[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR391.25]



[Page 328]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 391_QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS--Table of Contents

 

                   Subpart C_Background and Character

 

Sec. 391.25  Annual inquiry and review of driving record.



    (a) Except as provided in subpart G of this part, each motor carrier 

shall, at least once every 12 months, make an inquiry into the driving 

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.

    (b) Except as provided in subpart G of this part, each motor carrier 

shall, at least once every 12 months, review the driving 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 Sec. 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.

    (c) Recordkeeping. (1) A copy of the response from each State agency 

to the inquiry required by paragraph (a) of this section shall be 

maintained in the driver's qualification file.

    (2) A note, including the name of the person who performed the 

review of the driving record required by paragraph (b) of this section 

and the date of such review, shall be maintained in the driver's 

qualification file.



[63 FR 33277, June 18, 1998]