driver’s license (CDL) requirements of Part 383 must still notify their employer of any motor vehicle convictions within 30 days (383.31). These previously-reported convictions were not required to be reported on the annual list.
• The list of violations (record of violations or certificate of violations) due May 8, 2022, and prior should be retained for three years from the document date absent specific FMCSA guidance.