(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 each driver's licensing authority where the driver held a commercial motor vehicle operator's license or permit during the time period.
(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.
(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).
(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)(1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver's qualification file.
(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.
[63 FR 33277, June 18, 1998, as amended at 73 FR 73127, Dec. 1, 2008; 87 FR 13209, Mar. 9, 2022; 87 FR 59036, Sept. 29, 2022]
Notes of Decisions
Harris v. Velichkov, 860 F. Supp. 2d 970 (D. Neb. 2012).
“All of those requirements make sense when a motor carrier is actually employing a driver, i.”
Carberry v. Golden Hawk Transp. Co., 402 S.W.3d 556 (Ky. Ct. App. 2013).
“A check of his driving history, as required by 49 CFR § 391.25 , revealed a few driving violations over a lengthy career but not enough to make him unfit to handle a big rig.”
Roberts v. Cowan Distrib. Servs., LLC, 58 F. Supp. 3d 593 (E.D. Va. 2014).
· cites it 2× “) Defendants performed an annual inquiry and review of driving records for its drivers in accordance with 49 C.F.R. § 391.25 . (Stipulation No. 264.”
United Transp. Union Local 1589 v. Suburban Transit Corp., 51 F.3d 376 (3rd Cir. 1995).
“25 , a Department of Transportation regulation requiring motor carriers to review annually their drivers’ records to ascertain whether any of their drivers are disqualified to drive a motor vehicle under 49 C.F.R. § 391.”
Resser v. J.B. Hunt Transp., Inc. (M.D. Penn. 2022).
· cites it 2× “Hunt, as such is mandated by 49 C.F.R. § 391.25 ; d. all documents related to any audits of Defendant Ricketts’[s] driver qualification file performed by the Department of Transportation; e.”
Louis Magnifico Vs. Nathaniel James (l-4279-16, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
“In the 2007 and 2013 driver's abstract reviews, James was found to meet the requirements for safe driving according to 49 C.F.R. §391.25 . John Collas, Millburn's Supervisor of Roads and Sewers, testified Millburn relied on National Safety Compliance, Inc.”
Rivera v. TransAm Trucking CA4/2 (Cal. Ct. App. 2022).
“In compliance with federal regulations, TransAm reviewed Gouvion’s driving record (49 C.F.R. 391.25) and provided Gouvion with “entry-level driver training” (49 C.”
Starr Indem. & Liab. Co. v. YRC, Inc. (N.D. Ill. 2018).
“6 (Count III); and the annual inquiry and review of driving record, maintenance of driver qualification files, and duty to conform to the speed limit requirements of 49 C.F.R. §§ 391.25 , 391.51, and 392.6 (Count IV).”
Starr Indem. & Liab. Co. v. YRC, Inc. (N.D. Ill. 2018).
“6; and (3) the annual inquiry and review of driving record, maintenance of driver qualification files, and duty to conform to the speed limit requirements of 49 C.F.R. §§ 391.25 , 391.51, and 392.6. [J/d.”
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