Key Regulation: 49 CFR § 391.23

Motor Vehicle Records (MVR) Requirement for Driver Qualification Files

FMCSA regulations require motor carriers to obtain and maintain comprehensive Motor Vehicle Records (MVRs) as part of a driver’s qualification file to ensure safe operations and compliance.

FMCSA regulations require motor carriers to obtain and maintain comprehensive Motor Vehicle Records (MVRs) as part of a driver's qualification file to ensure safe operations and compliance.

Key Regulation: 49 CFR § 391.23 — Investigations and Inquiries

(a) Initial Inquiry (Within 30 Days of Employment Start)

  • The carrier must inquire within 30 days of hiring the driver to each State where the driver has held or holds a motor vehicle license or permit in the preceding 3 years, to obtain the driver’s 3-year driving history from motor vehicle records. eCFR
  • Additionally, the carrier must investigate the driver’s safety performance history with previous DOT-regulated employers over the same 3-year period.

(b) Filing and Retention Requirements

  • The received motor vehicle record(s) must be placed in the driver qualification file within the 30-day window and retained in accordance with § 391.51.
  • If a record is not received, the carrier must document a good-faith effort to obtain it.
  • The inquiry must be made in the method prescribed by each licensing authority. eCFR

Annual MVR Review Requirement — 49 CFR § 391.25

At least once every 12 months, the carrier must:

  • Obtain a current MVR from each state where the driver holds or has held a CMV license in that period.
  • Review that record to determine whether the driver continues to meet minimum safe driving standards or is disqualified under § 391.15.
  • Place a copy of the MVR in the driver qualification file.
  • Maintain a written note in the file that includes who reviewed the record and the review date.

FMCSA Context & Guidance

FMCSA’s Driver Qualification File Checklist emphasizes that MVRs must be kept in the file at hire and then updated annually throughout and after employment (life of employment + 3 years post-employment). CSA Compliance

Why This Matters

  • Ensures the driver continues to meet FMCSA’s safe driving standards.
  • Provides evidence of compliance during DOT audits or investigations.
  • Documents carrier’s due diligence in monitoring driver performance throughout employment.

Driver Qualification File Management Made Easy

Proper management of Driver Qualification (DQ) files is crucial for FMCSA-regulated employers to ensure their drivers are qualified and compliant with federal regulations.

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  • Managed Services