The following is an excerpt from the GAWDA Safety Organizer, a monthly bulletin sent to GAWDA members. For more information on the GAWDA Safety Organizer, or to read past issues, visit the GAWDA.org Members-Only Section.
At least every 12 months, the motor carrier must review the driving record of each driver, including compliance with the Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations. This means doing the review on or before the same date next year. If you go past the date, then DOT, during their audit, would try to find if you used the driver during the lapse. If they find this, then you will receive a penalty for “allowing and permitting an unqualified driver” to operate a commercial motor vehicle.
This review used to be a 3-part process. First, you would have the driver certify the previous 12 months of driving violations. Then, you would check their records for any violations, one of which should be the appropriate state motor vehicle record (MVR). Finally, you would certify as the carrier whether the driver is qualified or not to continue driving.
As of May 9th, 2022, DOT removed the requirement that the driver certify a list of convictions for the prior 12 months. So now all you need to do is pull the MVR, review it, and complete the review certification section of the form.
You can use third-party companies to do the MVR checks. You can pull the MVR yourself or you can have the driver obtain their own MVR, which is the easiest way many times.
In reviewing each driver’s record for the preceding year, attention should be given to any accidents and indications of violations of motor vehicle laws and regulations. Of particular importance are violations indicating a disregard for the safety of the public, such as speeding or operating a vehicle while under the influence of alcohol or drugs.
The reviewer’s evaluation of the record should determine whether the driver remains qualified or is disqualified to drive a motor vehicle under the provisions of §391.15 for such infractions as operating a vehicle while under the influence of alcohol or drugs, leaving the scene of an accident involving personal injury or death, etc.
A written record, including the date and the name of the person who reviewed the driving record, must be placed in the driver’s qualification file. This review must be maintained in the driver qualification file for three years after the carrier certification date. If you need a form to do this documentation, just send me an email and I’ll be glad to send you one.
I recommend stapling any paperwork, such as the state motor vehicle record and any other reviews that you may have done, to the back of the certification form for ease of recordkeeping.
DOT Interpretations:
Question 1: To what extent must a motor carrier review a driver’s overall driving record to comply with the requirements of §391.25?
Guidance: The motor carrier must consider as much information about the driver’s experience as is reasonably available. This would include all known violations, whether or not they are part of an official record maintained by a State, as well as any other information that would indicate the driver has shown a lack of due regard for the safety of the public. Violations of traffic and criminal laws, as well as the driver’s involvement in motor vehicle accidents, are such indications and must be considered. A violation of size and weight laws should also be considered.
Question 2: Is a driver service or leasing company that is not a motor carrier permitted to perform annual reviews of driving records (§391.25) on the drivers it furnishes to motor carriers?
Guidance: The driver service or leasing company may perform annual reviews if designated by a motor carrier to do so.
Question 3: May motor carriers use third parties to ask State agencies for copies of driving records to be examined during the carrier’s annual review of each driver’s record?
Guidance: Yes. Although an examination of the official driving record maintained by the State is not required during the annual review, motor carriers that choose to do so may use third-party agents, such as driver information services or companies, to obtain the information. However, the motor carrier is responsible for ensuring the information is accurate.
