Once a year, every motor carrier must take a hard look at each driver’s record and decide whether that driver should keep driving. That is the annual review of driving record. It sounds routine, and it is. But missing or poorly documented reviews are a common finding in driver qualification file audits.
What the rule requires
The requirement is in 49 CFR 391.25. At least once every 12 months, each motor carrier must:
- Make an inquiry to obtain the driver’s motor vehicle record from each state where the driver held a CMV operator’s license or permit during that period.
- Review the driver’s record to determine whether the driver meets the minimum requirements for safe driving or is disqualified to drive under 49 CFR 391.15.
Both steps are required. The review is the step carriers forget, or do without leaving any proof.
What the reviewer should consider
The regulation tells carriers to consider any evidence that the driver has violated laws governing the operation of motor vehicles. It also directs carriers to give great weight to violations such as speeding, reckless driving and operating while under the influence of alcohol or drugs that indicate the driver has shown a disregard for public safety.
In practice, the reviewer should look at:
- License status: valid, suspended, revoked or expired.
- Moving violations in the past year and the overall pattern.
- Serious traffic violations, such as excessive speeding, reckless driving or following too closely.
- Crashes where the state records them, plus crashes in your own accident register.
- Disqualifying offenses under 49 CFR 391.15 and, for CDL holders, 49 CFR 383.51.
- Anything else in your records, such as roadside inspection results or internal incident reports.
The federal rule sets a minimum. Your company can and should set its own written standards, such as a maximum number of moving violations in a set period. Apply those standards consistently to every driver.
Documenting the review
This is where carriers lose points. Under 49 CFR 391.25, the carrier must keep a note in the driver qualification file that includes:
- The name of the person who performed the review.
- The date of the review.
Along with that note, keep the MVR you reviewed. Many carriers use a simple one-page form that records the driver’s name, the MVR date, the reviewer’s findings, the decision to continue or not, the reviewer’s name and signature, and the date.
A good review note tells an investigator three things: someone looked, someone decided and when it happened.
Older guidance and forms may also mention an annual driver-completed list of violations. Rules in this area have changed over time, so check the current text of Part 391 before relying on an older form.
How long to keep it
Under 49 CFR 391.51, the annual review note and the annual MVR go in the driver qualification file. Each may be removed three years after the date it was done. That means an active driver’s file should normally show a continuous chain of annual reviews for the past three years.
Gaps are easy to spot in an audit. If a driver was hired four years ago, an investigator will expect to see the reviews that fall within the retention period, with no year skipped.
Common mistakes
These show up often:
- Missing the 12-month deadline. Once a year means within 12 months of the previous review, not “sometime this calendar year.”
- Pulling the MVR but never documenting the review. A filed MVR is not a completed review.
- Only checking the current state when a driver held a license elsewhere during the year.
- Reviewing but not acting. If the record shows a suspension or a disqualifying offense, the driver cannot drive until it is resolved.
- Inconsistent standards. Applying your policy to some drivers but not others creates risk beyond DOT compliance.
A simple annual review checklist
For each driver, every year:
- Note the date the last review was completed and set a due date within 12 months.
- Request the MVR from each state where the driver held a license during the period.
- Compare the record against 49 CFR 391.15 and your company standards.
- Check your internal records for crashes and inspections.
- Decide whether the driver continues, needs coaching or cannot drive.
- Write the review note with the reviewer’s name and date.
- File the note and MVR in the DQ file.
Staggered hire dates make this harder than it looks. With ten drivers, you may have ten different due dates. DOT Compliance Watch tracks each driver’s annual review date and sends alerts before it comes due. It does not pull MVRs, but it makes sure nobody forgets to.
If your operation is intrastate only, your state may have its own version of these rules. Confirm with your state or FMCSA where needed. More resources are in our resources section.
Never miss another review
The annual review is simple, but it only works if it happens on time, every time, for every driver. Compare plans and choose the one that fits your fleet.