# MVR Comes Back With a Violation: A Decision Tree for Motor Carriers

Canonical: https://www.fastdriverscreening.com/guides/mvr-violations-decision-tree
Category: Compliance
Published: 2026-04-15
Updated: 2026-05-01
Read time: 8 min

## TL;DR

> When an MVR shows a violation, classify it under §383.51(b) major offenses or §383.51(c) serious traffic violations, check the lookback window, verify license status under §391.15, and document a written determination in the §391.51 file.

## Key takeaways

- A current SUSPENDED, REVOKED, CANCELLED, or DISQUALIFIED status on the MVR triggers an automatic §391.15 stop — the driver cannot operate a CMV.
- §383.51(b) major offenses (DUI, refusal, leaving the scene, CMV felony, etc.) trigger one-year disqualifications on first conviction; lifetime ban on second.
- §383.51(c) serious traffic violations (15+ over, reckless, hand-held phone, texting, following too closely) require a count: two within three years = 60-day disqualification.
- Pending charges and dismissed convictions are not disqualifying — but the carrier still owes a written file note explaining the analysis.
- The §391.51 file must contain a signed determination ("driver remains qualified" or "disqualified under §[cite] until [date]") for every annual review.

## Cited entities

- 49 CFR §391.15 (https://www.ecfr.gov/current/title-49/section-391.15)
- 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)
- 49 CFR §383.51 (https://www.ecfr.gov/current/title-49/section-383.51)
- Motor Vehicle Record (MVR)
- FMCSA Pre-Employment Screening Program (PSP) (https://www.psp.fmcsa.dot.gov)
- Federal Motor Carrier Safety Administration (https://www.fmcsa.dot.gov)

## Excerpt

An [MVR](/glossary/mvr) comes back with a violation on it. What do you do? The answer is not "no, thank you" — most commercial drivers have something on their record, and the federal disqualification rules are narrower than most carriers assume. The answer is also not "ignore it." It is a structured, documented review against the specific FMCSA disqualification criteria, with a written determination filed in the DQ file. The decision tree below walks through that review for every common violation type.

The criteria you are checking against come from three regulations:

> 49 CFR §391.15 — General disqualification rules. A driver is disqualified while their CDL is suspended, revoked, or cancelled by any state; while the driver's privilege to drive is suspended in any state; while the driver does not have a current medical certificate; or while the driver has been convicted of certain felony offenses involving the use of a CMV.

> 49 CFR §383.51(b) — Major offenses. DUI/DWI, refusing a chemical test, leaving the scene of an accident, using a CMV in the commission of a felony, driving while disqualified, and causing a fatality through negligent operation. First conviction triggers a one-year disqualification (three years if HazMat); second triggers a lifetime ban.

> 49 CFR §383.51(c) — Serious traffic violations. Excessive speeding (15+ mph over), reckless driving, improper lane change, following too closely, texting while driving, and using a hand-held phone while driving a CMV. Two within three years triggers a 60-day disqualification; three triggers 120 days.

Use the decision tree below in order. Each branch ends with the documented action you take and the file note you write.

## Step 1: Confirm the violation actually exists

Before anything else, verify the violation is real and current. MVRs occasionally show pending charges, dismissed convictions, or stale entries from prior states. Check:

- Is the line on the report a conviction or a pending charge? Pending

[...truncated — read full article at canonical link above.]

Full article: https://www.fastdriverscreening.com/guides/mvr-violations-decision-tree