Reviewing the Annual MVR

Magnifying Glass Reviewing Documents

(FMCSR Part 383.51)

When reviewing the annual MVR of a driver holding a CDL, the manager should be looking at any convictions for “Serious Traffic Violations”.  The manager should be assessing how many have occurred, was the conviction in a commercial motor vehicle or personal vehicle, and when the convictions occurred.  CDL holders are penalized if they accrue too many violations within a certain period.

How many convictions of a serious traffic violation should you look for?

If a driver has 2 convictions of a serious traffic violation that occurred in the commercial motor vehicle within a 3 year period, his CDL is automatically suspended for 60 days.

If a driver has 3 convictions of a serious traffic violation that occurred in the commercial motor vehicle within a 3 year period, his CDL is automatically suspended for 120 days.

Do convictions of serious traffic violations that occurred in a non-commercial motor vehicle count?

Yes, IF the conviction resulted in the revocation, cancellation, or suspension of the CDL holder’s license or non-CMV driving privileges.

If a driver is convicted of serious traffic violation in a non-commercial motor vehicle that doesn’t result in revocation, cancellation, or suspension of the CDL holder’s license or non-CMV driving privileges, the offense will not be considered.

When reviewing and evaluating the MVR, what red flags does the manager look for?

He/she should be looking for convictions of serious traffic violations as outlined above within the time periods as outlined above.  For example, if a driver has 1 conviction of a serious traffic violation, the manager should point this out to the driver and remind him that just 1 more conviction could result in the suspension of the CDL for 60-120 days.

If excessive points are on the MVR, the manager should evaluate what the points consist of, particularly if they have accumulated in the commercial motor vehicle.  He/she should then counsel the driver accordingly.  A consultation with the company liability insurance agent would be appropriate in the case of excessive points.

Is the driver required to notify the motor carrier of convictions and/or suspensions of license?

Yes, FMCSR Part 383.31 clearly states that the driver must notify the employer when convicted of any traffic violation (other than parking) within 30 days after the date of conviction.  In addition, a driver must notify his resident state of any convictions of a traffic violation (other than parking) that occurred in another state within 30 days of the conviction.

The notification to the state and the employer must be made in writing and contain the following information:  Full name, license number, date of conviction, the specific offense, indicate whether the conviction was in a commercial motor vehicle, location offense and driver’s signature.

FMCSR Part 383.33 clearly states that any driver who has a driver’s license suspended, cancelled, or revoked or loses the right to operate a commercial motor vehicle due to disqualifying offenses for any period of time, must notify the employer before the end of the business day following the day of the suspension, revocation, cancellation, lost privilege, or disqualification.

*Definition of Serious Traffic Violation

(FMCSR Part 383.5)

  1. Excessive speeding, involving any single offense for any speed of 15 miles per hours or more above the posted speed limit
  2. Reckless driving, as defined by State or local law or regulation, including but not limited to offenses of driving a CMV in willful or wanton disregard for the safety of persons or property
  3. Improper or erratic traffic lane changes
  4. Following the vehicle ahead too closely
  5. A violation, arising in connection with a fatal accident, of State or local law relating to a motor vehicle traffic control
  6. Driving a CMV without obtaining a CDL
  7. Driving a CMV without a CDL in the driver’s possession. (If the driver can provide proof that he/she held a valid CDL by the date the driver must appear in court, he/she shall not be guilty of this offense)
  8. Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or the type of cargo being transported Contact us today to get set up for background checks and motor vehicle reports! We are proud to be your one-stop-shop for DOT compliance!

Hire Smart! Implement Investigative Reporting Today!

Criminal Records Search

Why is investigative reporting a ‘must’ for all corporations? Negligent hiring lawsuits are on the rise. If an employee’s actions hurt someone, the employer may be liable! In today’s world, crime, fraud, and drug abuse rates continue to rise and there is no such thing as being ‘too’ careful as it relates to your hiring and human resource practices. NTA, Inc. has a full system of technology that works strategically to obtain the most current, detailed, and accurate information available. We offer a combined service that provides our clients with complete reports in record time. We proudly guarantee that our information is current and updated with the state’s system daily. While most state reporting agencies provide a 7-14 day turnaround time on their reports, we provide our Motor Vehicle Reports within an average of 24 hours or less. Being an all-inclusive Third Party Administrator, we consistently offer products and solutions that are extremely affordable, priced much lower than the competition. Our highly-trained, dedicated staff is available to help you choose which reports will suit your needs. Hire smart and stay vigilant with our full line of investigative reports including:

 

  • State and National Criminal Background Checks
  • Motor Vehicle Reports
  • National & International Education Verification
  • Employment Verification
  • Credit Checks
  • Workers Compensation Reports
  • Social Security Traces
  • Eviction Reports

 

For more information, contact us today at 1.800.452.0030!

Pre-Adverse and Adverse Action Notices

Request For Background Check

Have you ever run a background check on an applicant, or a current employee for hiring, promoting or transferring purposes? Have you ever gotten back negative information on a background check? What did you do?  Many employers see these questions as straightforward you may even think “wouldn’t you deny the applicant and move on?” If you do, you could be at risk for a lawsuit.

The Fair Credit Reporting Act (FCRA) requires that when an employer decides not to hire an applicant based on the information contained in a background check, they must provide a written notice to the applicant before taking the adverse action. This notice is known as a pre-adverse action notice. Pre-adverse action notices should notify the applicant that you may take adverse action as well as provide them a copy of the consumer report and, a summary of their rights under the fair credit reporting act.

The purpose of the notice is to allow the applicant to review the information contained in the report. If the report is inaccurate or incomplete, the applicant should contact the consumer reporting agency that provided the background report. The employer should allow a reasonable length of time after the notice is sent before making a final decision; 5-10 business days is our recommendation. If your final decision is to deny employment, then you must follow up with the adverse action notice.

If you have any questions on background checks, or investigative reports call 1.800.452.0030 ext. 0!