What 391.27 means in plain language
FMCSR 391.27 requires every commercial driver to provide their motor carrier with an annual accounting of traffic violations. This isn't a safety inspection or a road test—it's a paperwork requirement that sits at the intersection of driver honesty and carrier oversight.
Specifically, drivers must give their employer either a list of all violations they received in the past 12 months, or a certificate confirming they had no violations. The regulation exists because carriers have a legal obligation to monitor driver conduct. When a driver fails to submit this notification, or submits it late, they're in violation of 391.27.
This is distinct from getting a traffic violation on the road. A speeding ticket or a failure-to-yield citation is a separate issue. The 391.27 violation occurs when you don't tell your company about violations you've already received.
What our enforcement data actually shows
Across our database of 13 million+ roadside inspection records, 391.27 presents a striking anomaly: we have recorded zero citations for this code in our entire dataset.
All-time citations: 0
Last 12 months: 0
Last 90 days: 0
Out-of-service rate: 0.0%
This does not mean the regulation is unenforced in practice. It may reflect how violations are typically discovered and handled: during internal carrier compliance audits, pre-employment background checks, or administrative reviews rather than roadside inspections. Roadside inspections are conducted by state and federal officers who may not have immediate access to a driver's annual violation reporting history. The violation is more likely to surface during carrier audits, HR investigations, or when a driver changes employers and records are reviewed.
What this tells you is that if you're cited for 391.27, it's happening in a context other than a routine roadside stop—likely an investigation or a formal carrier audit.
Who gets cited most
With zero citations recorded in our database, we cannot identify specific states or carriers that have been disproportionately cited for 391.27. This absence of enforcement data in roadside inspection records suggests the violation is tracked and enforced through mechanisms outside the roadside inspection process.
If you have received a 391.27 citation, it has come through your carrier's internal compliance system, a state motor vehicle department review, or a formal FMCSA audit—not a traffic stop.
How severe is this compared to similar codes
391.27 belongs to the Driver Fitness category, which includes several codes that do appear frequently in our records. For perspective:
- 391.41(a) — Physical qualification (general): 42,270 all-time citations, 16.2% OOS rate
- 391.41(a)(1): 35,686 all-time citations, 16.7% OOS rate
- 391.41A-MCPC — Physical qualification (general): 30,779 all-time citations, 14.4% OOS rate
These related codes deal with whether a driver meets the medical and fitness standards to operate a commercial vehicle. They generate tens of thousands of citations because they're checked at every roadside inspection—inspectors verify medical certificates, vision requirements, and qualification status.
By contrast, 391.27 is a record-keeping and disclosure obligation that typically surfaces during administrative reviews rather than immediate roadside enforcement. The low enforcement visibility doesn't make it less serious from a regulatory standpoint—it makes it different in when and how it's enforced.
How to avoid it
If your carrier requires you to submit an annual violation report, treat it as a non-negotiable deadline. Here are the concrete steps:
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Know your carrier's deadline: Ask your safety director or HR when the annual certification is due. Mark it on your calendar at least two weeks before the deadline.
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Gather your records: Keep copies of every traffic citation, warning, or violation you receive during the year. Don't wait until December—file them as they happen. Use your phone to photograph the citation or save electronic copies.
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Distinguish between driving violations and other tickets: A speeding ticket, red light violation, or seat belt citation counts. A parking ticket or equipment fine at a rest area may not. Ask your carrier which violations to report if you're uncertain.
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File even if you have no violations: If you went the full year clean, submit the certificate of no violations on time. Don't assume "no news is good news." The regulation requires active submission.
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Submit in the format your carrier specifies: Some carriers use an online portal, others want a signed form, and some use a third-party service. Submit through the correct channel the first time to avoid delays or missing deadlines.
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Keep proof of submission: Get a confirmation email, a dated receipt, or a signed acknowledgment. If a dispute arises later about whether you submitted, you'll have documentation.
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Report honestly: Do not omit violations or claim a violation didn't happen. The whole purpose of this regulation is to give your carrier accurate information. Falsifying the report is a separate violation and a far more serious problem.
The 391.27 requirement exists because carriers are liable for the safety conduct of their drivers. Submitting your annual record on time protects you, protects your employer, and keeps you compliant with federal requirements.