Missing MVR in a Driver Qualification File: What to Do Before Your Next Audit
A missing MVR is one of the most common findings in an FMCSA compliance review, and one of the easiest to fix before an auditor ever sees the file. Under 49 CFR 391.23 and 391.25, every driver's file needs a motor vehicle record at hire and a new one at least once every twelve months, reviewed and signed in writing. If either one is missing, the driver is treated as not qualified for the gap, which is a documented violation the moment an auditor opens the file.
This page explains exactly what the requirement covers, why the gap happens, and how to close it. The tool below checks a driver's actual file, tells you whether the MVR and the annual review are both present and current, and builds the replacement paperwork if they're not.
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What an MVR Is and Why It's in the File
A motor vehicle record, or MVR, is the official driving history a state licensing agency keeps on a licensed driver: license status and class, endorsements, and any moving violations, suspensions, or revocations on record. For a commercial driver, it's the document a carrier uses to decide whether someone meets FMCSA's minimum driving standard before putting them behind the wheel, and again once a year after that.
The MVR is one of nine items 49 CFR 391.51 requires in a complete Driver Qualification File. It sits alongside the employment application, road test certificate, medical certificate, and safety performance history. An auditor checking a DQF works down that same list, and the MVR is one of the items checked first because it has a hard, easy-to-verify deadline attached to it.
The Exact FMCSA Requirement: 391.23 and 391.25
Two separate sections of Part 391 create the MVR requirement, and carriers often satisfy one without realizing the other still applies.
| Regulation | What it requires | When it's due |
|---|---|---|
| 391.23 | MVR from every state the driver held a license in over the prior 3 years | At or before hire |
| 391.25 | A new MVR reviewed and signed against FMCSA's driving standards | At least once every 12 months |
| 391.27 | Driver's own certification of violations for the prior 12 months | Same interval as the annual review |
Source: 49 CFR Part 391, current eCFR text.
The 391.25 annual review is the piece carriers most often skip. Pulling the record satisfies part of the requirement; the file still needs a dated, signed note showing the carrier actually compared that record to the standard and reached a decision. See the MVR review calculator for tracking when each driver's next review is due, and the motor vehicle record guide for what the record itself needs to contain.
Why Auditors Flag This, and How It's Usually Missing
A missing MVR rarely means a carrier ignored the requirement entirely. It's almost always one of five specific gaps, and each one shows up in FMCSA compliance reviews on a regular basis.
No MVR anywhere in the file
The carrier never pulled one at hire, or pulled one and never filed it. This is the finding auditors cite most often when they check the MVR line item, ahead of an expired or outdated record.
MVR present, but no signed annual review
391.25 requires a written review comparing the record to FMCSA's driving standards, dated and signed by the person who did it. A carrier that has the record but never wrote the review has still failed the requirement.
MVR older than twelve months
The annual review clock runs from the date of the previous review, not from the driver's hire date. A carrier that reviewed a driver in March 2024 and again in June 2025 has a gap the auditor will flag.
MVR pulled from the wrong state
A driver who moved or holds a license in more than one state needs a record from every state involved. Pulling only the current state and skipping a prior one leaves the file incomplete for 391.23 purposes.
MVR on file for a driver who no longer works there
Retention rules cut both ways. Carriers sometimes destroy records too early, before the three-year post-separation window closes, and can't produce them when a former driver's file is pulled as part of a review.
Any of these findings gets the driver rated not qualified for the period in question. That rating tends to widen the scope of the review into the rest of the driver's file, and into related items like medical certificate status and CDL expiration. It also adds points to the carrier's Driver Fitness score in FMCSA's CSA scoring system.
How to Replace a Missing MVR, Step by Step
- 1
Confirm every state the driver has held a license in over the past three years
Check the driver's application and current license. A driver who moved states mid-employment needs a record from each one, not just the current state of residence.
- 2
Request the motor vehicle record from each state licensing agency
Order directly through the state DMV portal or through a commercial MVR reporting service. Most states return electronic requests within a few business days.
- 3
Date-stamp the record the day it's received
The date on the record, not the date it's filed, is what an auditor checks against the twelve-month clock.
- 4
Complete a written annual review against the 391.25 standards
Compare the violations and license status on the record to FMCSA's disqualifying offenses and point thresholds, and note the result in writing.
- 5
Sign and date the review
An unsigned review is functionally the same as no review to an auditor. Whoever makes the qualification decision signs it.
- 6
File both documents in the driver's Driver Qualification File
The MVR and the signed review are two separate items. Both need to be in the file, not just referenced from a spreadsheet elsewhere.
- 7
Set a recurring date twelve months out
The single most common cause of a missing MVR the second time around is no system tracking when the next one is due.
Once the record and the signed review both exist, the DQF Builder above checks the rest of the driver's file against the same 391.51 list, flags anything else missing or expired, and packages the finished set into a cover sheet and checklist an auditor can review in one pass.
