49 CFR § 391.25
Annual inquiry and review of driving record
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What does 49 CFR § 391.25 require?
49 CFR 391.25 requires the carrier to pull a fresh MVR for each driver at least once every 12 months. The carrier must then REVIEW the MVR: looking for new convictions, accidents, license actions, or any pattern indicating the driver is no longer qualified. The review must be documented in the DQF along with the MVR itself. Annual MVR reviews are one of the most cited DQF audit findings: many carriers pull the MVR but never document a review, or document a review but never pull a fresh MVR. Both the pull AND the documented review are required.
Regulation text (summary)
At least once every 12 months, each motor carrier shall make an inquiry to obtain the motor vehicle record of each driver from every state where the driver held a CMV operator's license during the preceding 12 months. Upon receipt of the MVR, the carrier shall consider any evidence that the driver has violated FMCSA regulations or any applicable state laws, and the driver's continuing qualification under 49 CFR 391.11. The motor carrier shall maintain a record of the MVR inquiry and the carrier's review of the driver's qualification in the DQF.
Read full regulation at eCFR.govWho must comply with 49 CFR § 391.25?
Every motor carrier with at least one CMV driver. The 12-month interval applies to every driver in the fleet: there is no exemption for long-tenured drivers, owner-operators, or part-time drivers. Owner-operators with their own authority must pull and review their own MVR annually. The annual inquiry is separate from the 49 CFR 391.23 at-hire inquiry, both are required.
What happens if you violate 49 CFR § 391.25?
Civil monetary penalties set by 49 CFR 386 Appendix B: up to $1,584 per day, capped at $15,846, for recordkeeping violations, or up to $19,246 for non-recordkeeping violations. Common citations: no annual MVR on file, MVR older than 12 months, no documentation of carrier's review of the MVR. The driver-disclosed annual list of violations that used to accompany this under 49 CFR 391.27 was removed effective May 9, 2022, so this section is the whole of the annual review. Carriers that don't have a documented annual review process can face cascading violations across the fleet. CSA Driver Fitness BASIC is affected by 391.25 findings.
This section recorded zero roadside citations in the Rolling 24-month SMS window. It is a records requirement, verified during a compliance review or new-entrant audit rather than at a roadside inspection, which is why carriers with clean roadside histories still fail audits on it.
Penalty: Up to $19,246 for a non-recordkeeping violation, or $4,812 where committed by the driver. Related recordkeeping failures are charged at up to $1,584 per day, capped at $15,846. 49 CFR 386, Appendix B
Source: FMCSA SMS Input - Violation (Rolling 24-month SMS window). Retrieved 2026-08-11.
How to comply (implementation checklist)
- 1Pull MVR from each state where the driver held a license during the preceding 12 months.
- 2Review the MVR for new convictions, accidents, license actions, or other qualification-affecting events.
- 3Document the review with a dated, signed note in the DQF (electronic or paper).
- 4Address any issues found (driver coaching, disqualification action, or additional inquiry).
- 5File both the motor vehicle record and the dated reviewer note: 49 CFR 391.51(b)(4) and (b)(5) call for both, and one without the other is the usual audit finding.
- 6Maintain a tracking system that flags drivers approaching their annual review deadline.
- 7For multi-state license holders, ensure MVRs are pulled from ALL states where licensed in past 12 months.
- 8Audit the DQF monthly to ensure no MVR exceeds 12 months in age.
- 9Train safety managers on what to look for during MVR review.
- 10Retain MVRs and review documentation in the DQF for 3 years post-separation.
Common misinterpretations
- Misinterpretation: 'The pull is enough, I don't need to document a review.' Reality: 49 CFR 391.25(b) requires the carrier to REVIEW the MVR for continuing qualification and DOCUMENT that review. The documentation typically takes the form of a dated/signed note in the DQF stating the carrier reviewed the MVR and determined the driver remains qualified (or noted any issues requiring follow-up).
- Misinterpretation: 'I have a 14-month-old MVR, that's basically annual.' Reality: 49 CFR 391.25(a) specifies AT LEAST ONCE every 12 months. An MVR older than 12 months is a violation. Best practice: pull MVRs at a consistent annual anniversary date (often the driver's hire date) or batch-pull quarterly so no driver's MVR ages past 12 months.
- Misinterpretation: 'The annual MVR is just for CDL drivers.' Reality: 49 CFR 391.25 applies to every CMV driver, CDL or non-CDL. Non-CDL CMV drivers (10,001-26,000 lbs GVWR without hazmat) still require annual MVR review.
How FileFlo handles 49 CFR § 391.25
FileFlo files the records this section calls for, reads the dates off them, and tracks each one against its renewal. Where a record this section needs is missing or out of date, the gap is named with the citation in your audit binder.
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Frequently asked questions
How often must I pull a driver's MVR?▾
At least once every 12 months per 49 CFR 391.25(a). Many carriers pull more frequently (quarterly or even monthly) to catch suspensions, DUIs, or other disqualifying events between annual cycles. The 12-month minimum is the regulatory floor; more frequent monitoring is permitted and recommended.
Do I need to document the MVR review?▾
Yes. 49 CFR 391.25(b) requires the carrier to review the MVR for continuing qualification AND document that review. The documentation is typically a dated, signed note in the DQF stating the carrier reviewed the MVR and noted any issues. 'Pulling' without 'reviewing' is a violation.
Which state's MVR do I need to pull?▾
From every state where the driver held a CMV operator's license during the preceding 12 months. A driver who moved between states in the prior year needs MVRs from both states.
What do I look for when reviewing an MVR?▾
New criminal convictions (especially DUI, leaving the scene, felonies involving a CMV), serious traffic violations, license suspensions/revocations, restrictions added to the license, accumulated minor violations indicating pattern, and any other event that might affect continuing qualification under 49 CFR 391.11 or trigger disqualification under 49 CFR 391.15.
Does 49 CFR 391.25 apply to non-CDL CMV drivers?▾
Yes. Any driver operating a CMV (10,001+ lbs GVWR) is subject to annual MVR review under 49 CFR 391.25, regardless of CDL status.
Do I still need the driver's annual list of violations as well (49 CFR 391.27)?▾
No. 49 CFR 391.27, the driver-furnished annual list of violations, was removed effective May 9, 2022 by FMCSA's Record of Violations final rule at 87 FR 13192, on the reasoning that it duplicated this section. 49 CFR 391.25 is now the whole of the annual driver review: the carrier's own inquiry to each licensing authority, the review of what comes back, and the dated reviewer note.
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Primary source: eCFR.gov: 49 CFR § 391.25
Reviewed by Chad Griffith (Founder + CEO, FileFlo) on