FMCSA Eliminates Driver Violations Reporting
On March 9, the Federal Motor Carriers Safety Association (FMCSA) released a final rule that will remove the requirement for interstate truck drivers to submit an annual list of their convictions to their motor carrier. This final rule is effective on May 9,2022.
This final rule will eliminate § 391.27.
What Do Carriers Need To Know?
Carriers must continue to conduct an annual inquiry and pull Motor Vehicle Records (MVR) for every state a driver holds or has held a commercial motor vehicle (CMV) operator’s license or permit in the previous 12 months. The MVR(s) must be held in the Driver Qualification (DQ) file.
Carriers are also required to request the MVR equivalent from Mexican and Canadian driver’s licensing authorities, if it applies.
Investigation and Inquiries
This new ruling will also change § 391.23 (Investigation and Inquiries) in the hiring process. Motor carriers must obtain an MVR from the jurisdiction where the driver holds or has held a commercial operator’s license or permit in the preceding 3 years.
Drivers will be required to provide (on their employment application) the issuing driver’s licensing authority of each unexpired CDL or permit so carriers can make the required inquiries, because the FMCSA will be amending § 391.21 (Application for Employment).
Costs and Benefits of the Ruling
According to the ruling, the elimination of § 391.27 results in cost savings to drivers. They will no longer spend time completing a list of convictions for traffic violations or certificate of no convictions. It also results in cost savings to motor carriers, because they will not have to file the lists or certificates in driver qualification files. The FMCSA estimated that rescinding § 391.27 will result in cost savings of $24.9 million over 10 years, at a 7% discount rate. The annualized cost savings are estimated to be $3.5 million.
Related Articles:
