By CCG Staff
This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
Introduction:
In baseball there is a certain rule called an infield fly. This rule calls the batter out if they hit a fair fly ball in the infield that could be caught with ordinary effort by any infield player. However, this rule only applies when there are fewer than two outs and there is a runner on first and second, or if the bases are loaded. According to the rule, regardless of whether the infielder catches the ball, the umpire calls an ‘infield fly’, the batter is out, and the runners do not advance. This minor rule, with such specific conditions, is just one example of how the game of baseball requires caution and attention to details.
Similarly, employers must have a grasp of the myriads of laws required by both federal regulations and state laws as these rules vary by the type of employees the employer carries. One such group is drivers. For businesses that rely on employee drivers—whether for deliveries, sales, fieldwork, or service calls—Motor Vehicle Records (MVRs) are a vital part of responsible hiring and risk management.
Understanding MVR rules and regulations helps employers protect their workforce, customers, and their bottom line. In this post, we’ll break down what MVRs are, why they matter, and how to navigate the legal and regulatory landscape as an employer.
What Is an MVR?
A Motor Vehicle Record (MVR) is an official document issued by a state Department of Motor Vehicles (DMV) that details a person’s driving history. It typically includes:
- Driver’s license status (valid, suspended, revoked, etc.)
- Traffic violations and citations
- DUI convictions
- Accident reports
- Points accrued against the license (varies by state)
Employers use MVRs to evaluate whether a driver is qualified and safe to operate company vehicles.
Why MVRs Matter to Employers
MVR checks are a critical component of due diligence, especially for roles involving driving. Key benefits include:
- Risk mitigation: Identifying high-risk drivers can prevent accidents and reduce liability.
- Insurance compliance: Insurers may require regular MVR monitoring for commercial auto policies.
- Regulatory compliance: For DOT-regulated positions, MVR checks are a legal requirement.
- Brand protection: Employing safe drivers protects your company’s reputation.
Key Regulations and Compliance Guidelines
1. Fair Credit Reporting Act (FCRA)
When an employer obtains an MVR through a third-party background check provider (a consumer reporting agency), the FCRA governs the process. Under the FCRA (15 U.S. Code § 1681b):
- Employers must obtain written consent from the applicant or employee before accessing the MVR.
- If the employer plans to take adverse action (e.g., not hiring or suspending someone) based on the MVR, they must provide:
- A pre-adverse action notice, including a copy of the report and a summary of rights.
- An opportunity for the individual to dispute inaccuracies.
- A final adverse action notice if the decision is upheld.
Source: Federal Trade Commission (FTC), Using Consumer Reports: What Employers Need to Know
https://www.ftc.gov/business-guidance/resources/using-consumer-reports-what-employers-need-know
2. Department of Transportation (DOT) Requirements
Employers of commercial drivers regulated by the Federal Motor Carrier Safety Administration (FMCSA) must:
- Obtain and review an MVR annually for each driver.
- Collect an initial MVR within 30 days of hire (49 CFR § 391.23).
- Keep MVRs in the driver’s qualification file for at least three years.
- Verify the driver has a valid commercial driver’s license (CDL) and meets all safety criteria.
Source: U.S. Department of Transportation, 49 CFR § 391.25
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391
3. State-Specific MVR Laws
Each state has its own rules about what can be included in an MVR, how long violations stay on a record, and whether employer consent is needed for periodic rechecks. For example:
- California limits how long certain infractions appear on a driving record (CA Vehicle Code § 1808).
- Massachusetts restricts access to MVRs without permissible purpose and written authorization (M.G.L. c. 90 § 30).
- Some states prohibit employers from automatically disqualifying applicants based on minor or old violations.
Employers operating in multiple states should ensure compliance with each state’s DMV disclosure rules.
Best Practices for Employers
- Establish a clear driving policy that outlines acceptable MVR standards (e.g., max points, types of violations).
- Obtain signed consent from all applicants and employees before running MVRs.
- Conduct MVR checks during hiring and annually thereafter—or more frequently for high-risk roles.
- Use a reputable background screening provider that ensures compliance with FCRA, DOT, and state laws.
- Document decisions consistently and keep records secure and confidential.
Red Flags to Watch For on MVRs
- DUI/DWI convictions
- Multiple speeding tickets or moving violations in a short period
- License suspensions or revocations
- Failure to appear in court or unpaid fines
- Hit-and-run or reckless driving incidents
Each employer should determine what constitutes a disqualifying record based on the role and risk tolerance.
Conclusion
Motor Vehicle Records are more than just paperwork—they’re a crucial tool in hiring safe, qualified drivers and maintaining regulatory compliance. By understanding the rules and implementing smart policies, employers can reduce liability, improve safety, and protect their business from preventable risk.
Need help setting up a compliant driver screening process? Reach out to Workplace Screening Intelligence at https://workplacescreening.com/ or call us at 844-573-8378 for answers to your questions and to ensure your practices align with federal and state regulations.
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Citations:
Federal Trade Commission. Using Consumer Reports: What Employers Need to Know.
https://www.ftc.gov/business-guidance/resources/using-consumer-reports-what-employers-need-know
U.S. Department of Transportation. 49 CFR Part 391 – Qualifications of Drivers.
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391
California Vehicle Code § 1808. Disclosure of Department Records.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1808&lawCode=VEH
Massachusetts General Laws, Chapter 90, Section 30. Access to Driving Records.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section30