FMCSA Eliminates Annual Record of Violations Requirement

There are major changes to the Annual Record of Violations Requirement. What does it mean for the transportation industry and companies like you?

We have all the key information, takeaways, and next steps you need to take in order to stay in compliance.

The Ruling at a Glance

Final Rule:  FMCSA Eliminates 49 CFR 391.27 Annual Record of Violations Requirement (certification of violation if no violation, herein referred to COV).

Effective Date:  May 9, 2022

What is Changing: FMCSA is eliminating the duplicative measure for each motor carrier to require the driver it employs to prepare and furnish to the motor carrier a COV for which the driver has been convicted or has forfeited bond or collateral during the preceding 12 months. 

In addition, for purposes of obtaining a motor vehicle record (MVR), FMCSA has replaced the term “state” with “licensing authority.” This ensures motor carriers recognize Canada and Mexico as foreign agencies for which a driver can be licensed.  

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Key Takeaways For You

• The requirement for the driver to provide the annual COV to the motor carrier is being eliminated as of May 9, 2022. 
• Motor carriers will still be required to obtain MVRs annually from each licensing authority for which the driver holds, or has held, a commercial motor vehicle operator’s license or permit (per 49 CFR 391.25).
• Motor carriers will continue to conduct an annual review of driving records per 49 CFR 391.25.
• Motor carriers must retain all COV’s obtained before May 9, 2022 in the DQ File for 36 months from the document date.
• The term “state” is being replaced with “licensing authority” to ensure foreign agencies such as Canada and Mexico are included when obtaining MVRs for hiring and annual review purposes. 

• For hiring purposes, carriers must continue to run an MVR from each licensing authority where the driver holds or held a license in the preceding three years. When no MVR is received from the licensing authority, the final rule also eliminates the requirement for a carrier to certify that no record exists.
  

The DOT application for employment per 49 CFR 391.21 will now require the driver to list each driver’s licensing authority of unexpired CMV operator’s license or permit.

Don’t Do It All on Your Own

Issues with compliance reduce efficiency, increase cost of loss, and make you liable for crippling fines. Plaintiff attorneys are licking their chops looking for carriers that don't adapt their practices to this policy. With the ever-changing maze of rules from the FMCSA, it can be difficult to do it all on your own.

Luckily, you don’t have to. When you handle it all yourself, you’re risking your company, wasting your time, and wasting your money. Let us help.

We make it easy for carriers to remain safe and in compliance with our Comply brand of Driver Qualification File Management products. From self-service to managed services, AvatarFleet has a solution to ensure your drivers make it home every night and you pass every audit.

Contact AvatarFleet's Bree Massad to learn more about our Comply product line and our newest product, continuous driver monitoring. 

These products ensure our clients keep seats filled, get ‘em home safe, and pass every audit!