The Driver Qualification File, Item by Item
One of the six things examined in a safety audit, one of the easiest to get right, and one of the most common things a small carrier simply does not have.
If you are an owner-operator reading this thinking it does not apply to you: it does. You are the carrier and you are also a driver of that carrier. You need a complete driver qualification file on yourself, and its absence is one of the most common findings in a new entrant safety audit.
What must be in the file
The contents are set by 49 CFR § 391.51. One file per driver:
| Document | Regulation |
|---|---|
| The driver's employment application | § 391.21 |
| The initial motor vehicle record from the licensing authority | § 391.23(a)(1) |
| Road test certificate, or an accepted equivalent licence or certificate, or a written statement that the driver is exempt | § 391.31(e) |
| Motor vehicle records from the annual enquiry | § 391.25(a) |
| The note of the annual review of the driving record | § 391.25(c)(2) |
| Current medical examiner's certificate, or the CDLIS record showing medical certification status | § 391.51 |
| Any medical variance issued by FMCSA | § 391.51 |
| The note verifying the medical examiner is on the National Registry | § 391.51 |
How long you keep it
The file is retained for as long as the driver is employed by the carrier, and for three years afterwards.
Some items may be removed once they are three years old, counting from the date they were executed: the annual motor vehicle records, the annual review notes, medical certificates, medical variances and the medical examiner verification notes. The core documents stay.
The annual obligation people forget
Two things happen every twelve months and both leave a document in the file:
- You request the driving record from every state where the driver held a licence during the year.
- You review it and write a note saying you did, recording whether the driver remains qualified.
The second one is the one that goes missing. Carriers pull the record, glance at it, and file it without the note. In an audit, a record with no review note means the review is not evidenced — and for a one-truck carrier, writing a note reviewing your own driving record feels absurd right up until it is the finding on the report.
A practical way to keep it
- One folder per driver, physical or digital, with the eight items above as a checklist on the front.
- A calendar reminder for each driver's annual review date and each medical certificate expiry, set a month early.
- Scan everything. A file that only exists in a truck is a file that will eventually be lost or ruined.
- Date every document including the notes you write yourself. Undated notes are close to worthless in an audit.
Frequently asked questions
Does an owner-operator need a driver qualification file?
Yes. If you drive for your own authority, you are a driver of that carrier and the file is required on you.
How long must the file be kept?
For the duration of employment plus three years. Certain annual and medical documents may be removed once three years old.
What is the annual review note?
A dated record showing that you obtained the driver's motor vehicle record, reviewed it, and considered whether the driver remains qualified. It is a separate document from the record itself.
Related
Sources
- 49 CFR § 391.51 — General requirements for driver qualification files — eCFR.
- 49 CFR Part 385 Subpart D — New Entrant Safety Assurance Program — eCFR.
General information, not legal advice. Regulations change; confirm current requirements with the agency before acting.