Annual Certification of Violations: What Drivers Must Report
CFR Reference: 49 CFR 391.27 | Max Fine: $13,000
Every CDL driver must provide their motor carrier with a list of all traffic violations from the past 12 months, or certify that no violations occurred. This often-overlooked requirement is a DQ file staple that auditors check on every review.
What It Is
Under 49 CFR 391.27, each driver must annually prepare and furnish to their employing motor carrier a list of all violations of motor vehicle traffic laws and ordinances (other than parking violations) during the preceding 12 months. If no violations occurred, the driver must sign a statement certifying that fact. The carrier must review the list and file it in the Driver Qualification File.
Who Needs It
Every driver operating a CMV for a motor carrier in interstate commerce. This includes company drivers and owner-operators. The requirement applies regardless of whether the violation occurred in a personal vehicle or a CMV.
Deadline & Frequency
Due annually. Most carriers set the due date as the driver's hire anniversary. The driver must prepare and submit the list, and the carrier must review it and place it in the DQ file within the 12-month cycle. There is no specific filing date; the carrier determines the schedule.
Step-by-Step Process
- 1
Provide the form to each driver
Give each driver a certification form (no specific form is mandated by FMCSA, but it must capture the required information). The form should list: driver name, date, a section to list violations (date, location, type of violation, vehicle type), and a certification statement if no violations occurred.
- 2
Driver completes and signs the form
The driver lists every traffic violation received in the past 12 months, in any vehicle (personal car, CMV, or otherwise). Parking violations are excluded. If no violations occurred, the driver signs a statement certifying that. The form must be signed and dated.
- 3
Carrier reviews and files the certification
A carrier official reviews the certification, compares it against the annual MVR pull, and notes any discrepancies. If the driver reported violations not on the MVR (or vice versa), investigate. File the signed certification in the Driver Qualification File.
Consequences of Non-Compliance
- Fines up to $13,000 per violation for missing or incomplete certifications.
- DQ file deficiency noted during compliance reviews and audits.
- Discrepancies between driver-reported violations and MVR records raise additional scrutiny.
Frequently Asked Questions
- Does the driver have to report personal vehicle violations?
- Yes. The regulation requires reporting all motor vehicle traffic violations, not just CMV violations. A speeding ticket in your personal car must be reported on your annual certification.
- What violations must be reported?
- All traffic violations except parking tickets. This includes speeding, running a red light, improper lane change, reckless driving, DUI/DWI, equipment violations, and any other moving or non-moving traffic violation received in any vehicle during the 12-month period.
- Is there a specific form required?
- No. FMCSA does not mandate a specific form. The carrier can create their own form or use a template, as long as it captures: the driver's name, the reporting period, a list of violations (or certification of none), and the driver's signature and date.