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To what extent must a motor carrier review a driver’s overall driving record to comply with the requirements of § 391.25?

NOTE:  This guidance was rescinded on May 9, 2022, and is no longer in effect.  Please see revised guidance FMCSA-DQ-391.25-Q001(2022-03-09).

FMCSA-DQ-391.25-Q001


§ 391.25 Annual inquiry and review of driving record.

Guidance Q&A

Question 1: To what extent must a motor carrier review a driver’s overall driving record to comply with the requirements of § 391.25?

Guidance: The motor carrier must consider as much information about the driver’s experience as is reasonably available. This would include all known violations, whether or not they are part of an official record maintained by a State, as well as any other information that would indicate the driver has shown a lack of due regard for the safety of the public. Violations of traffic and criminal laws, as well as the driver’s involvement in motor vehicle accidents, are such indications and must be considered. A violation of size and weight laws should also be considered.

Regulatory Topic: Driving record annual inquiry
Effective Date: Sunday, May 4, 1997
Issued Date: Friday, April 4, 1997