A motor vehicle record tells you how someone actually drives. That is why the DOT requires you to check it before a driver starts and at least once a year after that. Missing or late MVRs are one of the easiest violations for an investigator to find.
Here is what the rules require and how to stay on top of them.
The pre-hire MVR: 49 CFR 391.23
Before or shortly after hiring a CMV driver, you must request the driver’s motor vehicle record from every state where the driver held a motor vehicle operator’s license or permit during the preceding three years.
Key points:
- The inquiry must be made within 30 days of the date the driver’s employment begins.
- It covers every state, not just the current one. A driver who moved twice may need three MVRs.
- The results, or proof that you made a good-faith effort, go in the driver qualification file.
- If a state has no record, document that response too.
Use the driver’s employment application to identify the states. Under 49 CFR 391.21, the application must list each license held in the past three years. If the application and the MVR do not match, find out why before you put the driver to work.
The pre-hire MVR is also separate from the safety performance history inquiry to previous employers. You need both.
The annual MVR: 49 CFR 391.25
At least once every 12 months, you must request an MVR for each driver you employ. The request goes to each state licensing authority where the driver held a license during that period.
Two parts make up the annual requirement:
- Get the record. Request the MVR from the licensing state or states.
- Review it. Someone at the company must review the record to decide whether the driver meets the minimum requirements for safe driving and is not disqualified under 49 CFR 391.15.
The review must be documented with the date and the name of the person who did it. Many carriers treat this as one annual event, but they are two separate steps. An MVR sitting in a file with no documented review does not meet the rule.
What to look for on the record
An MVR is only useful if someone reads it carefully. When reviewing, look for:
- License status: valid, suspended, revoked, canceled or expired.
- License class and endorsements that match the work the driver does.
- Restrictions, such as an air brake restriction.
- Moving violations and their dates.
- Serious traffic violations and major offenses that can trigger disqualification under 49 CFR 383.51 for CDL holders.
- Crashes, where the state reports them.
- For CDL drivers, medical certification status, which many states now show on the record.
If you find a problem, act on it. A suspended license means the driver cannot drive a CMV until it is resolved. Your company policy can also set standards stricter than the federal minimum.
Record retention
Under 49 CFR 391.51, MVRs and annual review records belong in the driver qualification file. Each annual MVR and review record must be kept for three years from the date it was done. The pre-hire MVR stays in the file for as long as the driver works for you, plus three years after the driver leaves.
Keep them organized by driver and by date. During an audit, an investigator will often ask for a sample of files and check whether each year is covered with no gaps.
Where carriers go wrong
These mistakes show up again and again:
- Pulling only the current state on a pre-hire MVR when the driver held licenses elsewhere.
- Waiting longer than 30 days after hire to request the record.
- Letting the annual MVR drift past 12 months because nobody tracked the date.
- Getting the annual MVR but never documenting the review.
- Filing MVRs without actually reading them.
Most of these come down to tracking. When you have a handful of drivers hired at different times, the anniversary dates scatter across the calendar. DOT Compliance Watch tracks each driver’s annual MVR and review dates and sends reminders before they come due. You still order the MVR from your provider or the state, but you will not forget to do it.
A simple MVR checklist
For every new driver:
- List every state licensed in the past three years from the application.
- Request an MVR from each state within 30 days of hire.
- File each result or response in the DQ file.
For every current driver, each year:
- Request the MVR before the 12-month mark.
- Review it against your standards and 49 CFR 391.15.
- Record the review date and reviewer name.
- File both and set the next due date.
State MVR formats and ordering methods vary, and rules can differ for intrastate-only operations. If a situation is unusual, confirm with FMCSA or your state.
Make MVR tracking automatic
MVR rules are simple. Keeping every date straight across every driver is the hard part. Try it free for 14 days and let reminders handle the calendar for you.