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Safety & Compliance Resources

J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

Driver Qualification Files - What's Required

Section 391.51 of the Federal Motor Carrier Safety Regulations details what a driver qualification file must contain.

The following documents are to be included for each regularly employed driver:

  1. Driver application for employment
  2. Motor vehicle record (MVR) from licensing authorities, obtained at time of hire
  3. Road test form and certificate, or license or certificate accepted in lieu of road test
  4. Medical exam certificate or (for CDL/CLP drivers) MVR showing current medical certification status
  5. Verification that the medical examiner was listed on the National Registry of Certified Medical Examiners
  6. Annual motor vehicle record
  7. Annual review of driving record
  8. Annual list of violations (Not required to be collected from drivers May 9, 2022, and later. Retain documents for three years if dated May 8, 2022, and earlier.)

The following documents are also required, but are not applicable to all drivers:

  1. Documentation of any medical variance, exemption, or waiver
  2. Longer Combination Vehicle (LCV) Driver-Training Certificate
  3. Entry-level driver training certificate (If hired before February 7, 2022, with less than 1 year of CDL-vehicle driving experience.)

Depending on the state you are operating in, additional items may be required.

Section 391.53 details additional information related to a driver’s three-year safety performance history, to be kept in a secure location with controlled access (these may be combined with the DQ file or kept separate):

  1. Driver’s written authorization to seek information about drug/alcohol testing history from employers regulated by a DOT agency other than FMCSA. Inquiries to FMCSA-regulated employers prior to January 6, 2023, must be retained in the Driver Investigation History file. The Clearinghouse retains the driver’s consent and replaced the need to ask FMCSA-regulated employers DOT drug and alcohol violation questions as part of the Safety Performance History process.
  2. Response(s) received from previous employer(s) or documentation of efforts to obtain the information.

Other basic driver qualification requirements for drivers include the following:

  1. Must be at least 21 years old;
  2. Can read and speak the English language well enough to do the job (including being able to read traffic signs, complete forms, and converse with enforcement officers);
  3. Can safely operate the motor vehicle he/she will be driving;
  4. Is physically qualified to operate the vehicle in accordance with Sec. 391.41;
  5. Has a currently valid commercial motor vehicle operator’s license issued by only one state or jurisdiction;
  6. Has provided a list of violations as required by Sec. 391.27;

To help a carrier determine a driver’s qualification status, the regulations require the carrier to request driving records and check with the driver’s previous employers.

The motor carrier is required to maintain a driver qualification file for each driver it employs.