--- kind: "section" citation: "49 C.F.R. § 240.111" title: "49" number: "240.111" heading: "Individual's duty to furnish data on prior safety conduct as motor vehicle operator." url: "https://uscodex.org/cfr/49/240.111" --- # §240.111. Individual's duty to furnish data on prior safety conduct as motor vehicle operator. - (a) Except for persons covered by [§ 240.109(h)](/cfr/49/240.109.md?p=h), each person seeking certification or recertification under this part shall, within 366 days preceding the date of the railroad's decision on certification or recertification: - (1) Take the actions required by [paragraphs (b) through (f)](#b..f) or [paragraph (g)](#g) of this section to make information concerning his or her driving record available to the railroad that is considering such certification or recertification; and - (2) Take any additional actions, including providing any necessary consent required by State, Federal, or foreign law to make information concerning his or her driving record available to that railroad. - (b) **Each person seeking certification or recertification under this part shall—** - (1) Request, in writing, that the chief of each driver licensing agency identified in [paragraph (c)](#c) of this section provide a copy of that agency's available information concerning his or her driving record to the railroad that is considering such certification or recertification; and - (2) Request, in accordance with the provisions of paragraph [(d)](#d) or [(e)](#e) of this section, that a check of the National Driver Register be performed to identify additional information concerning his or her driving record and that any resulting information be provided to that railroad. - (c) Each person shall request the information required under [paragraph (b)(1)](#b-1) of this section from: - (1) The chief of the driver licensing agency of any jurisdiction, including a State or foreign country, which last issued that person a driver's license; and - (2) The chief of the driver licensing agency of any other jurisdiction, including states or foreign countries, that issued or reissued him or her a driver's license within the preceding five years. - (d) Each person shall request the information required under [paragraph (b)(2)](#b-2) of this section from the Chief, National Driver Register, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 in accordance with the procedures contained in appendix C of this part unless the person's motor vehicle driving license was issued by a State or the District of Columbia. - (e) If the person's motor vehicle driving license was issued by one of the driver licensing agencies of a State or the District of Columbia, the person shall request the chief of that driver licensing agency to perform a check of the National Driver Register for the possible existence of additional information concerning his or her driving record and to provide the resulting information to the railroad. - (f) If advised by the railroad that a driver licensing agency or the National Highway Traffic Safety Administration has informed the railroad that additional information concerning that person's driving history may exist in the files of a State agency or foreign country not previously contacted in accordance with this section, such person shall: - (1) Request in writing that the chief of the driver licensing agency which compiled the information provide a copy of the available information to the prospective certifying railroad; and - (2) Take any additional action required by State, Federal, or foreign law to obtain that additional information. - (g) Any person who has never obtained a motor vehicle driving license is not required to comply with the provisions of [paragraph (b)](#b) of this section but shall notify the railroad of that fact in accordance with procedures of the railroad that comply with [§ 240.109(d)](/cfr/49/240.109.md?p=d). - (h) Each certified locomotive engineer or person seeking initial certification shall report motor vehicle incidents described in § [240.115(h)(1)](/cfr/49/240.115.md?p=h-1) and [(2)](/cfr/49/240.115.md?p=h-2) to the employing railroad within 48 hours of being convicted for, or completed State action to cancel, revoke, suspend, or deny a motor vehicle driver's license for, such violations. For purposes of this [paragraph (h)](#h) and [§ 240.115(h)](/cfr/49/240.115.md?p=h), “State action” means action of the jurisdiction that has issued the motor vehicle driver's license, including a foreign country. For the purposes of engineer certification, no railroad shall require reporting earlier than 48 hours after the conviction, or completed State action to cancel, revoke, or deny a motor vehicle driver's license. ## Notes ### Amendments [56 FR 28254, June 19, 1991, as amended at 64 FR 60990, Nov. 8, 1999; 74 FR 25175, May 27, 2009; 74 FR 68182, Dec. 23, 2009; 85 FR 81309, Dec. 15, 2020] ### Authority Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. ### Source Source: 56 FR 28254, June 19, 1991, unless otherwise noted. ### Amendments [56 FR 28254, June 19, 1991, as amended at 64 FR 60990, Nov. 8, 1999; 74 FR 25175, May 27, 2009; 74 FR 68182, Dec. 23, 2009; 85 FR 81309, Dec. 15, 2020]