Driver Qualification Files are the records FMCSA's driver qualification rules in 49 CFR Part 391 require a motor carrier to build and maintain for every commercial motor vehicle (CMV) driver it uses. Part 391 sets the minimum standards a person must meet to drive a CMV in interstate commerce, and the qualification file is how the carrier proves it checked each one. The rules protect the public and other drivers by keeping unqualified, medically unfit or disqualified drivers off the road.
Driver qualification is one of the first areas FMCSA examines in a compliance investigation or new entrant safety audit. Any carrier operating CMVs in interstate commerce, including private fleets that haul their own goods, must comply, and the requirement reaches many drivers who never need a commercial driver's license.
What Is 49 CFR Part 391?
49 CFR Part 391, Qualifications of Drivers and Longer Combination Vehicle Driver Instructors, is part of the Federal Motor Carrier Safety Regulations (FMCSRs). It places duties on both the driver and the motor carrier, which may not let anyone drive a CMV unless that person is qualified.
The part is organized into subparts:
- Subpart B: general qualifications and disqualifications (391.11 and 391.15)
- Subpart C: the employment application, background investigations and the annual review (391.21 to 391.25)
- Subpart D: the road test or its equivalent (391.31 and 391.33)
- Subpart E: physical qualifications and medical examinations (391.41 to 391.49)
- Subpart F: driver qualification files and the driver investigation history file (391.51 and 391.53)
- Subpart G: limited exemptions, such as intracity zone drivers and multiple-employer drivers (391.61 to 391.69)
A detailed list of the documents that go in each file is covered in our glossary entry on the driver qualification file. This page focuses on the rule as a whole.
Who Must Comply?
Part 391 applies to drivers of commercial motor vehicles as defined in 49 CFR 390.5T, and to the carriers that employ them. In interstate commerce, a vehicle is a CMV if it:
- Has a gross vehicle weight rating, gross combination weight rating or actual weight of 10,001 pounds or more, whichever is greater
- Is designed or used to transport more than 8 passengers, including the driver, for compensation
- Is designed or used to transport more than 15 passengers, including the driver, not for compensation
- Transports hazardous materials in a quantity that requires placards
Because the weight threshold is 10,001 pounds, many drivers of box trucks, service bodies and pickups towing trailers are covered even though they do not need a CDL.
Exceptions
Section 391.2 excludes custom harvesting operations, beekeepers moving bees seasonally, certain farm vehicle drivers (except those driving articulated combinations), drivers of covered farm vehicles and drivers of pipeline welding trucks from most of the part. Subpart G gives limited relief to groups such as intracity zone drivers and multiple-employer drivers. Intrastate carriers are regulated by their state, and many states adopt Part 391 with changes, most often a lower minimum age.
Key Requirements
General qualifications (391.11)
A person may drive a CMV only if the person:
- Is at least 21 years old
- Can read and speak English well enough to converse with the public, understand highway signs, respond to official inquiries and make entries on reports and records
- Can safely operate the type of vehicle driven, based on experience or training
- Is physically qualified under Subpart E
- Holds a valid CMV operator's license from only one state or jurisdiction
- Is not disqualified under 391.15
- Has passed a road test or provided an accepted equivalent
In May 2025 FMCSA issued guidance on assessing English language proficiency during qualification. It recommends an English interview without interpreters or apps, plus explaining road signs.
Disqualification (391.15)
A driver is disqualified while CMV driving privileges are revoked, suspended, withdrawn or denied, and must tell the carrier by the end of the next business day after receiving notice. Convictions for offenses such as operating a CMV at 0.04 alcohol concentration or higher, driving under the influence of a controlled substance, leaving the scene of an accident or a felony involving a CMV disqualify a driver for 1 year on a first offense and 3 years for a second offense within 3 years. Out-of-service order and repeat phone violations carry separate periods.
Application and background checks (391.21 and 391.23)
Each driver must complete and sign an employment application listing addresses, licenses, accidents and violations for the previous 3 years, plus employers for the previous 3 years. CDL applicants must also list employers they drove a CMV for in the 7 years before that.
