By Michael Nielsen, Publisher | 15+ Years in Diesel Repair
Last Updated: October 2026
FMCSA MVR requirements are the rules in 49 CFR Part 391 that make a motor carrier obtain and review each driver's motor vehicle record (MVR) from the state licensing authority, once soon after hire and then at least every 12 months. A missing, late, or undocumented MVR review is one of the easiest findings for an auditor to confirm in a driver qualification file.
This Heavy Duty Journal guide checks the pre-hire and annual rules against the current regulation text, explains what changed in 2022, covers disqualifying and serious violations, and shows how to order, store, and track MVRs. It quotes no fine amounts or verdict figures, and it does not reproduce a state lookback chart, because those cannot be verified in one place.
Key Takeaways
- ✓Pre-hire MVR: inquiry within 30 days of hire. 49 CFR 391.23 requires an inquiry to each licensing authority where the driver held a license in the prior 3 years, with the record placed in the driver qualification file within 30 days of the date employment begins.
- ✓Annual MVR: at least every 12 months. 49 CFR 391.25 requires an annual inquiry and a documented review, with a note in the file naming the reviewer and the date, and "annual" means 12 months from the last review, not a calendar year.
- ✓The annual list of violations is gone. FMCSA rescinded 49 CFR 391.27 in 2022, so drivers no longer file a yearly list, but the annual MVR inquiry in 391.25 remains.
- ✓State lookback tables are unreliable. The federal rule sets the inquiry window, not what each state's record shows, so confirm what each licensing authority reports instead of relying on a copied chart.
FMCSA MVR Requirements: What the Rules Say
A motor vehicle record is the driving history a state licensing authority holds for a driver, including license status, convictions, and other entries the state chooses to report. It differs from a criminal background check, and from the Drug and Alcohol Clearinghouse, which tracks testing violations rather than driving history.
Part 391 sets three MVR duties for each driver a carrier employs: a pre-hire inquiry (391.23), an annual inquiry and review (391.25), and retention in the driver qualification file (391.51). The rules apply to carriers subject to Part 391 regardless of fleet size, so a one-truck carrier follows the same steps as a large fleet.
HDJ's FMCSA compliance requirements guide shows where the MVR sits among the other driver qualification items, and its DOT compliance checklist for fleets covers the wider checklist.
Pre-Hire MVR Requirements
Under 49 CFR 391.23(a)(1), the carrier must make an inquiry, within 30 days of the date the driver's employment begins, to each licensing authority where the driver held or holds a license or permit during the preceding 3 years, to obtain that driver's MVR covering the prior 3-year driving history. The text is on eCFR.
30 days / 12 months
The two MVR clocks: the pre-hire inquiry within 30 days of the date employment begins (49 CFR 391.23) and a reviewed MVR at least once every 12 months (49 CFR 391.25).
Under 391.23(b), a copy of each MVR goes into the driver qualification file within 30 days of the date employment begins. If a licensing authority does not respond, the carrier must document a good faith effort to obtain the record, and the inquiry must be made in the form and manner each authority prescribes.
Many guides say a carrier cannot hire a driver until the MVR arrives. The regulation does not say that: it sets a 30-day inquiry deadline from the start of employment. It does require, under 391.23(m), that the carrier use the CDLIS MVR from the current licensing State to verify the driver's self-certified type of operation and medical certification before the driver operates a CMV, so in practice most carriers have the MVR in hand before dispatch.
The MVR is separate from the safety performance history investigation in 391.23(a)(2), which covers DOT-regulated employers from the previous three years, and from the Clearinghouse query. HDJ's DOT drug testing requirements guide covers the Clearinghouse side.
Annual MVR Review Requirements
Under 49 CFR 391.25(a), the carrier must at least once every 12 months make an inquiry to obtain the MVR of each driver it employs, covering at least the preceding 12 months, to each licensing authority where the driver held a commercial motor vehicle license or permit during that period. Under 391.25(b), the carrier must also review the record at least once every 12 months. See the text at Cornell's CFR page.
The review decides whether the driver meets minimum requirements for safe driving or is disqualified under 391.15. The carrier must consider evidence of violations of the Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations, consider the driver's accident record and traffic law violations, and give great weight to speeding, reckless driving, and driving under the influence.
A note with the reviewer's name and the date of review must be kept in the driver qualification file. "Annual" means within 12 months, so measure from the last completed review. HDJ's CDL expiration tracking guide covers calendaring this date with the license and medical dates.
In 2022 FMCSA rescinded 49 CFR 391.27, the rule that required each driver to give the carrier an annual list of traffic convictions. The Federal Register final rule keeps the annual MVR inquiry in 391.25(a). Older guides that still tell carriers to collect a yearly list are out of date, though drivers still have notification duties under Part 383 when convicted.
Free DOT Status Check
Enter a USDOT number and quickly review public carrier status, operating authority and key FMCSA registration data.
