• DQ requirements for CMV drivers can be found in Part 391.
• A company’s drivers include any person operating a CMV for a carrier, including leased independent contractors.

The driver qualification requirements located in 49 CFR Part 391 apply to drivers of commercial motor vehicles (CMVs) involved in interstate commerce. Under 390.5, a CMV is any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

• Has a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater;
• Is designed or used to transport 9 or more passengers, including the driver, for compensation;
• Is designed or used to transport 16 or more passengers, including the driver, not for compensation; or
• Is used to transport hazardous materials in quantities requiring the vehicle to be placarded.

States also have driver qualification requirements for intrastate operations, either by adopting the federal rules or by establishing their own rules. Find more information about state-specific requirements in 49 CFR 384 — State Compliance with Commercial Driver’s License Program.

Other vehicles covered

The CMV definition includes combinations of vehicles that, by themselves, may not be regulated. For example, a pickup truck that weighs less than 10,000 pounds and is not normally regulated as a CMV could become one when pulling a small trailer. Both the trailer and the truck would then be regulated under the Federal Motor Carrier Safety Regulations (FMCSRs).

Note that a different CMV definition is used for the commercial driver’s license (CDL) and drug and alcohol testing regulations under Parts 382 and 383. These regulations apply to interstate or intrastate vehicles weighing or rated at 26,001 pounds or more, designed to transport 16 or more passengers, or must be placarded for hazardous materials.

Who is considered a driver?

When most people think of “drivers,” they imagine those with “driver” in their job title. However, many types of jobs may include driving duties, and in some cases, those who drive for the company are not employees of the company. Some examples include:

• Temporary or leasing agency drivers
• Technicians
• Mechanics
• Part-time drivers
• Casual drivers
• Any other carrier employee who drives, even if only occasionally

Independent contractors, or owner-operators, who are leased to a company are also that company’s drivers because they must drive under the carrier’s United States Department of Transportation (USDOT) number and operating authority.

• Knowing these definitions will help carriers navigate regulations.

Carrier: Also known as a “motor carrier,” this is a company that uses commercial motor vehicles while conducting business.

Certified Medical Examiner (CME): An individual certified by FMCSA and listed on the National Registry of Certified Medical Examiners in accordance with subpart D of this part.

Commercial driver’s license (CDL): A special classified license required for a driver that operates:

• A vehicle weighing, rated, or actual, 26,001 pounds or more;
• A combination of vehicles weighing or rated at 26,001 pounds or more, pulling a trailer with a rated or actual weight of 10,001 pounds or more;
• A vehicle required to be placarded for hazardous materials; or
• A passenger vehicle designed to seat 16 or more.

Commercial motor vehicle (390.5): Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

Driver qualifications: A list of minimum standards that all commercial drivers must meet.

Driver qualification file: A record of documents a carrier must maintain to prove that the driver meets the qualification requirements.

Gross combination weight rating (GCWR): The greater of:

• The value specified by the manufacturer of the power unit, as shown on the certification label; or
• The sum of the GVWRs or the GVWs of the power unit and the towed unit(s), or any combination of those that produces the highest value.
• Note that the GCWR of the power unit will not be used to define a CMV when the power unit is not towing another vehicle.

Gross vehicle weight rating (GVWR): The value specified by the manufacturer as the loaded weight of a single motor vehicle.

Highway: Any road, street, or way (whether on public or private property) that is “open to public travel,” meaning the road or way is:

• Available (except during scheduled periods, extreme weather, or emergency conditions) and passable by four-wheel standard passenger cars; and
• Open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration.

Interstate commerce: Trade, traffic, or transportation in the United States—

(1) Between a place in a State and a place outside of such State (including a place outside of the United States);

(2) Between two places in a State through another State or a place outside of the United States; or

(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.

Medical examiner’s certificate (medical card) MCSA-5876: A certificate issued to drivers by the examiner after they pass a Federal Motor Carrier Safety Administration (FMCSA) physical exam.

Medical Examination Report (MER) MCSA-5875 (long form): The form on which the CME records the medical examination results and contains the driver’s health history.

Motor vehicle report (MVR): A driver’s driving record showing license type, license status, past traffic convictions, and past accidents, available through the driver licensing authority the driver is, or was, licensed in.

• This is referred to by some states or licensing authorities as a “driver’s abstract.”

Motor vehicle: Any vehicle, machine, tractor, trailer, or semitrailer (or any combination of those) propelled or drawn by mechanical power and used on the highways in the transportation of passengers or property, including the vehicle itself.

• This does not include vehicles operated on rails, nor trolley buses powered by an overhead electrical wire.

Safety performance history (SPH): A detailed check of a driver-applicant’s past DOT-regulated employment.

• Some drivers may be exempt from FMCSRs.
• Motor carriers are responsible for compliance, including temporary or driver-leasing agency drivers.

