Possible Delays with Violations Reporting on MVRs

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8 May 2020

On April 17, 2020, the Federal Motor Carrier Safety Administration (FMCSA) issued a Notice of Enforcement Discretion. This Notice is allowing states extra time to update driving records for drivers with a commercial driver’s license (CDL) or commercial learner’s permit (CPL).

Usually, these records must be updated within ten days of a driver receiving a violation or losing their driving privileges. If this is not done within the time frame, states could lose a portion of their highway funds. Due to the lack of employees or offices being closed caused by COVID-19, FMCSA will not penalize states if they do not meet the requirements. This extension is through June 30, 2020.

The following requirements are allowed the extension:

  • Report a driver’s violation or loss of driving privileges to a national database within ten days.
  • Alert the state of the driver’s license of the violation(s) within ten days.
  • Disqualify a driver promptly after that person has committed a disqualifying offense listed in Part 383.51 of the CFR.
  • Apply a driver’s violation(s) to their license within ten days.

Carriers need to be aware that this extension may cause recent violations to not show up on a driver’s motor vehicle record (MVR). However, a driver should inform a potential employer of any accidents or violations in the prior three years of driving a commercial motor vehicle (CMV) on their application and immediately during employment.