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Records may be kept at the main office or at a regional or terminal location. The regulations require that records be available at the main office or other location within 48 hours after an official request has been made.
Scope
A motor carrier must keep a driver qualification (DQ) file for each driver it employs. The file must contain specific documents to show evidence that the driver is qualified to drive a commercial motor vehicle (CMV).
Regulatory citations
- 49 CFR 391.51 — Driver qualification files
- 49 CFR 391.53 — Driver investigation history file
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 15 passengers (including the driver), and not used to transport passengers for compensation;
- Is designed or used to transport more than 8 people for direct compensation; or
- Is transporting hazardous materials of a type or quantity which requires placarding.
- Driver: Any person who operates any commercial motor vehicle.
- Motor carrier: A for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.
Summary of requirements
Active drivers. The regulations allow for removing outdated materials from the DQ file. This provision is applicable to those materials which must be reviewed or updated periodically.
| Document | Retention period |
|---|---|
| Driver-specific application (391.21) | Duration of employment, plus three years after it ceases |
| Original motor vehicle record (MVR) from time of hire (391.23) | Duration of employment, plus three years after it ceases |
| Road test/certificate (391.31) | Duration of employment, plus three years after it ceases |
| Photocopy of Commercial Driver’s License if used in lieu of a road test (391.33) | Duration of employment, plus three years after it ceases (subsequent renewals not required in the file) |
| Returned Safety Performance History inquiry, or record of your good faith efforts (391.23) | Duration of employment, plus three years after it ceases — and stored under the confidentiality requirements specified in 391.53 |
| Annual MVR (391.25) | Three years from document date |
| Annual documented review of the annual MVR (391.25) | Three years from document date |
| Driver’s annual list of violations (also known as certification of violations) (391.27) | Three years from document date Effective May 9, 2022, carriers are no longer required to request the Record of Violations (annual list of violations) from drivers. However, motor carriers must retain list of violation documents collected before the effective date for three years from the document date, unless otherwise clarified by FMCSA. |
| Medical Examiner’s Certificate (391.43(g)) | Three years from document date |
| MVR indicating medical status for CDL holders (391.41(a)(2)) | Three years from document date |
| Documentation that you checked the National Registry of Certified Medical Examiners(391.23(m)) | Three years from document date |
| Medical variance or exemption document, if applicable (391.49/Part 381) | Three years from document date |
Terminated drivers. When a driver leaves a carrier’s employment as a regulated driver, whether through resignation or termination from a regulated driving position, the DQ file is kept for three years from the date of separation from the carrier’s employment as a regulated driver. The Federal Motor Carrier Safety Administration (FMCSA) could ask to see its contents within these three years in the event of an investigation.