What is an MVR?

The Federal Motor Carrier Safety Administration holds motor carriers and drivers responsible for meeting safety standards and regulations. Carriers can find their data stored on FMCSA’s Safety Measurement System (SMS), which they use to track the number, severity, and date of safety violations, as well as crash and inspection data. Data is derived from unsafe driving, crash indicator, Hours of Service (HOS) compliance, vehicle maintenance, controlled substances/alcohol, hazardous materials compliance, and driver fitness. The FMCSA makes available a compliance manual to help companies operating CMVs comply. The FMCSA Compliance Manual can be downloaded here.

Employers are advised to have a clear and concise written drug testing policy and to abide by state laws to avoid litigation. Employers may still test for and/or discipline an employee for marijuana under certain circumstances (e.g., post-accident). Oklahoma medical marijuana SQ 788 does not permit an employer to discipline or terminate a cardholding medical marijuana employee based solely on the presence of marijuana in a drug test. Regardless of a cardholder status, employers are not permitted to bring marijuana to their place of work or be under the influence during their hours of work. If an employee's job is covered by federal guidelines, then they must abide by the federal regulations in order for the company to remain in compliance with federal guidelines, regardless of state laws. Medical marijuana is not a medical exception under the U.S. DOT drug testing regulations, and federally mandated employers are expected to follow federal guidelines.

Under FMCSA regulations, an employer must request a pre-hire MVR in all states where a CDL license was held within the previous 3-year period, and then annually as part of the employee’s annual review process.