Certain drivers and/or operations may be exempt from all or portions of the driver qualification rules in Part 391, in addition to those who are exempt from all Federal Motor Carrier Safety Regulations. The exemption may be based on:

• The type of vehicle being operated,
• The type of transportation being performed,
• The period of employment,
• The frequency of driving, or
• Other special circumstances.

Major exceptions

Section 390.3 describes the types of operations that are exempt from the Federal Motor Carrier Safety Regulations (FMCSRs):

• All school bus operations (home to school or school to home), as defined in 390.5;
• Transportation performed by the federal, state, or local government (but not including contractors doing work for the government);
• The occasional transportation of personal property by individuals when there is no compensation involved and the transportation is not business-related;
• The transportation of human corpses or sick and injured people;
• The operation of fire trucks and rescue vehicles while involved in emergency and related operations;
• The operation of commercial motor vehicles designed to transport between 9 and 15 passengers (including the driver), not for direct compensation (though, these operations are not completely exempt from the FMCSRs); and
• Drivers of vehicles used to respond to a pipeline emergency or used primarily to transport propane winter heating fuel, but only if the regulations prevent the driver from responding to an emergency situation requiring immediate response.
  • Under 390.38, drivers of pipeline welding trucks are also exempt from driver qualification requirements.

Refer to 390.5 for important definitions of many of the terms used above.

Drivers hired before January 1, 1971

A complete driver qualification (DQ) file is not needed for any currently employed driver who has been continuously employed as a driver since before January 1, 1971. Documents not specifically required are:

• Driver’s application for employment (391.21);
• Initial driving record/motor vehicle report (MVR) from driver licensing authority or authorities obtained at the time of hire (391.23);
• Previous employer information obtained on driver-applicants as required prior to October 29, 2004 (391.23); and
• Road test form and certificate (391.31(g)), or license or certification accepted in lieu of a road test (391.33).

Are temporary agency (temp) drivers exempt?

All Federal Motor Carrier Safety Administration (FMCSA)-regulated motor carriers must be aware of their responsibility when using temp drivers. A temp agency, or staffing service, can assist the motor carrier in creating, and even storing, contents of the DQ file for drivers as the carrier’s agent. However, the carrier remains responsible to qualify the driver and create the DQ file for any driver from a temp agency, including having the carrier’s name on the DOT application and other documents as required by the FMCSRs in Part 391 for any driver operating the carrier’s CMVs.

NOTE: A carrier may not use the temp agency’s personnel file or DQ file created at the time the driver originally went to work for the temp agency.

If a driver is part of many motor carriers’ safety programs, especially if this type of employment occurred over a three-year period, the carrier is responsible for contacting all DOT-regulated former employers who used the temp driver during those three years.

For additional information on DOT drug and alcohol testing when using a driver from a staffing service, see DOT drug and alcohol testing.

What is the multiple-employer exception?

A multiple-employer driver is a driver who, in any period of seven consecutive days, is employed or used as a driver by more than one motor carrier. The regulations have two possible DQ file recordkeeping options for drivers who qualify.

A DQ file for a driver working for multiple carriers and employed under the rules in 391.63 must include:

• Medical exam certificate (original or copy (391.43(h)) or driving record showing medical qualification status (when required), as well as documentation or any variances;
• Road test form and certificate (391.31(g)), or license or certificate accepted in lieu of road test (391.33);
• Driver’s name and Social Security number; and
• Identification number, type, and issuing licensing authority of the motor vehicle operator’s license.

When a driver is furnished by another carrier, meaning the driver has a single (primary) employer, the secondary employer may use the exception in 391.65.

Under the terms of 391.65, the secondary employer does not have to create a DQ file if the primary employer certifies that the driver is fully qualified to drive a commercial motor vehicle in a written statement as prescribed in 391.65(a)(2)(vii).

The certificate is no longer valid if the driver leaves the employment of the motor carrier which issued the certificate or is no longer qualified under the rules in Part 391.

• Transport Canada has given the provinces and territories authority over motor carrier safety in Canada.
• Canada’s driver qualification file requirements are handled by each jurisdiction.

Canada driver qualification information will be linked when available.

• There are many qualifications drivers must meet to drive CMVs.

To be considered qualified to drive a commercial motor vehicle (CMV), drivers must:

• Be at least 21 years old;
• Be able to read and speak English well enough to:
  • Converse with the general public,
  • Understand traffic signs and signals,
  • Respond to official inquiries, and
  • Make entries on reports and records;
• Be able to safely operate the type of motor vehicle they drive, by way of experience, training, or both;
• Be physically qualified to drive a motor vehicle in accordance with the medical qualification standards in 391.41;
• Have a currently valid CMV operator’s license issued by only one driver licensing authority or jurisdiction;
• Not be disqualified to drive a motor vehicle under the rules in 391.15; and
• Have successfully completed a driver’s road test and been issued a certificate of driver’s road test (391.31), unless the employer accepts a driver’s license or previously issued certificate of road test instead (391.33).

