Quick checklist
- Build a driver list with each driver's next annual review due date — do not rely on calendar year alone.
- Pull a current MVR from the appropriate state for each driver at each annual review, as required by 49 CFR 391.25(a).
- Review the MVR for violations and confirm the driver's qualification is still valid after the review.
- Complete a written or signed certification that the review was conducted, showing the review date and the reviewer's identity.
- File the MVR and signed review record in the driver's DQ file — not in a separate HR system.
- Include former drivers who were active during the audit period — their annual review records must cover the period they were employed.
Why this matters
The annual review requirement under 49 CFR 391.25 is one of the most consistently cited DQ file gaps in FMCSA compliance reviews. The regulation requires the carrier to review the driving record of each driver at least once every 12 months and to make a written determination that the driver continues to meet minimum qualification standards. A carrier that pulls an MVR and files it without completing the signed review certification has done half the work — the missing certification is what auditors flag. Carriers with multiple drivers often let review due dates drift because they track them by calendar year rather than by each driver's individual review anniversary date.
What to prepare
| Area | Records to gather |
|---|---|
| Annual review documents per driver |
|
| Review tracking controls |
|
Common gaps
- An MVR is saved in the driver file but no signed review certification exists alongside it.
- The carrier tracks reviews by calendar year and misses drivers whose anniversary date falls in a different month.
- Former drivers who left during the audit period are missing one or more annual reviews from when they were active.
- No one is designated as the owner of the annual review reminder process — reviews happen only when someone remembers.
Before / During / After audit
Before
- Sort the driver list by next review due date and identify any overdue reviews.
- Complete overdue reviews and document the reason for the delay in the file.
- Check that each review has both an MVR and a signed certification in the same DQ file.
During
- Present annual review records inside each driver's DQ file in date order.
- Have the tracking sheet or review calendar available to answer questions about the review schedule.
After
- Set individual calendar reminders for each driver's next review date.
- Add the annual review due date for each new hire at the time of onboarding.
- Archive completed annual review records with former driver files.
FAQ
What does the annual review certification need to say?
The regulation at 49 CFR 391.25(c)(2) does not require a specific form, but it does require a written record showing the review happened — who reviewed it, when, and that a determination was made about the driver's continued qualification. The piece that gets missed most often is the determination itself: carriers pull the MVR, file it, and consider the annual review done. What is actually missing is the signed notation that someone looked at the record and decided the driver still qualifies. It can be a short note on a standard form or a line on the MVR itself, as long as it is dated, signed, and in the DQ file.
Does the annual review clock reset when a driver transfers to a different division or fleet?
An internal transfer does not reset the 12-month review cycle. The clock runs from the driver's previous review date, regardless of which division or fleet they move to. The most common version of this problem is a driver who transfers between locations, and the receiving location treats them as a new hire and sets their review calendar from the transfer date rather than the original hire date. The receiving safety coordinator inherits the existing review schedule, and if the prior location's records are not transferred at the same time, the gap can take a year to surface.
What if the MVR shows a violation — does the driver have to be terminated?
Not necessarily. The annual review is a process of evaluation, not an automatic termination trigger. The carrier must determine whether the driver still meets the minimum qualification standards under 49 CFR Part 391 after seeing the violation. The written determination should reflect that evaluation. What matters for audit purposes is that the review happened, the violation was noted, and the carrier made an explicit written determination about the driver's continued qualification. A file with an MVR showing a violation and a signed determination that the driver remains qualified is better than a file with no review at all.
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Sources
eCFR · regulation
49 CFR Part 391 - Qualifications of Drivers
Driver qualification rules, medical certification, applications, inquiries, and annual review context.
Last checked: 2026-06-16
eCFR · regulation
49 CFR 391.51 - General requirements for driver qualification files
Driver qualification file contents and retention requirements.
Last checked: 2026-06-16