[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR391.25]

[Page 332]
 
                        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]

[[Page 333]]