Cargo distribution and securement

In addition to meeting the basic qualifications to operate a CMV, drivers must:

• Be able (through experience, training, or both) to determine whether the cargo they transport, including baggage in a passenger-carrying motor vehicle, has been properly located, distributed, and secured in or on the motor vehicles they drive; and
• Be familiar with methods and procedures for securing cargo in or on the motor vehicles they drive.

• The basic driver qualification standard in 391.11(b)(2) requiring drivers to read and speak English has not changed.
• Carriers must assess drivers prior to hire for their ability to read and speak English sufficient to converse with enforcement and understand highway road signs.
• The interview process, including highway sign recognition, can be used as part of the assessment, but there is no proof of ELP required in the driver qualification (DQ) file by FMCSA.
• Effective June 25, 2025, enforcement can place a driver out of service if unable to prove English language proficiency.

The Federal Motor Carrier Safety Regulations in 391.11(b)(2) state that commercial drivers must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.” This basic driver qualification requirement has not changed.

However, roadside enforcement policy has become more strict, effective June 23, 2025. Carriers should review their hiring policy, process, and driver training to ensure drivers can respond to queries in English and avoid being put out of service.

Driver pre-hire ELP assessment

FMCSA issued an interpretation providing with recommendations to conduct a pre-hire English language proficiency assessment. The following is the interpretation verbatim:

“Question: What should a motor carrier do to assess a CMV driver’s English language proficiency (ELP) during the driver qualification process?

“Guidance: Because 49 CFR § 391.11(a) prohibits a motor carrier from requiring or permitting a person to drive a CMV unless that person is qualified, a motor carrier should assess a driver’s qualifications, including the ability to comply with the ELP requirements of 49 CFR § 391.11(b)(2).

“Motor carriers may conduct this assessment using various methods. The assessment should include processes to evaluate whether the driver is able to sufficiently communicate with law enforcement officers (e.g., during a roadside inspection) and to understand highway traffic signs that they may encounter while driving.

“While there is no DQ file documentation required by FMCSA, the agency recommends that a motor carrier manager conduct a driver interview in English and include inquiries that would show whether the driver could answer questions related to:

1. The origin and destination of a recent or planned trip.
2. The amount of time spent on duty, including driving time and the record of duty status (or logbook).
3. The information contained in the driver's license.
4. Information contained in shipping papers (actual or sample shipping papers, including hazardous materials shipping papers, if applicable) for the load transported/to be transported.
5. Vehicle equipment subject to inspection.

“Because the driver interview is a means of establishing the driver’s ability to respond to official inquiries by speaking English sufficiently, the manager should inform the driver that the driver should respond to the inquiries in English.

“Tools to facilitate communication such as interpreters, I-Speak cards, cue cards, smart phone applications, and On-Call Telephone Interpretation Service should not be used during the driver interview, as those tools may mask a driver’s inability to communicate in English.

“FMCSA also recommends that the manager explain to the driver that the ELP regulation requires the driver to sufficiently understand and explain the meaning of U.S. highway signs. The manager should select various signs from the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) as well as examples of dynamic message signs the driver may encounter while operating a CMV and ask the driver to explain the meaning of the selected signs. The driver’s explanation may be in any language, provided the manager is able to understand the driver’s explanation.

“After the successful completion of the ELP assessment, the manager may proceed with the rest of the interview in a language other than English, as appropriate.”

A mock roadside inspection with the above questions may be a way to ensure all driver hires understand what is required by enforcement along with assessing English language proficiency.

Minimizing discrimination claims

To avoid or minimize discrimination claims, the Equal Employment Opportunity Commission (EEOC) allows employers to test for English proficiency if the skill is essential to perform the job effectively. So, the requirement that a truck driver must read and understand road signs, safety instructions, or communicate with dispatch in English, a language test may be justified. However, any test must be administered consistently to all applicants for the same position. Selectively testing only applicants of certain national origins would likely be discriminatory.

A policy or application question — such as asking whether English is the applicant’s second language or whether they may not meet the English language standard in 49 CFR 391.11(b)(2)—raises some red flags. Testing only applicants who self-identify as non-native English speakers could still trigger claims under federal and state anti-discrimination laws, even if federal law requires English proficiency.

Alternatively, the job description or job posting, and job application could include a statement like: “This position requires compliance with 49 CFR 391.11(b)(2), which includes the ability to read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records.”

Roadside enforcement

Effective May 20, 2025, Commercial Vehicle Safety Alliance (CVSA) policy advises officers begin all roadside inspections in English. If it seems the driver may not understand the officer’s initial instructions, the officer is directed to conduct a two-part assessment to evaluate the driver’s compliance with the English language standard.

On and after June 25, 2025, enforcement can place the driver out of service if the driver fails the assessment until they can meet the English language requirements. If a driver is placed OOS, keep a record of the method used to achieve proficiency. Consider including video evidence of ELP; for example, a videotaped interview with the driver.

