Driver qualification file

Scope

This regulation applies to drivers of commercial motor vehicles (CMVs) in interstate commerce and the motor carriers of these drivers.

Regulatory citations

• 49 CFR 391.51 — Driver qualification files

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

Summary of requirements

The following documents must be included in a DQ file for each driver:

• Application for employment (391.21);
• Motor vehicle record (MVR) from each licensing authority (391.23) in the the three years prior to hire;
• Road test form and certificate (391.31(e)), license, certificate accepted in lieu of road test (391.33), or the original of the written statement providing that the motor carrier determined the driver is not required by 391.44(d) to complete a road test pursuant to 391.44(d)(3)(ii)(A) and the original, or a copy, of the driver’s certification required by 391.44(d)(3)(i);
• Medical exam certificate — original or a copy (applies to drivers who do not hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP)) (391.43);
• Motor vehicle record that includes the driver’s current medical certification status and self-certification information (applies to drivers who hold a CDL or CLP) (391.43)*;
• Skill Performance Evaluation (SPE) certificate or medical exemption document (391.49 or Part 381);
• The motor vehicle record received from each licensing authority in the prior 12 months for the annual review of driving record inquiry (391.25(a));
• A note relating to the annual review of the driver’s motor vehicle record (391.25(c)(2));
• List of violations (391.27) (Editor’s note: Only list of violation documents provided through May 8, 2022, for three years from the document date); and
• A note verifying that the medical examiner who issued the medical examiner’s certificate is listed on the National Registry of Certified Medical Examiners (391.23(m)).

*A medical exam certificate is not required in the DQ file for CDL or CLP drivers whose MVR contains medical certification status information after 15 days from the most recent DOT medical exam. If non-excepted interstate CDL drivers do not have their medical status included on their MVR, they will not be certified to operate a CMV in interstate commerce.

Until June 23, 2025, a motor carrier may use a copy of a CDL driver’s current medical examiner’s certificate that was submitted to the state for up to 15 days from the date it was issued as proof of medical certification.

If the CDL driver’s medical certification is based on having a medical variance from the Federal Motor Carrier Safety Administration (SPE certificate or medical exemption document), the driver’s employer must keep a copy of the variance in the driver’s DQ file.

Record retention: DQ files are to be kept at the motor carrier’s principal place of business, a regional office, or driver work reporting location for the duration of the driver’s employment plus an additional three years after the driver stops working for the motor carrier.

The regulations also allow for the removal of outdated materials from the DQ file. After three years from the date of execution the following items can be discarded:

• The motor vehicle record received from each licensing authority for the annual review of driving record inquiry (391.25(a));
• A note relating to the annual review of the driver’s motor vehicle record (391.25(c)(2));
• List of violations (391.27) (Editor’s note: Even though this requirement was eliminated as of May 9, 2022, lists provided by drivers through May 8, 2020, must be maintained for three years from the document date);
• Medical exam certificate — original or copy for non-CDL drivers or the MVR for CDL drivers (391.43(f), 391.51(b)(7)(ii));
• Any FMCSA-issued medical variance (SPE certificate or medical exemption document); and
• The note verifying that the medical examiner who issued the medical examiner’s certificate is listed on the National Registry of Certified Medical Examiners (391.23(m)).