Common Mistakes Carriers Make
A few habits explain most of the missing-MVR findings auditors write up. Carriers order the record but never write the annual review, because the record itself feels like proof enough. Carriers track the driver's hire-date anniversary instead of the date of the last review, which drifts the deadline earlier or later than it should be. Carriers pull an MVR from the driver's current state and stop there, missing a prior state the driver held a license in during the review window. Each of these produces a technically incomplete file even though the carrier believed the requirement was met.
A Worked Example
A driver hired in January 2024 has an MVR dated January 10, 2024 in the file, and nothing after it. By January 2025, that record is past its twelve-month window, and the file is missing the annual review. If a compliance review happens in March 2025, the auditor marks the driver not qualified from January 10, 2025 forward, a two-month gap, even though the carrier had a valid MVR on file for the first year of employment. Fixing it means pulling a new record immediately, dating and signing the review the same day it's completed, and setting the next review for January 2026 rather than the original hire date.
Compliance Checklist
- ✓Motor vehicle record on file from every state the driver has held a license in
- ✓MVR dated within the past twelve months from the most recent review
- ✓Written annual review comparing the record to FMCSA's driving standards
- ✓Annual review signed and dated by the person who performed it
- ✓Driver's own certification of violations for the prior twelve months (391.27)
- ✓Both documents stored in the Driver Qualification File, not a separate system
- ✓A tracked due date for the next annual review
Carriers setting up a new driver file from scratch often start with the broader Driver Qualification File checklist or the guide to building a DQF before narrowing in on a single missing item, and run a full compliance check across the fleet once individual files are current.
FAQ
What happens if an MVR is missing during a DOT audit?
An auditor who finds no motor vehicle record in a driver's file marks that driver not qualified for the period the record was absent. Under 49 CFR 391.51, the MVR is one of the items a Driver Qualification File must contain, and its absence is treated the same as any other missing required document: a documented violation on the compliance review, plus points against the carrier's Driver Fitness BASIC in the Safety Measurement System. A single missing MVR rarely triggers an out-of-service order by itself, but it does widen the scope of the audit into the rest of the driver's file.
How do I replace a missing MVR?
Order a new motor vehicle record from the state licensing agency for every state the driver has held a license in during the review period. Most states process electronic requests through their own DMV portal or through a commercial reporting service within a few business days. Once the record arrives, date it, attach it to the driver's file, and complete a written annual review comparing it against FMCSA's disqualifying and point-based standards in 391.25. A replacement MVR obtained after the fact does not erase the gap for the period it was missing, but it closes the file going forward and gives an auditor evidence that the carrier corrected the problem once it was found.
How often does FMCSA require a motor vehicle record?
Two points in a driver's employment trigger the requirement. Section 391.23 requires an MVR from every state the driver was licensed in during the previous three years, pulled before or shortly after the driver is hired. Section 391.25 then requires a new MVR at least once every twelve months for as long as the driver works for the carrier, reviewed in writing and signed by the person who conducted the review.
Can a driver operate without a current MVR on file?
No. A driver whose file is missing a required motor vehicle record does not meet the qualification standard in 391.11, and FMCSA guidance treats that driver as not qualified to operate a commercial motor vehicle until the record is obtained and reviewed. Carriers that continue to dispatch a driver with a known gap in the file are documenting the violation themselves.
Does an MVR pulled at hire satisfy the annual review requirement too?
No. The at-hire MVR under 391.23 and the annual review under 391.25 are separate requirements with separate paperwork. The annual review needs its own MVR pulled within the twelve-month window, plus a signed note showing the carrier compared the record against the driving standards and made a qualification decision. A file with only the at-hire MVR and nothing dated within the past year is missing the annual review even though a record exists somewhere in the file.
What's the difference between the MVR itself and the annual review of driving record?
The MVR is the state-issued document listing a driver's license status, endorsements, and violation history. The annual review is the carrier's own written analysis of that document, comparing it to the disqualifying offenses and point thresholds FMCSA lists in 391.25, dated and signed by whoever performed it. Auditors ask for both. A carrier that files the MVR but never writes and signs the review has satisfied half the requirement.
Who is allowed to pull a driver's motor vehicle record?
The motor carrier, or a third-party service acting on the carrier's behalf, requests the MVR directly from the state licensing agency where the driver holds a license. Most states require the requester to have a permissible purpose under the Driver's Privacy Protection Act, which employment screening for a safety-sensitive commercial driving position satisfies. Drivers can also request their own record and provide it to the carrier, though most carriers pull it directly to control the timing and the paper trail.
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- 49 CFR 391.23 — Investigation and inquiries (eCFR)
- 49 CFR 391.25 — Annual inquiry and review of driving record (eCFR)
- 49 CFR 391.51 — General requirements for driver qualification files (eCFR)
- FMCSA — Driver Qualification Files, official guidance Q&A
- FMCSA — Driver Qualification File Checklist (Safety Planner)
Published 2026-07-25 · Last updated 2026-07-25 · Reviewed by the TruckComplianceHQ Compliance Team against current eCFR text and FMCSA guidance. This page explains general federal requirements and isn't legal advice; check your state's motor carrier safety office for intrastate rules.