49 CFR § 391.27 — Record of violations
49 CFR — Transportation · FMCSA / DOT
49 CFR 391.27 is the DRIVER'S annual self-disclosure of moving violations. Each driver must submit, at least once every 12 months, a signed list of all moving traffic violations (parking excluded) from the preceding 12 months. If the driver had no violations, they must certify that in writing. The carrier then cross-references the driver-disclosed list with the MVR pulled under 49 CFR 391.25 — any discrepancy is a red flag requiring follow-up. Together, 391.25 (carrier-pulled MVR) and 391.27 (driver-disclosed list) form the annual driver review.
Regulation summary
Each motor carrier shall require each driver to prepare and furnish to the motor carrier, at least once every 12 months, a list of all violations of motor vehicle traffic laws (other than violations involving only parking) of which the driver has been convicted or on account of which the driver has forfeited a bond or collateral or paid a fine, during the preceding 12 months. The list must include the date and nature of each conviction or forfeiture, the location, the name of the issuing court or jurisdiction, and the driver's signature. If no violations occurred, the driver must so certify in writing. Each carrier shall, at least once every 12 months, review the driving record of each driver to determine whether the driver continues to meet the requirements of 49 CFR 391.11.
Who must comply
Every motor carrier and every CMV driver. The driver completes the list; the carrier requires and retains it. Owner-operators must complete a 391.27 list for themselves each year and retain it in their DQF. The requirement applies to CDL and non-CDL CMV drivers alike.
What happens if violated
Civil monetary penalties: $1,100 to $16,550 per violation per driver. Common citations: no annual violation list on file, list older than 12 months, list missing driver signature, list missing the no-violations certification when applicable. Discrepancies between the driver-disclosed list and the MVR (49 CFR 391.25) can indicate driver concealment of violations and require investigation. Failure to require the list is a carrier-level violation; falsification by the driver is grounds for termination.
Implementation checklist
- Provide each driver with a 49 CFR 391.27-compliant violation list form at least once every 12 months.
- Require the driver to list date, nature, location, and jurisdiction for each conviction.
- Require driver signature on every list (including 'no violations' certification).
- Cross-reference the driver-disclosed list with the MVR pulled under 49 CFR 391.25.
- Follow up on any discrepancy (violations on MVR not on driver list) — often a coaching or termination event.
- Store the signed list in the DQF for 3 years post-separation.
- Set annual reminders aligned with each driver's MVR-pull anniversary.
- Train safety managers on cross-referencing methodology.
- Audit the DQF quarterly to ensure every driver has a current 391.27 list.
Common misinterpretations
- Misinterpretation: 'My driver has no violations so we don't need the form.' Reality: 49 CFR 391.27(b) explicitly requires the driver to CERTIFY in writing that they had no violations if that's the case. A blank form or 'nothing to report' verbal statement is insufficient. The signed no-violations certification must be in the DQF.
- Misinterpretation: 'The MVR shows the same info — the driver list is redundant.' Reality: The driver-disclosed list and the MVR are intentionally redundant — they serve to catch discrepancies. A violation appearing on the MVR but NOT on the driver's list suggests the driver concealed it. Both records are required and must be cross-referenced.
- Misinterpretation: 'I can collect the list whenever.' Reality: The list must be furnished at least once every 12 months. Most carriers align the 391.27 collection with the 391.25 annual MVR pull — same anniversary date, same review.
Frequently asked questions
What is the annual list of violations under 49 CFR 391.27?
A driver-completed and signed list of all moving traffic violations (excluding parking) from the preceding 12 months, including date, nature, location, and jurisdiction for each. If no violations occurred, the driver must certify that in writing. The list is submitted annually and retained in the DQF.
What if the driver had no violations?
The driver must complete a signed 'no violations' certification — a blank form is not enough. 49 CFR 391.27(b) explicitly requires the driver to certify in writing that they had no violations.
How is 49 CFR 391.27 different from 49 CFR 391.25?
49 CFR 391.27 is the DRIVER's self-disclosure. 49 CFR 391.25 is the CARRIER's pull of the official MVR from the state DMV. Both are required annually. Cross-referencing them catches driver concealment.
What happens if the driver list and MVR don't match?
Investigate. A violation appearing on the MVR but not on the driver's 391.27 list suggests intentional concealment. The carrier should: (1) interview the driver, (2) document the conversation, (3) determine if the omission affects the driver's continuing qualification under 49 CFR 391.11, (4) decide on coaching, termination, or other corrective action.
Does 49 CFR 391.27 apply to owner-operators?
Yes. Owner-operators must complete a 391.27 list for themselves annually and retain it in their DQF. The owner-operator is both the carrier and the driver — the carrier requires the list, and the driver provides it. Even though both roles are the same person, the regulatory documentation must exist.
How long must I retain the 391.27 lists?
As part of the DQF, 3 years after the driver's separation per 49 CFR 391.51(d).
Cross-references: 49 CFR 391.11 · 49 CFR 391.15 · 49 CFR 391.25 · 49 CFR 391.51
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