• The basic content of driver applications is specified in 391.21, but the actual form is left to the company’s discretion.
• Although carriers may be tempted, they should avoid using DOT-regulated driver applications for non-regulated driving jobs.

The basic content of driver applications is specified in 391.21, though the actual form is left to the company’s discretion. A company can ask for more information than is required, but at a minimum, the application for employment must contain:

• Name and address of the employing motor carrier;
• Applicant’s name, address, date of birth, and Social Security number;
• Applicant’s address(es) for three years preceding date of application;
• Date of application;
• Issuing driver’s licensing authority, number, and expiration date of applicant’s operator’s license;
• Nature and extent of applicant’s experience operating motor vehicles;
• List of all motor vehicle accidents involving applicant during last three years;
• List of all violated motor vehicle laws and ordinances applicant was convicted of or forfeited bond or collateral for during the last three years;
• A statement detailing facts and circumstances of any denial, revocation, or suspension of any license, permit, or privilege to operate a motor vehicle issued to the applicant, or a statement that no such denial, revocation, or suspension has occurred;
• List of the names and addresses of applicant’s employers during the last three years, including dates of employment and reason(s) for leaving.
  • If applicants will operate a commercial motor vehicle (CMV) that has a gross vehicle weight rating (GVWR) of 26,001 pounds or more, is designed to carry more than 15 people, or is any size used to carry hazardous materials, they must also list employment for which they operated a CMV during the seven years preceding the three years mentioned above;
• For each previous employer listed on the application, an indication of:
  • Whether the applicant was subject to the FMCSRs while employed by that previous employer, and
  • Whether the job was designated as a safety-sensitive function subject to the drug and alcohol testing requirements of Part 40; and
• The certification statement that the information supplied is correct, and the applicant’s signature line and a date line.

Although not a required part of the application, the company must notify applicants prior to their submission of the application that the information supplied for previous employers may be used to contact them along with their due process rights to contest inaccurate or false information. The regulations provide for the inclusion of additional information requests as part of the applications, so the notification can be part of the application alongside other desired information.

Human Resource department concerns

The Federal Motor Carrier Safety Regulations (FMCSRs) lay out specific application requirements for hiring drivers, from when the application must be completed to the exact information that must be requested. By contrast, federal employment law says very little about non-driving job applications.

Carriers might be tempted to use the same application for everyone, but this is discouraged. Not only is much of the driving-related information irrelevant to non-driving positions, but some of the other fields, like date of birth, Social Security number, and address history, could put employers at risk for claims of discrimination.

• Within 30 days after the employment date, carriers must obtain MVRs from each driver licensing authority the driver held a license or permit in during the last three years.
• A CDL driver's current state of licensing initial MVR run at time of hire must be in the DQ file before they operate a CMV.

Within 30 days after the date employment begins, the motor carrier must obtain a motor vehicle record (MVR) from each driver licensing authority in which the applicant held a motor vehicle operator’s license or permit during the last three years. Most states require that MVR requests be submitted on a prescribed state form, often available online, but the process may vary from state to state or by licensing authority.

For interstate drivers holding a commercial driver’s license (CDL) or a commercial learner’s permit (CLP), a current MVR must be on file before allowing the driver to operate a commercial motor vehicle. Only in states that have not transitioned to the National Registry phase II (NRII) is it allowed to have a medical card take the place of an MVR with certification information for up to 15 days after a DOT exam.

Other than the current state of licensing MVR, a CDL driver's MVRs from from other licensing authorities in the the prior three years can be placed in the DQ file within 30 days after hire.

The Commercial Driver’s License Information System (CDLIS) MVR serves as proof of medical certification and is used to verify that the driver is properly self-certified. Carriers should keep in mind that:

• Any CDL/CLP holder whose MVR shows a medical certification status of “not certified” or shows no status at all must not drive any commercial motor vehicle (CMV), CDL or non-CDL vehicle, in interstate commerce.
• They must use the MVR to verify that the CDL/CLP driver is properly self-certified with the state or driver licensing authority.
  • A driver who is self-certified as an intrastate driver, for example, must change the self-certification before operating in interstate commerce.
• The MVR may also be used to obtain the National Registry number of the medical examiner, as well as from the medical card, so the carrier can verify that the examiner was listed on the registry at the time of the exam.

The original or a copy of the driving record, or documentation that a record does not exist, must be placed into the driver’s qualification file.

Carriers are required to keep initial MVR(s) for the duration of employment plus another three years, including the initial MVR showing medical certification. Annual driving records obtained during employment can be discarded after three years, this initial record cannot.

Find more information about state or driver licensing authority MVR requests in 49 CFR 384.

• Carriers have many responsibilities when conducting a background check.
• Applicants can challenge the SPH if they find erroneous information.

