Department of Transportation Driver File tracking just became a little easier! As of May 9th 2022, DOT has removed the requirement for drivers to submit a Certificate of Violations form in their Driver Qualification File.
The agency is also amending its regulations to add some new obligations for motor carriers. Specifically, "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.”
Going forward, driver applicants will now need to provide prospective carriers, via a driver application, a list of all CMV licenses held over the past 3 years, including those issued by U.S. states and foreign authorities. Carriers must make inquiries to those states and/or foreign authorities to obtain and review the drivers' driving records. Carriers will also have to make similar inquires annually.
Summary of Change:
“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.
Because this rule eliminates the requirements in § 391.27 for drivers to provide either a list of their traffic convictions or a certificate that they do not have any traffic convictions to report to their employers, there no longer is any document for an employer to place in the driver qualification file. This rule amends § 391.51 by eliminating paragraph (b)(6), which currently provides the driver qualification file must include the documents required by § 391.27.”