What to Look for on the Record
A driver disqualified under 49 CFR 391.15 cannot drive a CMV for the carrier, and 49 CFR 383.51 sets the disqualification periods for CDL holders. Serious traffic violations include excessive speeding of 15 mph or more over the limit, reckless driving, improper or erratic lane changes, and following too closely. Trade summaries of 383.51 report that two serious violations within three years bring a 60-day disqualification and three bring 120 days, so read the regulation before acting.
Key Recommendation
Set each driver's next MVR review from the date of the last completed review, not the hire date or the calendar year, and have the reviewer sign and date the note the same day.
Major offenses carry longer disqualifications, and a second major offense can mean a lifetime disqualification, so a DUI, leaving the scene of a crash, or using a CMV to commit a felony needs a look at 383.51 for the exact period. Hazardous materials and other special cases have their own rules, so do not rely on a summary table.
Beyond disqualification, look for patterns: repeated speeding, accidents, suspensions, or entries that do not match the application. Write your hiring and retention criteria down and apply them consistently, since a policy is more defensible than a case-by-case judgment. HDJ's background checks guide for fleet mechanics covers similar screening for shop hires.
State Differences and Ordering MVRs
Each state decides what its MVR shows and for how long, which is why published lookback charts disagree and age quickly. The federal rule sets the inquiry window (3 years pre-hire, 12 months annually), not what each state reports, so ask the licensing authority what its record covers and keep a short note per state you hire from.
You can order MVRs directly from each state or through a third-party provider that accesses many states. A provider can speed things up, but you remain responsible for the result, so confirm it follows the Driver's Privacy Protection Act and the Fair Credit Reporting Act and returns records you can defend in an audit. If a driver held licenses in more than one state in the window, you need a record from each.
Check the record against the application and the license: name, date of birth, license number, and class should match. A mismatch is a reason to stop and clarify before dispatch.
Records, Retention, and Tracking
The driver qualification file must hold the pre-hire MVR and, each year, the new MVR and the review note. FMCSA's driver qualification file checklist lists retention for each item, and it shows the annual MVR review and its note are kept for 3 years from the date of execution, while other file items are kept while the driver is employed and for 3 years afterward. Confirm the exact period for each item in 49 CFR 391.51.
Track four clocks per driver: license expiration, medical certification, the annual MVR review, and the annual Clearinghouse query. The MVR and Clearinghouse dates have no card or sticker behind them, so a calendar is the control. HDJ's fleet compliance management software guide covers tools that alert before a date lapses.
Medical certification information now flows through the MVR for many CDL holders, since 391.23(m) points carriers to the CDLIS MVR. The paper medical card exemption is scheduled to end October 11, 2026, per FMCSA's Federal Register notice, so check how your states report certification and keep the file consistent.
Frequently Asked Questions
How often must a carrier get a driver's MVR?
Once soon after hire, with the inquiry made within 30 days of the date employment begins under 49 CFR 391.23, and then at least once every 12 months under 49 CFR 391.25. Measure the 12 months from the last review.
Can a driver start before the MVR arrives?
The rule sets a 30-day inquiry deadline from the start of employment, but 391.23(m) requires verifying CDLIS MVR information, including medical certification, before the driver operates a CMV. Most carriers get the MVR first.
Do drivers still give an annual list of violations?
No. FMCSA rescinded 49 CFR 391.27 in 2022. The annual MVR inquiry and review in 391.25 remain, and drivers still have conviction notification duties under Part 383, so keep that policy current.
What goes in the file for the annual review?
The MVR obtained for the review and a note showing the reviewer's name and the date. FMCSA's checklist shows these items are kept for 3 years from the date of execution, so confirm retention in 49 CFR 391.51.
Do state lookback periods change the federal requirement?
No. The inquiry covers the prior 3 years pre-hire and at least 12 months annually, but each state decides what its MVR reports. Ask each licensing authority what its record covers instead of relying on a chart.
Is a third-party MVR service allowed?
Yes, if it returns the licensing authority's record and follows applicable privacy and consumer reporting laws. You remain responsible for obtaining, reviewing, and documenting the MVR, so keep the report and the review note together.
The Bottom Line
FMCSA MVR requirements come down to two clocks, a 30-day pre-hire inquiry and a reviewed MVR every 12 months, plus a signed, dated note in the file. The most useful correction is that the annual list of violations is no longer required.
Heavy Duty Journal's guidance at heavydutyjournal.com, from publisher Michael Nielsen and the HDJ editorial team, is to calendar from the last review date, name an owner, and verify any state-specific detail with the licensing authority.
As of October 2026, 49 CFR 391.23 was amended in 2026, so confirm the current text on eCFR before updating procedures.
Send This to Your Safety Manager
Know a fleet still collecting an annual list of violations from drivers? Pass this along so the file matches the current rule.
