FMCSA Confirms Third-Party Driving Record Monitoring Systems Meet §391.25 Requirements

Motor carriers are required under 49 CFR §391.25 to conduct an annual review of each driver’s motor vehicle record (MVR) to ensure they remain qualified to operate a commercial motor vehicle. Traditionally, this has meant requesting driving records from each state where the driver holds or has held a commercial driver’s license (CDL) or permit.

But what if a third-party system can do that automatically?

The Federal Motor Carrier Safety Administration (FMCSA) has clarified that the use of a third-party computerized system does satisfy the requirements of §391.25(a) if it:

1. provides a complete MVR from all relevant states when a driver is enrolled, and
2. issues real-time updates any time a state licensing agency adds new information to a driver’s record.

To comply with §391.25(b) and (c), a motor carrier manager must review the MVR and document the review. If the computerized system logs the identity of the manager who reviewed the record and when the review took place, that will satisfy the federal requirements for documenting this process.

FMCSA further clarified that paper copies of driving records or review notes are not required, provided the motor carrier uses a system compliant with 49 CFR §390.31.

Under §390.31, motor carriers may maintain electronic records in lieu of paper, as long as:

1. signatures are not required (which they aren’t in this case), and
2. the carrier can produce a computer printout upon request by a federal or state enforcement official.

This is great news for safety managers and compliance officers. A properly configured automated MVR monitoring system streamlines the review process, ensures timely updates on driver status, and reduces paperwork while staying fully compliant.

If your company uses or is considering using a License Monitor or similar third-party system, rest assured that as long as it meets the outlined criteria, it satisfies all federal requirements under §391.25.

Insurance carriers prefer continuous MVR monitoring. First, it provides real-time updates on driver status, allowing companies to promptly address any issues that may arise, such as license suspensions or infractions. This proactive approach not only enhances safety but also ensures that only qualified drivers are behind the wheel, thus reducing the risk of accidents and improving overall operational efficiency.

In the event of a litigation DOT claim, continuous MVR monitoring can have a significant positive impact. Accurate and up-to-date records demonstrate a carrier’s commitment to maintaining high safety standards and regulatory compliance. This evidence can be crucial in defending against claims and minimizing potential liabilities. By showcasing a proactive stance in monitoring and managing driver qualifications, carriers can build a stronger defense and potentially mitigate the consequences of any legal challenges.

Need help assessing your driver qualification file processes or choosing a compliant monitoring system? Reach out. We’re here to help you stay safe and compliant.