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Certificate of Violations and Annual Review

The certificate of violations regulation requires each driver to furnish the carrier with a list of all violations of motor vehicle traffic laws and ordinances (of which the driver has been convicted, or as a result of which he/she has forfeited bond or collateral) during the preceding twelve months. The annual review regulation requires carriers to, at least once every twelve months, review the driving record of each driver employed and determine whether that driver meets the minimum requirements for safe driving.

Tip: Compare the MVR against the information the driver provided on the certificate of violations. Get an explanation for discrepancies. Drivers should not be allowed to accumulate excessive tickets and/or accidents.

Effective July 20, 1998, the annual review regulation also requires carriers to obtain (and keep) an annual MVR for each driver from every state in which the driver held a CMV license or permit during the time period. Form 2-9“Certificate of Violations & Annual Review”, combines these two requirements into one form.

Notification of Traffic Violation. In the event a driver receives a traffic violation (other than parking), he/she is required to notify, in writing, his/her employer and the state in which the license was issued within 30 days after conviction. Form 2-10“Notification of Traffic Violation”, may be used for this purpose. This requirement extends to all violations, including those acquired in private passenger vehicles.

Tip: Carriers could find it advantageous to require drivers to report all moving violations within 48-72 hours since conviction can often be delayed.

Professional Safety Consulting

Professional Safety Consulting