FMCSA aims to end ‘duplicative’ traffic convictions report

The Federal Motor Carrier Safety Administration wants to eliminate a “duplicative” regulation that requires commercial motor vehicle drivers to submit a list of their convictions for traffic violations to their employers annually.

A notice of proposed rulemaking is scheduled to publish in the Federal Register on Monday, Dec. 14.

“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.”

The agency said this proposal is part of its regulatory reform efforts “to remove costly, redundant and burdensome regulations.”

Under current regulations, at least once every 12 months an interstate commercial motor vehicle driver must provide the motor carrier a list of all violations of motor vehicle traffic laws and ordinances (not including parking tickets) of which the driver has been convicted or for which the driver has forfeited bond or collateral during the past 12 months. Drivers without violations to report are currently required to furnish their motor carrier with a certification to that effect. Motor carriers also must retain these records under the current regulations.

FMCSA estimates that eliminating the requirement would save about $4 million each year.

“FMCSA does not expect this proposed rule would negatively affect commercial motor vehicle safety,” the notice stated. “Motor carriers will still be required to make an inquiry at least annually to each driver’s licensing authority in which an employed driver holds or has held a commercial motor vehicle operator’s license or permit to obtain the motor vehicle record of each driver they employ. Thus, motor carriers would still have a reliable way to learn of any convictions for traffic violations incurred by their driver employees.”

Once the notice is published in the Federal Register, there will be a 60-day public comment period. Comments will be able to be made at the Regulations.gov website by entering Docket No. FMCSA-2018-0224. LL

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