The Impact to Motor Carriers & Fleetworthy Clients of the FMCSA Final Rule to Eliminate the Driver Record of Violations

Truck driver walking around the semi truck, Truck inspection saf

The Federal Motor Carrier Safety Administration (FMCSA) published a final rule that will eliminate the need to have drivers provide the Record of Violations (391.27)  The FMCSA amends its regulations to eliminate the requirement that drivers operating commercial motor vehicles (CMVs) in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. This requirement is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record (MVR) for each driver it employs from every State in which the driver holds or has held a CMV operator’s license or permit in the past year.

To ensure motor carriers are aware of traffic convictions for a driver who is licensed by a foreign authority rather than by a State, the Agency amends the rule to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a CMV operator’s license or permit.  The change is effective May 9, 2022. 

Impacts to Motor Carriers:

  • No need to query a driver for their previous 12-month driving record
    • Keeps drivers on the road, driving and delivering product without impacting their day-to-day activities.
  • No comparison with the Motor Vehicle Report (MVR) to the driver’s Certificate of Violations (CoV)
    • Lessens workload for Motor Carrier with one less document required for review.
  • Non-compliant drivers will continue to be required to alert their Motor Carrier when there is a violation of 383.31 and other disqualifying events

Impacts to Fleetworthy Clients:

  • Automation available with eFleet forms for all Fleetworthy Solutions’ Driver Qualification (DQ) clients
    • Eliminate paperwork and become 100% electronic!
  • Faster turnaround
    • Document comes back to Fleetworthy without scanning, uploading and processing into the driver file, without Fleetworthy or client involvement.
  • Fewer documents required in a driver file
    • With the newly announced update, there is no longer a need to house a CoV after May 9th.  Fleetworthy Solutions’ clients can leverage our compliance platform to house the MVR and complete their Annual Review without.
  • Fleetworthy advocated for the removal of this regulation, as the impact on a compliant file was deemed negligible and provided no risk to public safety

Reach out to Fleetworthy Solutions with any questions by visiting our website – www.fleetworthy.com or calling us at (608) 230-8200.

Sources:

Federal Register website – https://www.federalregister.gov/documents/2022/03/09/2022-04930/record-of-violations

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