... 

Lessons Learned:
The State Motor Vehicle Report (MVR) - A Helpful Tool In Evaluating Drivers

Anybody who drives a motor vehicle develops a driving record profile at their respective State Department of Motor Vehicles. This information stays on the public record for three to five years and often longer. Fleet safety managers should use this MVR information to hire and screen drivers. Studies show a correlation between records of prior accidents, violations, and traffic citations and the likelihood of future accidents. Having reviewed the MVRs of many fleets over the years, several examples illustrate the value of relying on MVR information.

  • Among a fleet of approximately 25 drivers, each had a license suspension within the last three years. Two were driving on suspended licenses. The other drivers had their licenses reinstated.
  • In a fleet located in the Southeast a driver supposedly had a “clear” MVR for a Commercial Driver’s License (CDL). The name on the CDL was very close to his name, but not an exact match. Everyone assumed that the spelling was a misprint. When the mismatch was discovered during an audit, the company did a “credit” check for the two names and discovered that the “misspelled” name was really the name of the driver’s brother. This brother was not in an occupation requiring a CDL. The driver’s “real” CDL license had been revoked!
  • The terminal of a large Eastern fleet hired a driver before the MVR and hiring material “cleared” corporate headquarters. Between the time the safety director “rejected” the driver for too many MVR violations and contacted the terminal to terminate the driver, he was involved in an at-fault fatal accident.
  • At a fleet in the Southern US, an operation manager used MVR reviews as one performance measure of his terminal managers. On a quarterly basis he tallied the number of “clear” MVRs, numbers of “moving,” “speeding,” etc. violations. With improved hiring, training and retention practices, terminal managers were able to demonstrate a safer fleet.

The preceding examples help to illustrate the point that MVR checks are not only required for CDL drivers, they also are a good business practice for any fleet. It will result in friendlier discussions with your insurance carrier and not get you into very unfriendly negligent hiring and retention discussions with a plaintiff attorney.

The following information will assist you in your MVR program.

Motor Vehicle Reports (MVR) Review Guidelines

Given the high costs of fleet vehicle accidents (as much as $14,000 by some industry estimates), organizations are always seeking ways to reduce their accident rates. One highly effective strategy is to develop and follow hiring policies that promote fleet driver safety. Before hiring employees who are required to drive as part of their jobs, be sure to take these steps:

  • Develop a written hiring policy for driver safety. The policy should spell out the criteria under which a candidate will NOT be hired, including the number of moving violations, accidents, or other incidents that would disqualify a candidate. It should also outline the number of violations or other incidents the driver will be permitted while employed with the company, as well as the penalties for exceeding those figures. Many companies also include policies on use of the company vehicle by an employee’s spouse or driver-age children.
  • Discuss the policy during the interview process. You’ll save time and money by eliminating non-viable candidates early. You’ll also emphasize the company’s position on driver safety at the outset, which helps to build and sustain a fleet driver safety culture within the company.
  • Obtain driving records before extending job offers. Make it a practice to check a candidate’s MVR as part of the interview and evaluation process, but be sure to obtain the driver’s written consent first. Some states have a required format for this written consent.

What To Look For

MVRs should be reviewed during the hiring process as well as annually for all drivers. Items to consider in the review include:

  • Driver name and date of birth – Make sure the name of the driver matches the name on the MVR as well as the date of birth of the driver. There could be instances where the applicant mistakenly reported the incorrect license number or the incorrect number was requested from the MVR vendor. Requiring several forms of identification is a good practice.
  • License status – Make sure the MVR shows a “valid” status for the vehicle type you intend for that person to drive.
  • License type – Make sure the license type stated on the MVR matches the type of license needed (i.e. Commercial Driver License/CDL, Chauffeur License, tanker/HazMat endorsements, etc.).
  • State issuing license – Is the state issuing the driver license the same as the drivers’ residence or state of employment? While there may be very legitimate reasons for a difference, there could be instances where a driver has a license in more than one state. One license may have numerous violations while the other is clear. CDL drivers are restricted to a single license for their state or jurisdiction of domicile.
  • Experience – Drivers of commercial vehicles (over 10,000 lbs. gross vehicle weight) must be at least 21 years old. While the intent is not to be age discriminatory, it is recommended to look for drivers to be 21 years of age with 3 years of experience, or 25 years of age with less than 3 years experience. The experience should be with the type of vehicle the driver would be operating. Additionally, drivers aged 65 and over should have an attending physician’s report certifying the individual’s ability to safely operate a motor vehicle.

Definitions

There are serious offenses that can disqualify a driver from commercial vehicle for life outlined in 49 CFR 383.51, which can be considered applicable for any type of company driver:

  • Excluded Driver - A driver who has had a major conviction over the past five years or; three or more incidents (at-fault accidents or minor convictions) in the past three years.
  • Clear Driver - A driver whose MVR shows no minor convictions and no at-fault accidents for the past three years, and has no major convictions.
  • Major Convictions - Variations of state motor vehicle codes exist, but examples include the following:
    • Driving while intoxicated or under the influence of alcohol or drugs (DUI or DWI);
    • Failure to stop and report an accident;
    • Attempting to elude an officer of the law;
    • Assault, manslaughter, or homicide arising out of the operation of a motor vehicle;
    • Driving with a suspended or revoked license;
    • Reckless driving;
    • Speed contests, drag or highway racing;
    • Possession of an opened alcoholic beverage container; and
    • Major speeding conviction (20 mph or more over the posted speed limit where specified on the MVR).
    • Driving while unlicensed
  • Minor Convictions - Examples of minor convictions include the following:
    • Minor speeding conviction (less than 20 mph over the posted speed limit where specified on the MVR);
    • Driving too fast for conditions;
    • Careless or inattentive driving;
    • Unsafe lane change;
    • Failure to stop or yield the right of way;
    • Following too closely; and
    • Any standard moving violation that does not fall into the major conviction category.
  • At-Fault Accident: Any motor vehicle accident arising out of negligent operation of the vehicle for which the driver was at fault. Also, any other vehicle accident where reasonable assurance of the driver not being at fault cannot be obtained.

Handling Drivers With Poor MVRs
If permitted in the applicable state, coverage for the driver may be excluded by your insurance carrier. Alternatives that you may consider for handling drivers with poor MVRs include designating a vehicle to which the driver will be restricted or place the driver in a non-driving position. However, it is not suggested that a driver’s employment be terminated or any course of action be taken that would adversely affect the driver’s employment status.

Privacy Issues
While it is XL Environmental's policy not to release MVRs to anyone outside of our organization due to privacy concerns, we recommend that you check with your legal counsel regarding the privacy rights of your employees and your obligations as an employer regarding the obtainment, use, and distribution of MVRs including employee notification acknowledgements or waivers. There are various vendors who provide MVRs as a service. Generally, your state licensing or motor vehicle department should have information on procedures and vendors of this service.

If you need advice or assistance with your MVR program, call the XL Environmental Risk Control Division at 800-327-1414.

Frederick Clark has a BS degree in Chemistry and over 30 years of experience in the safety, health and environmental field. He has gained expertise in many aspects of personal and fleet safety and loss control management. He serves the fleet safety needs and distribution-related needs of clients by providing training, assessments, risk analyses, and other loss prevention programs.

XL Environmental • Risk Control Division • 520 Eagleview Boulevard, PO Box 636, Exton, PA 19341 • Phone: 800-327-1414 • Fax: 610-458-7285 • xlenvironmental.com

©2004, XL Environmental. All rights reserved.

 
Back