Before starting an investigation, motor carriers must understand their responsibilities. For all drivers hired on or after October 30, 2004, this includes completing a safety performance history (SPH). When conducting a background check, prospective employers must:

• Notify applicants with Department of Transportation (DOT)-regulated employment within the past three years that they have the right to review and challenge information provided by previous employers.
• Contact each DOT-regulated employer who employed the driver during the preceding three years and request:
  • General employment data about the driver, and
  • Information about commercial motor vehicle (CMV) DOT accidents involving the driver.
• Since January 6, 2023, a pre-employment query in the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse is the required means of obtaining information on violations under Part 382 and Part 40 for FMCSA-regulated employers;
• Keep a written record of each previous employer contacted, including the name and address, date of contact, and the information received about the driver;
• File the investigation results or show efforts to obtain the information within 30 days after the hire date in the Driver Investigation History (DIH) file per 391.53;
• The DIH file must be maintained in a secure location with controlled access limited to people involved in the hiring process;
• Provide identifying data about the driver, such as:
  • Name,
  • Date of birth, and
  • Social Security number; and
• Request basic employment information, including:
  • Starting and ending dates, and
  • Job responsibilities.

Previous employers must respond within 30 days, and the prior employers must keep a record of their response to the prospective employer for one year. Those who don’t respond risk being reported to the FMSCA.

For drivers hired before October 30, 2004, employers must have records of general employment verifications sent to all former employers for the three years prior to the application date or a record of a good faith effort.

Special circumstances

Applicants intending to operate a vehicle requiring a CDL must provide 10 years of employment history for which they operated a CMV. However, the prospective employer only needs to request the safety performance history (SPH) information from employer(s) for the past three years.

If applicants were not employed by a DOT-regulated employer during the preceding three years, documentation stating that no investigation was possible must be placed in the file.

If applicants have a CDL and were subject to DOT drug and alcohol testing over the past three years, the prospective employer must request this information from previous employers, even if the vehicle the applicants will drive will not require a CDL.

Accident information

For all DOT accidents (see the definition of accident in 390.5) involving the driver during the three-year period preceding the date of the employment application, prospective employers must obtain the following information:

• Date of accident;
• City or town (or most near) and state or jurisdiction where the accident occurred;
• Driver name;
• Number of injuries;
• Number of fatalities; and
• Whether hazardous materials were released, other than fuel spilled from the tanks of motor vehicles involved in the accident.

Prospective employers must also request information about any other accidents the previous employer may wish to provide, though they are not required to provide additional information.

Can an applicant challenge the SPH?

If desired, applicants can request to review the information provided by previous employer(s) and contest the information as follows:

• A written request must be made to the prospective employer within 30 days after the date of hire or date that employment was denied.
• The information must be provided to applicants within five business days after the request is received (or within five days after receiving the information from previous employers, if it was not received by the time of the request).
• Applicants have 30 days to pick up the information.
• If applicants wish to contest the information, they must contact the previous employer and either request the correction or submit a rebuttal.
• Drivers can report any previous employers who refuse to correct erroneous information or include the driver’s rebuttal in information sent to other employers to the FMCSA.

• Hiring employers must make a good faith effort to obtain required information from previous employers.

Hiring employers must make a good faith effort to obtain the required information from previous employers. Employers who make a good faith effort, but are unable to obtain the information, may continue to use the driver if they document the attempt.

In this context, good faith means a request of each former employer listed on the driver’s employment application or known to exist. Where information is not forthcoming, a good faith effort consists of something more than the original mailed request for information and will vary depending on the situation.

Except where there is a clear refusal by a former employer to provide information, there should also be a follow-up attempt to obtain the information, and this report should be kept in the driver’s confidential file as part of documenting the employer’s good faith effort.

• Drivers’ previous employment records must be investigated within 30 days of employment date.
• All information must be kept in the DQ file or Driver Investigation History (DIH) file for the duration of employment and three years after.

The investigation of a driver’s previous employment record must be made within 30 days after the driver’s employment begins. Each previous employer the applicant worked for during that period must be investigated via:

• Personal interviews
• Telephone interviews
• Letters
• Any other means deemed appropriate

All contact with former employers, including verbal (personal or telephone interviews), must be recorded in writing. The record must include the past employer’s:

• Name
• Address
• Date of contact
• Comments received with respect to the driver

This information must be kept in the driver’s investigation history file (391.53) for as long as the driver is employed by the motor carrier, plus three additional years, in a secure location with controlled access limited to people involved in the hiring process.

• The PSP is a voluntary program, and carriers get charged for its use.
• The PSP reports three years of violations and five years of crashes.

The Federal Motor Carrier Safety Administration (FMCSA) offers the PSP to motor carriers to obtain:

• Crash records for the last five years, and
• Roadside inspection data for the last three years.

Rather than showing any conviction data, these records will show a driver’s involvement in all Department of Transportation (DOT) recordable crashes, as well as any violations a driver has been cited for following a roadside inspection during those spans of time, regardless of the driver’s employers.

