Annual Record of Violations Requirement

The requirement for the driver to provide the annual COV to the motor carrier is being eliminated as of May 9, 2022.


Final Rule:  FMCSA Eliminates 49 CFR 391.27 Annual Record of Violations Requirement (certification of violation if no violation, herein referred to COV).

Effective Date:  May 9, 2022

What is Changing: FMCSA is eliminating the duplicative measure for each motor carrier to require the driver it employs to prepare and furnish to the motor carrier a COV for which the driver has been convicted or has forfeited bond or collateral during the preceding 12 months. 

In addition, for purposes of obtaining a motor vehicle record (MVR), FMCSA has replaced the term “state” with “licensing authority.” This ensures motor carriers recognize Canada and Mexico as foreign agencies for which a driver can be licensed.  

To view our blog post on this subject, select the link below:

Key Takeaways For You

  • Motor carriers will still be required to obtain MVRs annually from each licensing authority for which the driver holds, or has held, a commercial motor vehicle operator’s license or permit (per 49 CFR 391.25).
  • Motor carriers will continue to conduct an annual review of driving records per 49 CFR 391.25.
  • Motor carriers must retain all COV’s obtained before May 9, 2022 in the DQ File for 36 months from the document date.
  • The term “state” is being replaced with “licensing authority” to ensure foreign agencies such as Canada and Mexico are included when obtaining MVRs for hiring and annual review purposes. 
  • For hiring purposes, carriers must continue to run an MVR from each licensing authority where the driver holds or held a license in the preceding three years. When no MVR is received from the licensing authority, the final rule also eliminates the requirement for a carrier to certify that no record exists.

The DOT application for employment per 49 CFR 391.21 will now require the driver to list each driver’s licensing authority of unexpired CMV operator’s license or permit.