Comment period on record of violations regulation ends Feb. 12

February 11, 2021

Mark Schremmer

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Comments on the Federal Motor Carrier Safety Administration’s proposal to eliminate a “duplicative” regulation that requires drivers to submit a list of traffic convictions to their employers will be accepted through Friday, Feb. 12.

FMCSA published a notice of proposed rulemaking to end the redundancy in December. The agency estimates eliminating the requirement would save about $4 million each year.

“This requirement is largely duplicative of a separate provision that requires a motor carrier to make an annual inquiry to obtain the motor vehicle record for each driver it employs from every states in which the driver holds or has held a commercial motor vehicle operator’s license or permit in the past year,” the notice of proposed rulemaking stated. “To ensure motor carriers are aware of traffic violations for a driver who is licensed by a foreign authority rather than by a state, that provision would be amended to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a commercial motor vehicle operator’s license or permit.”

According to FMCSA, the change would require motor carriers to request equivalent records from Canadian and Mexican driver’s licensing authorities.

“FMCSA expects that removing the requirement for drivers to provide a list of their convictions for traffic violations to their employers annually would reduce the paperwork burden on drivers and motor carriers without adversely affecting commercial motor vehicle safety.”

As of Feb. 11, about 90 comments had been posted to the Regulations.gov website.

“I think the FMCSA proposing this is a great idea,” wrote Richard Robinson of Dundee, Mich. “Most drivers know that along with submitting the written portion on the application for the job in which you are applying, the company also runs the MVR check. Which is all fine and dandy unless you possibly forget to write down one that you may have gotten. Sometimes it’s frowned upon, and some companies will no longer consider your application if this is the case. It’s happened to me. If this is passed, it would make it easier on the driver.”

To comment on the proposal, go here, or go to the Regulations.gov website and enter Docket No. 2018-0224-0001. LL

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