# 49 CFR §391.23 vs §391.25: Pre-Hire MVR vs Annual Review

Canonical: https://www.fastdriverscreening.com/guides/391-23-vs-391-25
Category: Compliance
Published: 2026-04-15
Updated: 2026-05-01
Read time: 7 min

## TL;DR

> 49 CFR §391.23 sets the pre-employment investigation requirements (MVR from every state of license in the prior three years, CDLIS check, prior-employer inquiry); 49 CFR §391.25 sets the annual MVR + signed-review requirement. They are scored as independent violations on FMCSA audits.

## Key takeaways

- §391.23 governs everything before a driver's first dispatch: MVR from every state of license, CDLIS check for CDL holders, three-year employment investigation, road test.
- §391.25 is recurring — annual MVR from every state of current licensure, signed written determination of qualification, retained in the §391.51 file.
- The §391.23 thirty-day window starts on the driver's first day on the road, not the offer date.
- The most common audit finding is a missing MVR from a prior state of residence — CDLIS surfaces every state where the driver held a CDL.
- A cohort-based annual review schedule (everyone reviewed in the same calendar month) is easier to track than per-driver anniversary dates.

## Cited entities

- 49 CFR §391.23 (https://www.ecfr.gov/current/title-49/section-391.23)
- 49 CFR §391.25 (https://www.ecfr.gov/current/title-49/section-391.25)
- 49 CFR §391.27 (https://www.ecfr.gov/current/title-49/section-391.27)
- 49 CFR §391.51 (https://www.ecfr.gov/current/title-49/section-391.51)
- Commercial Driver's License Information System (CDLIS)
- Motor Vehicle Record (MVR)
- Federal Motor Carrier Safety Administration (https://www.fmcsa.dot.gov)
- American Association of Motor Vehicle Administrators (https://www.aamva.org)

## Excerpt

Two FMCSA regulations govern when a motor carrier is required to pull a [Motor Vehicle Record](/glossary/mvr) on a commercial driver: [49 CFR §391.23](https://www.ecfr.gov/current/title-49/section-391.23), which sets the pre-employment investigation requirements, and [49 CFR §391.25](https://www.ecfr.gov/current/title-49/section-391.25), which sets the annual review requirement. They sound similar and they appear back-to-back in the regulations, but they cover different points in the driver's tenure with the carrier — and they are scored as independent violations on an FMCSA compliance review. A carrier can comply with one and miss the other, and rack up a penalty either way.

This guide breaks down both regulations side by side: what each requires, when the requirement is triggered, what the carrier has to put in the DQ file, and the most common audit findings under each.

## §391.23 — Investigation and Inquiries (Pre-Employment)

§391.23 governs everything that happens before a driver is placed on a commercial motor vehicle for the first time at your carrier. The regulation breaks the requirement into three tracks.

### MVR for the prior three years

> 49 CFR §391.23(a)(1) — Within 30 days of the date the driver's employment begins, the motor carrier shall make an inquiry to obtain the motor vehicle record of the driver from the appropriate agency of every State in which the driver held a commercial motor vehicle operator's license or permit during the preceding 3 years.

A few practical points:

- The thirty-day clock runs from the day the driver starts work — not from the day the offer letter goes out.
- The inquiry covers every state where the driver held a license, not just the current issuing state. This is the most commonly missed step. A driver who moved from Texas to Oklahoma eighteen months ago needs MVRs from both states for the pre-employment file.
- You file the actual returned record, dated and signed by the reviewer.

### Three-year employment histor

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Full article: https://www.fastdriverscreening.com/guides/391-23-vs-391-25