The Federal Motor Carrier Safety Regulations (FMCSR) 391.51 mandates that motor carriers maintain a Driver Qualification File (DQF) for each driver who operates a commercial motor vehicle (CMV). This file serves as proof that the driver meets the minimum qualifications set by the Federal Motor Carrier Safety Administration (FMCSA).
Below is a breakdown of the required documents and records that must be included in a DQF under FMCSR 391.51.
Driver’s Application for Employment (391.21)
Each driver must complete and sign an employment application, which must include:
- Full name, date of birth, and social security number
- Addresses for the past three years
- Driver’s license information (issuing state, number, and expiration)
- Employment history for the previous ten years (for drivers with CMV experience)
- Driving experience (types of equipment operated)
- Accident history for the last three years
- Traffic convictions or license suspensions in the past three years
- Any previous disqualifications or violations
Motor Vehicle Record (MVR) – Initial and Annual (391.23, 391.25)
- Initial MVR: The carrier must request the driver’s Motor Vehicle Record (MVR) from each state where the driver has held a license in the last three years.
- Annual MVR: The carrier must obtain an updated MVR each year to ensure the driver remains qualified.
Road Test and Certificate (391.31, 391.33)
- The driver must complete a road test conducted by the carrier, covering pre-trip inspections, basic driving skills, and on-road performance.
- A road test certificate must be signed and kept in the DQF.
- A Commercial Driver’s License (CDL) can substitute for the road test if the driver meets FMCSA standards.
Medical Examiner’s Certificate (391.43, 391.45)
- Every driver must pass a DOT medical examination conducted by a certified medical examiner.
- A Medical Examiner’s Certificate (MEC) must be issued and renewed every two years or more frequently if required due to medical conditions.
- A Skill Performance Evaluation (SPE) Certificate for drivers with physical impairments must be included if applicable.
Medical Examination Report Form (391.43)
- The full Medical Examination Report (MER) Form must be retained for at least three years.
Annual Certificate of Violations (391.27)
- Each year, the driver must submit a signed list of any traffic violations (excluding parking violations) from the past 12 months.
- If no violations occurred, the driver must provide a signed statement confirming that fact.
Annual Review of Driving Record (391.25)
- The carrier must review the driver’s MVR annually and evaluate whether the driver remains qualified.
- The carrier must sign a written record of this evaluation.
Safety Performance History (391.23, 40.25)
- The carrier must obtain safety performance records from the driver’s previous employers from the last three years.
- These records include:
- Drug and alcohol testing violations
- Accidents and safety-related incidents
- If no records exist, the carrier must document the attempt to obtain them.
Drug and Alcohol Testing Records (if applicable) (40.25, 382.413)
- Required for drivers subject to DOT drug and alcohol testing.
- Must include:
- Pre-employment drug test results
- Random, post-accident, and reasonable suspicion test results
- Records of any substance abuse treatment programs (if applicable)
Entry-Level Driver Training (ELDT) Certificate (380.609, 380.503)
- Required for drivers obtaining a CDL for the first time or upgrading their CDL.
- Must include documentation of completion from an FMCSA-approved training provider.
Retention Requirements for DQF Records
The Driver Qualification File must be maintained for the duration of the driver’s employment and for three years after employment ends. However, certain documents have specific retention periods:
- MVRs, annual reviews, certificates of violations: Keep for three years
- Medical Examiner’s Certificate: Keep for at least three years
- Safety performance history records: Keep for as long as the driver is employed plus three years
Conclusion
Maintaining an accurate and up-to-date Driver Qualification File is essential for compliance with FMCSA regulations. Failure to do so can result in penalties, fines, or driver disqualification. Trucking companies should regularly audit their DQF records to ensure compliance with FMCSR 391.51 and avoid regulatory violations.
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Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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