FMCSA Issues New Rule on Annual Violation Reporting

Beginning May 9, 2022, the Federal Motor Carrier Safety Administration (FMCSA) will no longer require commercial drivers to provide previous traffic violations to their employers on an annual basis. On March 9, 2022 FMCSA Issued a final rule amending its regulations to eliminate the requirement that drivers operating commercial motor vehicles (CMVs) in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. The full Final Rule can be read here:

https://www.govinfo.gov/content/pkg/FR-2022-03-09/pdf/2022-04930.pdf

FMCSA states that this requirement is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record (MVR) for each driver it employs from every state in which the driver holds or has held a CMV operator’s license or permit in the past year.

FMCSA is also amending the rule for drivers licensed in Mexico or Canada “to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a CMV operator’s license or permit.” The FMCSA will require that drivers report any active driver’s licenses, along with the issuing authorities, on their employment applications.

To maintain consistency with federal rules, FMCSA will also require that drivers report on their employment application the issuing driver’s licensing authority of each unexpired CMV operator’s license or permit they have been issued so that their carrier can make the required inquiries.