What Must Be in a Motor Carrier's Driver Qualification File?

A driver qualification (DQ) file is the record a motor carrier keeps to show that each driver it employs is qualified under 49 CFR Part 391. Each motor carrier must keep a DQ file for each driver it employs, and the file may be combined with the driver's personnel file (49 CFR 391.51(a)). Auditors check DQ files during safety audits and investigations, as noted in FMCSA safety audit drug and alcohol violations.

What the file must include. Section 391.51(b) lists these items:

• The driver's employment application completed under 49 CFR 391.21
• The motor vehicle record (MVR) from each state licensing authority obtained at hire under 49 CFR 391.23(a)(1)
• The certificate of road test, an accepted equivalent license or certificate, or the documents for a driver who is not required to take a road test under 49 CFR 391.44(d)
• The MVR from each licensing authority obtained for the annual inquiry under 49 CFR 391.25(a)
• A note on the annual review of the driving record, including the reviewer's name and the date (49 CFR 391.25(c)(2))
• The medical examiner's certificate or a legible copy. For CDL holders, the carrier meets this by obtaining the CDLIS MVR from the current licensing state and placing it in the file (49 CFR 391.51(b)(6)(i) and (ii))
• Any medical variance, such as a Skill Performance Evaluation Certificate or a medical exemption document
• For drivers not required to have a CDL, a note verifying that the medical examiner is listed on the National Registry of Certified Medical Examiners (49 CFR 391.51(b)(8))

What does not go in the DQ file. The safety performance history from previous employers, including drug and alcohol history, goes in a separate driver investigation history file. That file is kept in a secure location with controlled access, and the data may be used only for the hiring decision (49 CFR 391.53). The previous employer check FAQ covers the drug and alcohol portion.

How long the file is kept. The DQ file is kept for as long as the driver is employed and for three years afterward (49 CFR 391.51(c)). Some items may be removed three years after the date they were executed, including annual MVRs, annual review notes, medical examiner's certificates or CDLIS MVRs used as proof of certification, medical variances, and the note relating to verification of the medical examiner's listing on the National Registry of Certified Medical Examiners required by 49 CFR 391.23(m) (49 CFR 391.51(d)(1) through (5)). Drug and alcohol retention periods are separate and covered in DOT drug and alcohol record retention.

Practical points.

• The hire MVR and the previous employer investigation are due within 30 days after employment begins (49 CFR 391.23).
• The annual MVR inquiry and review happen at least once in each 12-month period (49 CFR 391.25).
• A missing medical certificate or expired certification can make a driver unqualified to operate a commercial motor vehicle (49 CFR 391.41(a)).