The PSP only reports the events, and there is no “score” or “value” attached to the driver based on the number of crashes or violations . Carriers may decide whether to hire the driver candidate. A few facts they should keep in mind are:

• The PSP is a voluntary program and a best practice. Carriers will be charged a small fee for each applicant they wish to investigate, even if they enter the wrong data (e.g., driver’s license number) into the system.
• PSP has nothing to do with the Compliance Safety Accountability (CSA) initiative and is merely another tool to help screen applicants.
• Carriers do not inherit PSP data. While the driver’s violations are not added to the carrier’s data, if a carrier hires a person with a poor roadside-inspection record, any new violations during a roadside inspection while driving for the carrier will be added to the carrier’s data.
• To use the PSP, carriers must agree to all legal obligations and consent in writing that they will only use the records for pre-employment screening. The obligations include:
  • Obtaining the written consent of the applicant to check the driving history, and
  • Abiding by the regulations provided under the Fair Credit Reporting Act, among others.

Employers can enroll for this service at the PSP website, https://www.psp.fmcsa.dot.gov.

How to use the PSP

Carriers should add PSP to the company’s hiring process and standards. Many rely on insurance companies, consulting services, attorneys, etc. to develop hiring standards. Carriers must decide what violations are disqualifiers and what thresholds are acceptable for applicants.

One method to evaluate applicants’ PSP data is to assign a point system for scoring purposes that holds:

• A higher value for more serious violations that they should have managed, and
• A lower score for minor violations that may be considered minimal.

Whatever process is chosen, it is wise to state the standards:

• On the application form,
• During the recruiting process, and
• On the company website.

Carriers may be required by their insurance companies to use the PSP to be considered insurable. As the program gains acceptance, it may become financially wise to hire only those with proven safe driving records through the PSP data.

• A road test is one of the major qualifications for drivers.
• Regulations do not specify who can administer a road test.

Section 391.11(b) states that drivers must be able to safely operate the motor vehicle assigned “by reason of training and/or experience” as one of the qualification requirements. Section 391.31 provides the employing carrier with the means for making this determination by requiring a driver to successfully complete a road test.

What needs to be included in the road test?

Road tests must be conducted using a motor vehicle of the type the driver is to be assigned, and as a minimum, the test must include:

• A pretrip inspection;
• Coupling and uncoupling a combination, if the driver may drive such equipment;
• Placing the vehicle in operation;
• Using the vehicle’s controls and emergency equipment;
• Driving in traffic and passing other vehicles;
• Turning;
• Braking, and slowing by means other than braking; and
• Backing and parking.

The motor carrier is required to rate the driver’s skill in each operation on a road test form, which will then be signed by the person giving the test.

Who can perform the road test?

The regulations do not specify a title or training for the individuals administering road tests. Carriers may use a person deemed competent, including:

• Someone within their organization (veteran driver, supervisor, etc.), or
• Someone outside of the operation who is a designated person.

A best practice is to use someone qualified to operate the vehicle because if the road test is unsuccessful, they can drive the vehicle back to the carrier.

Timing of the road test

Per FMCSA guidance, road tests can be given to driver-applicants without first testing for controlled substances or running the pre-employment query, but this may not be prudent. However, driver-applicants cannot perform safety-sensitive functions, such as:

• Delivering or picking up a trailer containing freight at a customer’s location, or
• Other forms of dispatch.

Carriers must obtain a verified negative controlled substance test result prior to a driver’s first dispatch to avoid violating the pre-employment drug testing regulations in 382.301, which could result in severe penalties and fines.

The exception for the Department of Transportation (DOT) pre-employment drug test does not apply to the pre-employment query of the commercial driver’s license (CDL) Drug and Alcohol Clearinghouse. Carriers must have a query report prior to allowing a CLP or CDL driver to operate a commercial motor vehicle (CMV) as defined in 383.5/382.107.

Upon successful completion of the road test, the person administering the test must complete a certificate of road test and give a copy to the driver. The original or a copy of the certificate must be placed in the driver qualification (DQ) file.

Equivalent of a road test

In lieu of a road test, the regulations allow a motor carrier to accept:

• A valid CDL issued by a licensing authority which requires a road test for the type of vehicle the driver is to be assigned; or
• A certificate of road test issued to the driver by a motor carrier during the preceding three years.

If employers intend to assign a vehicle necessitating the doubles/triples or tank vehicle endorsement on a CDL to a driver, they still must administer the road test in that type of vehicle and cannot use either exception.

Drivers using the Alternative Vision Standard in 391.44 to medically qualify for the first time, may not use the road test exception in 391.33. The driver must receive a road test in accordance with 391.44(d), unless an exception applies per 391.44(d)(5).

If employers accept a previous road test certificate or CDL license in lieu of a road test, they must retain a legible copy in the DQ file.

