Driver Notification Requirements

Clarification of Driver Notification Requirements

05/01/2013 - Despite elimination of State notification, the following driver/employer notification rules remain in effect:

§383.31 CDL drivers convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation) shall notify his/her current employer of such conviction. The notification must be made within 30 days after the date that the person has been convicted.

Notification: The notification to the employer must be made in writing and contain the following information:

(1) Driver's full name (2) Driver's license number (3) Date of conviction (4) The specific criminal or other offense(s), serious traffic violation(s), and other violation(s) of State or local law relating to motor vehicle traffic control, for which the person was convicted and any suspension, revocation, or cancellation of certain driving privileges which resulted from such conviction(s) (5) Indication whether the violation was in a commercial motor vehicle (6) Location of offense (7) Driver's signature

Question 1:

Must an operator of a Commercial Motor Vehicle (CMV) (as defined in §383.5), who holds a CDL, notify his/her current employer of a conviction for violating a State or local (non-parking) traffic law in any type of vehicle, as required by §383.31(b), even though the conviction is under appeal?

Guidance: Yes. The taking of an appeal does not vacate or annul the conviction, nor does it stay the notification requirements of §383.31. The driver must notify his/her employer within 30 days of the date of conviction.

§ 391.25 Each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator's license or permit during the time period, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to §391.15.

(1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).

(2) The motor carrier must consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.