Excerpt from Title 49 – TRANSPORTATION, Sec. 391.51
General requirements for driver qualification files.
(a) Each motor carrier shall maintain a driver qualification file for each driver it employs. A driver’s qualification file may be combined with his/her personnel file.
(b) The qualification file for a driver must include:
(1) The driver’s application for employment completed in accordance with Sec. 391.21;
(2) A copy of the motor vehicle record received from each State pursuant to §391.23(a)(1);
(3) The certificate of driver’s road test issued to the driver pursuant to Sec. 391.31(e), or a copy of the license or certificate, which the motor carrier accepted as equivalent to the driver’s road test pursuant to Sec. 391.33;
(4) The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry required by §391.25(a);
(5) A note relating to the annual review of the driver’s driving record as required by Sec. 391.25(c)(2);
(6) A list or certificate relating to violations of motor vehicle laws and ordinances required by Sec. 391.27;
(7) The medical examiner’s certificate as required by §391.43(g) or a legible copy of the certificate; and
(8) A Skill Performance Evaluation Certificate obtained from a Field Administrator, Division Administrator, or State Director issued in accordance with §391.49; or the Medical Exemption document, issued by a Federal medical program in accordance with part 381 of this chapter.
(c) Except as provided in paragraph (d) of this section, each driver’s qualification file shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter.
(d) The following records may be removed from a driver’s qualification file three years after the date of execution:
(1) The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry required by §391.25(a);
(2) The note relating to the annual review of the driver’s driving record as required by Sec. 391.25(c)(2);
(3) The list or certificate relating to violations of motor vehicle laws and ordinances required by Sec. 391.27;
(4) The medical examiner’s certificate required by §391.43(g), a legible copy of the certificate, or for CDL drivers any CDLIS MVR obtained as required by §391.51(b)(7)(ii); and
(5) Any medical variance issued by FMCSA, including a Skill Performance Evaluation Certificate issued in accordance with §391.49; or the Medical Exemption letter issued by a Federal medical program in accordance with part 381 of this chapter.
Although a driver file checklist is not required, if used correctly, it can be a useful tool to ensure that a driver is fully qualified.
A checklist should be used for each driver qualification file. Form 2-11, “Driver File Checklist”, can easily be expanded to include additional items that your company requires. This will ensure that each and every driver file will be uniform and complete.
Driver files should be kept at the carrier’s principal place of business. If all records are not kept at the principal place of business, the carrier must be able to produce the records within 48 hours, or two business days, if requested by the Federal Motor Carrier Safety Administration (FMCSA). This requirement includes files for former employees of the motor carrier, in the preceding three years, as well as active employees.
You should consult the following websites for the regulations concerning the following; “§391.51 General requirements for driver qualification files” and “§391.53 Driver investigation history file”.