• When drivers are rehired, some items from their original DQ or Driver Investigation History (DIH) files can be reused.
• Others must be recreated.

When drivers leave a company and are then rehired, there may be some items in their original driver qualification (DQ) or DIH file that can be reused despite being considered new hires by the Federal Motor Carrier Safety Administration (FMCSA). Items that can be recycled from the old files include:

• Road test/certificate, if completed less than three years ago (see 391.33(a)(2));
• Medical certificate, if still valid; and
• Information obtained from previous employers, if it pertains to the three years that precede the rehire date and the inquiries sent were in compliance with 391.23.
  • Carriers don’t have to redo previous employer checks if those checks comply with current rules.

Items that must be recreated include:

• A new application using the rehire date as the point of reference, as well as:
  • All employment while the driver was away;
  • Dates previously employed by the motor carrier and anyone else within the three years prior to rehire; and
  • Any violations, accidents, residences, etc. based on the rehire date;
• Motor vehicle records (MVRs) requested to coincide with the rehire date for any states of licensing in the prior three years that are not in the prior DQ file while at the carrier before rehire. (For a CDL driver the current licensing authority MVR also serves as their proof of medical certification, so the MVR cannot show the driver as “Not Certified.” If so, the CDL driver cannot operate a CMV even if they have a medical card copy from an examiner with a new expiration date, per FMCSA.);
  • See 391.23(b) to comply with this regulation; and
• Previous employer checks, or safety performance histories, requested on any employment during the absence, as well as existing investigations not done in compliance with regulation changes in 391.23 for all DOT-regulated employers for the three years prior to rehire.

Documents from drivers’ original DQ or DIH files that are not reused must be retained in the same manner as if they never returned to employment, or the same as when anyone leaves employment. The following items must be retained from the original file for three years from the termination date (391.51 and 391.53):

• Application;
• Original MVR;
• Road test/certificate, if unable to use in the rehire process; and
• Previous employer checks, if unable to use in the rehire process.

• At least every 12 months, carriers must request and review each driver’s MVR from any driver licensing authority from which the driver held a license in the past 12 months.
• Carriers can satisfy this requirement by enrolling their drivers in an employer notification system (ENS), also known as an MVR monitoring program.
• Screenshots can sometimes be used.

At least every 12 months, motor carriers must request and review each driver’s motor vehicle record (MVR) from every driver licensing authority where the driver held a license or permit.

For commercial driver’s license (CDL) and commercial learner’s permit (CLP) drivers, a new driving record must be obtained every time they obtain a new medical certification because the driving record serves as proof that the driver is medically certified. This may occur more often than annually, and a driving record obtained for this purpose can be used to satisfy the annual driving record requirement.

Employer notification systems (ENS)

Carriers can satisfy the requirement to obtain an annual driving record by enrolling their drivers in an employer notification system (ENS), also known as an MVR monitoring program. These programs provide carriers, either directly with the licensing authority or through a third party, with:

• A report for every driver licensing authority in which the driver held a commercial license or permit; and
• Information about license status, driving-related crashes, and convictions.

To comply with the annual-review requirement, review the following:

The annual MVR review must include the name of the reviewer, and if the ENS record includes that name, then no other documentation is required. The ENS records may be kept electronically if they contain all required elements and can be printed on demand.

Using screenshots for proof of medical certification

Federal Motor Carrier Safety Administration (FMCSA) policy allows carriers to use screenshots from a state’s driver licensing agency website to comply with the requirement of obtaining an MVR for a CDL/CLP driver if it shows the required medical certification information. Not all states offer electronic MVRs, however, and screenshots may not be used in place of:

• The initial MVR obtained within 30 days after the hire date (391.23) or before operating a CMV for a CDL driver due to the MVR being the only acceptable proof of medical certification, or
• The required annual MVR (391.25).

• Carriers must pay close attention when reviewing MVRs.
• Some carriers establish a “points” system when evaluating driving records.

In reviewing driving records, carriers must pay particular attention to:

• Indications of noncompliance with the Federal Motor Carrier Safety Regulations (FMCSRs) or Hazardous Materials Regulations;
• Any accidents;
• Any indications of motor vehicle laws and regulations violations, especially those indicating a disregard for public safety or a disqualification under the provisions of 391.15, or in the tables found in 383.51 covering CDL-vehicle drivers, such as:
  • Speeding,
  • Texting,
  • Operating a vehicle while under the influence of alcohol or drugs,
  • Leaving the scene of an accident involving personal injury or death, and
• For commercial driver’s license (CDL) and commercial learner’s permit (CLP) drivers, information concerning their:
  • Medical certification status; and
  • Type of operation that they self-certified they will perform, such as:
    • Interstate or intrastate, and
    • Excepted or non-excepted.

A written record which contains the reviewer’s signature, comments, and the date must be placed in the driver’s qualification file.

