A driver qualification file that's missing an annual motor vehicle record (MVR) is one of the easiest violations for an auditor to find. Every motor carrier must pull and review an MVR for each CDL driver at least once every 12 months according to regulation 49 CFR §391.25.
The regulation is specific:
"Annual" means within 12 months of the previous review, not by calendar year end. If a driver's last MVR review was dated March 15, 2026, the next one must be completed by March 14, 2027.
Request the driver's motor vehicle record from the state DMV or through an authorized MVR provider. For drivers who held licenses in multiple states during the year, you need to pull an MVR from each state.
The MVR must be the official state record, not a self-reported driving history from the driver. Driver-provided records aren't acceptable substitutes.
Check the MVR against the disqualifying offenses listed in 49 CFR §391.15 and §383.51.
A driver is disqualified from operating a CMV if the MVR shows any of the following:
| Offense | Disqualification Period |
|---|---|
| DUI/DWI, alcohol or controlled substances | 1 year (first offense), lifetime (second) |
| Leaving the scene of an accident | 1 year (first offense), lifetime (second) |
| Commission of a felony involving a CMV | 1 year (first offense), lifetime (second) |
| Operating a CMV with a revoked/suspended/cancelled CDL | 1 year (first offense), lifetime (second) |
| Causing a fatality through negligent operation of a CMV | 1 year (first offense), lifetime (second) |
Multiple serious violations trigger escalating disqualification:
| Serious Violations Within 3 Years | Disqualification Period |
|---|---|
| 2 serious violations | 60 days |
| 3 or more serious violations | 120 days |
Serious violations include: excessive speeding (15+ mph over), reckless driving, improper or erratic lane changes, following too closely, traffic offense committed in connection with a fatal accident, driving a CMV without a CDL, and driving without a CDL in possession.
| Violations Within 3 Years | Disqualification Period |
|---|---|
| 1 violation | 60 days |
| 2 violations | 120 days |
| 3 or more violations | 1 year |
Not every violation on an MVR is disqualifying. But patterns matter. The reviewing official should note:
These don't automatically disqualify a driver, but they inform your risk assessment and may trigger additional monitoring or retraining. And a string of moving violations, which wouldn't individually disqualify someone, can still tell you a lot about where that driver is headed.
The carrier official reviewing the MVR must: - Sign and date the review document - Note any violations found - Record the determination: driver remains qualified, or driver is disqualified pending resolution
This signed review, along with the MVR itself, goes into the driver's DQF. Both documents are required. The MVR alone, without a signed review, doesn't satisfy §391.25. Carriers get cited on this point constantly.
“Pulling the MVR is half the requirement. The other half is the documented review, a carrier official must sign off confirming they examined the record and determined the driver's qualification status. We see carriers that pull MVRs on time but never document the review. That is still a violation.”
Foley Compliance Team, FMCSA-Registered C/TPA
If the MVR reveals a disqualifying offense:
One instance is enough. Operating a disqualified driver is classified as an acute violation under FMCSA safety fitness standards. A single occurrence can trigger enforcement action, including a conditional or unsatisfactory safety rating.
Plenty of fleets now use continuous MVR monitoring programs that provide real-time alerts when a driver's record changes.
| Feature | Annual MVR Review (§391.25) | Continuous MVR Monitoring |
|---|---|---|
| Required by federal law | Yes | No |
| Frequency | At least every 12 months | Real-time or near-real-time |
| Documented in DQF | Required | Recommended |
| Catches violations between reviews | No, only at time of pull | Yes, alerts on new activity |
| Signed carrier official review | Required | Not a substitute for §391.25 review |
| Cost | Per-pull MVR fee | Monthly/annual subscription |
| Satisfies FMCSA audit requirement | Yes (when documented) | No, annual review still required |
Use continuous monitoring to catch problems in real time. Use the annual review to satisfy the regulatory requirement and maintain a clean DQF.
Carriers that rely solely on the annual review have a 12-month blind spot. A driver could get a DUI conviction the day after their MVR is pulled and keep driving for nearly a year before the next review catches it. Continuous monitoring closes that gap.
But carriers that rely solely on continuous monitoring and skip the documented annual review will fail a compliance review, even if they catch every violation in real time. You need both.
FMCSA investigators cite these MVR-related issues most frequently:
Maintain a centralized schedule. Track every driver's last MVR review date and set 30-day advance alerts for the next one. Don't rely on memory or calendar reminders.
Pull MVRs from all relevant states. Check each driver's CDL record to determine if they held licenses in multiple states during the review period.
Designate specific officials to conduct reviews. Not every employee should sign off on MVR reviews. Designate qualified officials who understand disqualifying offenses and can make accurate fitness determinations.
Use a standardized review form. A consistent form ensures every review covers the same checklist: disqualifying offenses, serious violations, accident history, license status, and the fitness determination.
File the MVR and signed review together in the DQF. Both documents are required. An MVR without a signed review is a violation. A signed review without the underlying MVR is also a violation. Keep them together.
For a complete list of all DQF documents and their requirements, see our DQF Checklist. For DQF retention timelines, see our related article: How Long to Keep a Driver Qualification File.
Under 49 CFR §391.25, every motor carrier must obtain and review an MVR for each driver at least once every 12 months. The review must be conducted by a designated carrier official and documented in the driver's qualification file.
Under 49 CFR §391.15, disqualifying offenses include driving under the influence of alcohol or drugs, leaving the scene of an accident, using a CMV in the commission of a felony, and operating a CMV while the CDL is suspended, revoked, or cancelled. Additional disqualifications under §383.51 include railroad-highway grade crossing violations and using a CMV to transport hazmat while the CDL is revoked.
The carrier must immediately remove the driver from safety-sensitive functions. Operating a disqualified driver is an acute violation under FMCSA safety fitness standards, meaning a single occurrence can trigger enforcement action and affect your safety rating.
No. Continuous MVR monitoring is a supplement, not a replacement. Even with real-time monitoring in place, FMCSA still requires a documented annual MVR review in the DQF under §391.25. The annual review is a regulatory obligation that cannot be substituted.
A designated carrier official must review the MVR, note any violations or issues, and sign the review document. The driver does not sign the MVR review, this is a carrier-side compliance obligation. The signed review is filed in the driver's DQF.