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FMCSA Shifts Driver Record Responsibilities to Carriers

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Effective May 9, 2022, the Federal Motor Carrier Safety Administration’s (FMCSA) new rule requires:

  • Motor carriers (employers) to obtain motor vehicle records (MVRs) annually for their drivers from Canadian and Mexican licensing authorities, as well as from State Driver’s Licensing Agencies.
  • The elimination of the requirement for commercial motor vehicle (CMV) drivers to self-report convictions for traffic violations. The new rule removes the requirement that previously called for carriers to have their drivers prepare and submit a record of convictions for traffic violations or a certificate of no violations. According to FMCSA, the reasoning behind the new rule is that the drivers’ reporting requirement duplicates the motor carriers’ duty to make annual inquiries to obtain drivers’ MVRs.
  • Carriers to inquire into the driver’s licensing authority where the driver holds a motor vehicle operator’s license or permit in addition to those where one was held during the preceding three years to obtain the driver’s MVR. Carriers may use third-party driver information services to contact driver’s licensing authorities; however, the rule makes it clear that the ultimate responsibility for accuracy rests with the carriers themselves.

According to the FMCSA, these changes will save $3.5 million, resulting from the time and money saved in drivers no longer needing to prepare a list of convictions or a certificate of no convictions and carriers no longer needing to file the lists or certificates in their driver qualification files.

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Contact us to learn more about how Hire Image can help you with obtaining annual motor vehicle records on your drivers, our Driver Monitoring service, or if you have any questions about your own background screening policy.

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