FMCSR 391.25: Annual Driving Record Review

No. Our inspection records show that 391.25 citations have never resulted in an out-of-service order. Across all-time data in our database, the OOS rate for this violation is 0.0%. This is a carrier-level compliance issue, not a vehicle or equipment defect, so roadside enforcement does not place trucks out of service for this code.

This violation carries a CSA severity weight of 3. In the CSA point system, your 30-day rolling window multiplier applies, meaning the actual points added depend on how many other violations you accumulate in that same month. A weight of 3 is relatively modest compared to critical safety violations, but it still adds measurable compliance burden to your carrier's BASIC 3 (Driver Fitness) score.

This citation addresses your carrier's failure to complete your annual driving record review within the required 12-month window. Immediate steps: (1) Notify your fleet safety manager or HR department, (2) Request a copy of your driving record review from your state's licensing agency, (3) Work with your carrier to ensure the review is completed and documented immediately, (4) Keep proof of completion for audit purposes. This is a carrier documentation issue, not a driver skill or vehicle problem.

No. The data shows that peer violations in the same Driver Fitness category are far more serious. CDL-class violations (383.23(a)(2)) have a 98.4% out-of-service rate with 50,385 citations. Medical certificate violations (391.41APC) have a 97.1% OOS rate with 49,539 citations. By contrast, 391.25 has never been cited in our 13 million inspection records, indicating it is rarely enforced at roadside. Your carrier's compliance department handles this administratively.

Yes, you can file a DataQs challenge if you believe the citation is inaccurate or unsupported. Since 391.25 is a documentation violation (your carrier's failure to retain or perform the review), you'll need evidence: a dated, signed driving record review form or carrier policy showing the review was completed within the 12-month window. DataQs focuses on factual errors and missing documentation, so gather your records and submit through your carrier's CSA portal.

Our inspection database contains zero citations for 391.25 across all time periods and all states. This violation is not enforced with measurable frequency at roadside inspections. While the regulation requires annual reviews, enforcement occurs primarily through carrier audits and compliance reviews rather than roadside citations. If you've received this citation, it may have come through a FMCSA compliance audit of your carrier rather than a roadside inspection.

Your carrier must complete the annual driving record review immediately to come into compliance. While the data shows zero out-of-service enforcement, the violation reflects a gap in your carrier's safety program. The regulatory requirement is a review at least once every 12 months. Failing to address this leaves your carrier exposed to further audit findings and accumulating CSA points. Ask your safety department for proof of completion within days, not weeks.

This violation follows the carrier, not the individual driver. FMCSR 391.25 holds the motor carrier responsible for maintaining and reviewing each driver's record. The citation appears in your carrier's CSA profile and Safety Management Cycle scores, specifically in the Driver Fitness BASIC. When you change employers, the violation stays with your former carrier's record. Your new carrier is responsible for their own annual review process for you.