FMCSA NPRM Driver Violations Repeal

On December 14, 2020, the Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) that would eliminate the requirement that drivers operating commercial motor vehicles (CMVs) in interstate commerce to prepare and submit a list of their convictions for traffic violations to their employer annually.

This requirement is largely duplicative of a separate provision that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record (MVR) for each driver it employs from every State in which the driver holds or has held a CMV operator's license or permit in the past year. To ensure motor carriers are aware of traffic violations for a driver who is licensed by a foreign authority rather than by a State, that provision would be amended to provide that motor carriers must make an annual inquiry to each driver's licensing authority where a driver holds or has held a CMV operator's license or permit. This change would require motor carriers to request the MVR equivalent from Canadian and Mexican driver's licensing authorities. FMCSA expects that removing the requirement for drivers to provide a list of their convictions for traffic violations to their employers annually would reduce the paperwork burden on drivers and motor carriers without adversely affecting CMV safety.

TIA maintains the position that this information should remain private, only to be used as an internal tool for companies to use at their discretion.

To view the proposed rule in its entirety, please click here. 

If you have any questions about this proposed rule, please contact Advocacy@tianet.org.