What Are the Pre-Hire Inquiry and Annual Driving Record (MVR) Review Requirements?

Before and after a driver is hired, a motor carrier checks two kinds of history: the driver's state driving records and the driver's safety performance with past DOT-regulated employers. Section 49 CFR 391.23 covers the pre-hire inquiries, and 49 CFR 391.25 covers the yearly driving record check. Both apply except as provided in Subpart G of Part 391.

The hire MVR. Within 30 days after employment begins, the carrier asks each state licensing authority where the driver held or holds a license or permit in the preceding 3 years for the driver's motor vehicle record (MVR) covering those 3 years (49 CFR 391.23(a)(1)). The MVRs go in the driver qualification file within the same 30 days. If a state does not respond, the carrier documents a good faith effort (49 CFR 391.23(b)).

The safety performance history. The carrier investigates the driver's safety performance history with DOT-regulated employers during the preceding three years (49 CFR 391.23(a)(2)). From previous employers who used the driver to operate a CMV, it requests identification and employment verification and the driver's accident information (49 CFR 391.23(d)). Each contact or attempt is recorded, and the replies or good faith documentation go in the driver investigation history file within 30 days after employment begins (49 CFR 391.23(c)). Previous employers must respond within 30 days after receiving the request (49 CFR 391.23(g)(1)).

The drug and alcohol part. For previous DOT-regulated employers that tested the driver, the carrier also asks about drug and alcohol violations in the past three years and about SAP and return-to-duty completion (49 CFR 391.23(e)). Since January 6, 2023, FMCSA-regulated carriers use the Clearinghouse for this with respect to FMCSA-regulated employers (49 CFR 391.23(e)(4)). Requests still go directly to employers under other DOT agencies. The previous employer check and FMCSA pre-employment drug test FAQs cover that side, and the Clearinghouse FAQ covers the query.

Driver rights. Before any hiring decision, the carrier tells applicants with recent DOT-regulated employment that they may review the information from previous employers, have errors corrected and attach a rebuttal (49 CFR 391.23(i)(1)). A written request to review must be met within five business days (49 CFR 391.23(i)(2)).

The annual MVR inquiry. At least once in each 12-month period, the carrier obtains the MVR of each driver it employs from each licensing authority where the driver held a CMV license or permit, covering at least the preceding 12 months (49 CFR 391.25(a)).

The annual review. In the same period, the carrier reviews the MVR to decide whether the driver meets minimum requirements for safe driving or is disqualified under 49 CFR 391.15. It considers evidence of FMCSR and hazardous materials violations, the accident record and traffic violations. It gives great weight to violations such as speeding, reckless driving and driving under the influence (49 CFR 391.25(b)). A copy of the MVR and a note with the reviewer's name and the review date go in the DQ file (49 CFR 391.25(c)).