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NOTE: This guidance revises FMCSA-DQ-391.25-Q001, issued on April 4, 1997, and rescinded on May 9, 2022. See FMCSA-FR-87FR13192(2022-03-09).
§ 391.25 Annual inquiry and review of driving record.
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 they are part of an official record maintained by a driver’s licensing authority, 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 indications of disregard for public safety and must be considered. A violation of size and weight laws should also be considered.
Contact Info: FMCSA Information Line, 1-800-832-5660
Note: This guidance document does not have the force and effect of law and is not meant to bind the public in any way. It is intended only to provide information and clarity regarding existing requirements under the law or agency policies.