Annual review of driving record: the yearly MVR review, step by step

Once a year, for every driver you employ, you pull their motor vehicle record, read it, decide whether they still meet your standards and the federal ones, and put a dated note in their qualification file. That is the annual review of driving record, and it is one of the easiest requirements to fall behind on, because nothing reminds you when it comes due.

This guide covers what the rule says, how to do the review in practice, and what the note in the file should contain. There is a template you can copy at the end.

What 49 CFR 391.25 says

The rule is short. You can read it in full at Cornell's Legal Information Institute. With limited exceptions, it asks two things of each motor carrier, for each driver, at least once every 12 months:

1. Get the record. Make an inquiry to obtain the driver's motor vehicle record, covering at least the preceding 12 months, from every state where the driver held a commercial motor vehicle license or permit during that time.
2. Review it. Review the record to decide whether the driver meets the minimum requirements for safe driving or is disqualified under 391.15.

When you review, the rule says you must consider any evidence that the driver has violated the federal motor carrier safety or hazardous materials regulations, and the driver's accident record and any evidence of violations of laws governing the operation of motor vehicles. It tells you to give great weight to violations such as speeding, reckless driving and operating under the influence, because they show a disregard for public safety.

Two things then go in the driver qualification file: a copy of the motor vehicle record, and a note that includes the name of the person who did the review and the date of the review.

Doing the review, step by step

1. Know the due date. Count 12 months from the last review for that driver. If you have never done one, or cannot find the last note, treat it as due now.

2. Order the record early. Start two to four weeks before the due date. Records come from the state licensing agency, either directly or through an MVR vendor, and turnaround and fees vary by state. A driver who held licenses in more than one state in the last year needs a record from each.

3. Read it against your standards. Look for:

• convictions for moving violations, and when they happened;
• accidents on the record;
• suspensions, revocations, cancellations or disqualifications;
• the license status, class and endorsements, and whether they still fit the work the driver does;
• for CDL drivers, the medical certification status shown on the record.

Compare what you find with your company's own driver standards, if you have written ones, and with the disqualifying offenses in 391.15 and, for CDL holders, Part 383. Whether a given violation disqualifies a driver can depend on the offense, the state and the vehicle, so when in doubt, ask someone qualified before deciding.

4. Decide and act. Most reviews end with "no change." If the record shows something serious, the review is where you decide what happens next: a conversation, more training, a change of duties, or taking the driver off the road. Write down what you decided.

5. Write the note and file it. Put the record and the signed note in the driver's qualification file the same day.

6. Set the next date. The next review is due 12 months from this one. Write it down somewhere you will see it.

What the note should contain

The rule asks for two things on the note: the name of the person who did the review and the date. Many carriers use a short form that also records the driver, where the record came from and the outcome, so the file tells the whole story on one page.

ANNUAL REVIEW OF DRIVING RECORD (49 CFR 391.25)

Company: [Carrier name, USDOT number]
Driver: [Full name]   Unit or employee no.: [Optional]

Motor vehicle record(s) reviewed:
- State: [State]   Record date: [Date]   Obtained from: [State agency or vendor]
- State: [State]   Record date: [Date]   Obtained from: [State agency or vendor]

I reviewed the motor vehicle record(s) listed above for the driver named above, as part of the annual review required by 49 CFR 391.25.

Outcome: [Meets company and federal requirements / Action taken: ...]

Reviewed by: [Name, title]
Date of review: [Date]
Signature: ______________________

Keep it factual. The note records that the review happened, who did it and when. It is not the place for a commentary on the driver.

Mistakes that show up later

• Getting the record but never writing the note. The rule asks for both. A record in the file with no review note does not show that anyone reviewed it.
• Writing the note without a name or date. Those are the two things the note must have.
• Missing a state. A driver who moved, or held a license in a second state during the year, needs a record from each.
• Letting one late review shift every date after it. If a review slips two months, the next one is due 12 months after the late one. Try to pull it back onto schedule rather than drifting later every year.
• Reviewing everyone in one month without checking the gaps. Batching reviews is fine, as long as no driver goes more than 12 months between them.

Annual review and the Clearinghouse query

The annual MVR review and the annual Clearinghouse query are separate requirements under separate parts of the regulations, but they are both yearly, per driver, and easy to track together. Our guide to the FMCSA Clearinghouse annual query explains the second one.

Where DQ Calendar fits

DQ Calendar keeps each driver's annual MVR review on a calendar with its due date, 12 months after the last review you recorded. It emails you 30, 14 and 7 days before each review is due and on the day, then weekly while it is overdue. When you mark a review done, you enter the date, the reviewer's name and where the record came from, and it rolls the due date forward 12 months. For each review it prints an "Annual review of driving record" note with the driver, date, reviewer and a signature line, ready for the file.

It does not order MVRs and it does not store them. You get the record and do the review; DQ Calendar keeps the dates and the dated log of what you recorded.