Background and character
§391.25 Annual inquiry and review of driving record.
(a) Except as provided in subpart G of
this part, each motor carrier shall, at least once every 12 months, make an
inquiry to obtain the motor vehicle record of each driver it employs, covering at least
the preceding 12 months, to the appropriate agency of every State in which the
driver held a commercial motor vehicle operator’s license or permit during the
time period. [Change Notice] [Previous Text]
(b) Except as provided in subpart G of
this part, each motor carrier shall, at least once every 12 months, review the
motor vehicle record of each driver it employs to determine whether that driver meets
minimum requirements for safe driving or is disqualified to drive a commercial
motor vehicle pursuant to §391.15. [Change Notice][Previous Text]
(b)(1) The motor carrier must consider any
evidence that the driver has violated any applicable Federal Motor Carrier
Safety Regulations in this subchapter or Hazardous Materials Regulations (49
CFR chapter I, subchapter C).
(b)(2) The motor carrier must consider the
driver’s accident record and any evidence that the driver has violated laws
governing the operation of motor vehicles, and must give great weight to
violations, such as speeding, reckless driving, and operating while under the
influence of alcohol or drugs, that indicate that the driver has exhibited a
disregard for the safety of the public.
(c) Recordkeeping. (1) A copy of the
motor vehicle record required by paragraph (a) of
this section shall be maintained in the driver’s qualification file.[Change Notice][Previous Text]
(c)(2) A note, including the name of the
person who performed the review of the driving record required by paragraph (b)
of this section and the date of such review, shall be maintained in the
driver’s qualification file.
[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13,
1970; 60 FR 38744, July 28, 1995; 63 FR 33277, June 18, 1998; 73 FR 73127, Dec. 1, 2008]