Some carriers establish a “points” system to use when evaluating a driving record, assigning points to violations based on company standards and taking disciplinary action when a certain number of points are reached.

• Drivers were required to supply a list of all violations every 12 months through May 8, 2022 and prior.
• On and after May 9, 2022, the Annual List of Violations is not required as 391.27 is no longer in effect.
• No prior copies of the Annual List of Violations need to be in the DQ file on and after May 9, 2025, since the rule was eliminated more than three years ago.

A driver’s employment application must still list all violations of motor vehicle laws or ordinances of which the applicant was convicted, or forfeited bond or collateral, during the preceding three-year period.

Prior to May 9, 2022, carriers were required to update this record at least every 12 months by requiring drivers to supply a list of all violations of motor vehicle traffic laws or ordinances for which they were convicted, or forfeited bond or collateral, during the preceding 12 months. This did not apply to parking violations. On and after May 9, 2022, carriers are not required to have drivers complete the annual list of violations. No prior copies of the Annual List of Violations need to be in the DQ file on and after May 9, 2025, since the rule was eliminated more than three years ago.

The format of the list of violations or certification was not prescribed, and although the decision was left up to the carrier, the regulations contained a suggested form.

Even when drivers had no violations, the record must have been submitted to the carrier indicating this, and the list or certificate of violations must have been filed as part of the driver’s qualification file. Any List of Violations documents required May 8, 2022 and prior, must be retained in the driver’s qualification file for three years from the document date.

Drivers subject to the commercial driver’s licensing (CDL) rules in Part 383 must still notify their employer of such convictions within 30 days (383.31). These violations were not required to be reported again on the annual list.

• Carriers are always responsible for documentation, even if a third party makes an error.

Motor carriers must keep numerous records to document compliance with the Federal Motor Carrier Safety Regulations (FMCSRs). Though the regulations specify which records must be kept, such as drivers’ logs, insurance documents, and medical certificates, they do not specify where or how they must be kept. Unless a regulation specifies a different location, required records can be kept:

• At a company’s principal place of business,
• At a regional office,
• At a driver work-reporting location, or
• At the offices of a third party.

Records must be made available to an authorized Federal Motor Carrier Safety Administrator (FMCSA) inspector within 48 hours after a request is made. This timeframe does not include weekends or federal holidays.

If a third party is hired to maintain a carrier’s documents, liability for the condition of those records always falls to the carrier. If the third party loses a record or fails to deliver a record to an FMCSA auditor, the carrier will pay the penalty.

• Records must be made available to DOT auditors within 48 hours of a request.

Driver qualification (DQ) files must be kept for the duration of the driver’s employment, plus three years afterwards. Records may be kept at the main office or at a regional or local location, but must be made available to a Federal Motor Carrier Safety Administration (FMCSA) auditor at the main office or other location within 48 hours after an official request has been made.

Carriers may remove certain outdated materials from the DQ file, such as materials that must be reviewed or updated periodically. Items that may be removed from the file after three years from the date they were created include:

• Medical examiner’s certificate or, for CDL drivers, any driving record obtained to verify medical qualification status;
• Until June 23, 2025, or the date by which each CDL/CLP driver’s licensing authority transitions to the direct update process, whichever is later, verification notes for the medical examiner being listed in the National Registry;
• Annual driving records obtained from the driver licensing authority(s);
• Annual driving record review notes; and
• Documentation of any medical variance.

• Prospective employers must keep a confidential DIH file for all new or prospective drivers.

For one year, previous employers must keep:

• A record of each request received from prospective employers;
• A record of any response sent, including:
  • The date;
  • The party to whom it was released; and
  • A summary identifying what was provided.
• Requests for correction of erroneous information and rebuttals received from former employees.

Prospective employers must keep a confidential driver investigation history (DIH) file containing all records related to the investigation into the safety performance history (SPH) of a new or prospective driver. At a minimum, this includes:

• A copy of drivers’ written authorization for the carrier to seek information about their drug and alcohol history (for FMCSA-regulated employment prior to January 6, 2023, and all other verifications of violations under non-FMCSA DOT agencies);
• A copy of the response(s) received from each previous employer, or documentation of “good faith efforts” to contact them. This must be in writing, and the record must include:
  • The previous employer’s name and address;
  • The date the previous employer was contacted; and
  • The information received about the driver from the previous employer; and
• Documentation of failures to contact a previous employer, or of them to provide the required SPH information.

The DIH file must be maintained in a secure location with controlled access. Employers must take all precautions reasonably necessary to protect the driver SPH records from disclosure to unauthorized people. Access must be limited to those directly involved in the hiring decision or who otherwise control access to the information. DIH file information must only be used in the hiring decision.

SPHs must be retained for the duration of employment and for three years afterwards. If the driver is not hired, the Federal Motor Carrier Safety Administration (FMCSA) does not require retention of the documents. However, employment law requires retaining vetting tools for typically one year.