On March 9, the Federal Motor Carriers Safety Association (FMCSA) released a final rule that will remove the requirement for interstate truck drivers to submit an annual list of their convictions to their motor carrier. This final rule is effective on May 9,2022.
This final rule will eliminate § 391.27.
The carrier must continue to conduct an annual inquiry and pull an MVR for every state a driver holds or has held a CMV operator’s license or permit in the previous 12 months. The MVR(s) must be held in the Driver Qualification (DQ) file.
This change also requires carriers to request the MVR equivalent from Canadian and Mexican driver's licensing authorities, if applicable.
This new ruling will also change § 391.23 (Investigation and Inquiries) in the hiring process. Motor carriers must obtain an MVR from the jurisdiction where the driver holds or has held a commercial operator’s license or permit in the preceding 3 years.
The FMCSA will amend § 391.21 (Application for Employment) as drivers will be required to provide on their employment application the issuing driver’s licensing authority of each unexpired CDL or permit so carriers can make the required inquiries.The TruckRight team is working to update the application and required documentation to reflect the new rules.