Within 30 days of the date employment begins, the carrier must obtain a motor vehicle record (MVR) from each licensing authority where the driver held a license or permit in the previous 3 years, and must investigate the driver's safety performance history with DOT-regulated employers from the previous 3 years. Previous employers must respond within 30 days of receiving a request. For drivers subject to drug and alcohol testing, the drug and alcohol history check runs through the FMCSA Drug and Alcohol Clearinghouse.
Road test (391.31 and 391.33)
Before driving, a driver must pass a road test given by a competent person covering tasks such as the pre-trip inspection, operating in traffic, turning, braking and backing. The carrier may accept a valid CDL or a road test certificate issued within the preceding 3 years instead, and may still require its own test.
Medical qualification (Subpart E)
Every covered driver must be examined by a medical examiner listed on FMCSA's National Registry and found physically qualified. Our page on DOT medical certification covers the physical standards, certificate periods and the move to electronic certification for CDL holders.
Annual review (391.25)
At least once every 12 months, the carrier must obtain an MVR from each licensing authority where the driver holds or held a CMV license or permit, review it to decide whether the driver meets minimum requirements for safe driving or is disqualified, and keep a note of the review with the reviewer's name and date.
Recordkeeping and Retention
Section 391.51 requires a qualification file for each driver. It may be combined with the personnel file and must hold the application, the pre-employment MVRs, road test documentation, annual MVRs and review notes, medical certification records, any medical variance and, for drivers who do not need a CDL, a note verifying the medical examiner was on the National Registry.
- Whole file: kept for the duration of employment and 3 years after the driver leaves.
- Removable after 3 years: annual MVRs, annual review notes, medical certificates or CDLIS MVRs used as medical proof, medical variance documents and National Registry verification notes may be removed 3 years after the date they were executed.
- Driver investigation history file (391.53): the safety performance history responses go in a separate file with confidentiality and access rules of its own, and carriers must keep a record of their requests and the responses received.
Drug and alcohol records under Part 382 must be kept secure with controlled access, so most carriers store them separately.
Common Violations and Penalties
Driver qualification is a core part of every FMCSA compliance investigation. Typical problems include:
- Using a driver who is not medically certified or whose certificate has expired
- Failing to keep a qualification file at all, often for non-CDL drivers of 10,001-pound vehicles
- Missing the 30-day deadline for pre-employment MVRs or safety performance history requests
- Obtaining an annual MVR but not documenting the review
- Using a driver who is disqualified or whose license is suspended
FMCSA can assess civil penalties per violation, and the penalty rules treat recordkeeping failures differently from substantive violations such as using an unqualified driver. Maximum amounts are adjusted for inflation each year. See FMCSA's civil penalties page for how cases are handled. Qualification violations can also affect a carrier's safety rating.
How to Comply: Step by Step
- Identify covered drivers. List everyone who drives a vehicle meeting the CMV definition, including non-CDL drivers.
- Collect a complete application. Check the 3-year (and, for CDL drivers, 10-year) history for gaps and confirm the driver signed it.
- Run pre-employment checks within 30 days. Order MVRs from every licensing authority in the past 3 years, request safety performance history, and complete the required Clearinghouse query and drug test before safety-sensitive work.
- Assess English proficiency and driving skill. Conduct or document the road test and record how you assessed English proficiency.
- Verify medical certification. Confirm current medical status before the first trip and note the examiner's National Registry listing.
- Calendar recurring items. Track medical expiration, license expiration and the 12-month MVR review for each driver.
- Audit and purge on schedule. Review a sample of files at least annually and remove only documents that are eligible under 391.51(d).
How SMS360 Helps
The SMS360 Driver Qualification Files module keeps each driver's qualification documents in one place. Fleet managers can store applications, MVRs, road test certificates and medical records, track expiration dates and receive reminders before a medical certificate, license or annual review lapses. Dashboards highlight incomplete files, and mobile access helps collect documents from drivers in the field.
Keeping qualification records alongside other fleet safety records, such as driver vehicle inspection reports, supports internal audits and makes it easier to respond when an investigator asks for files.
Frequently Asked Questions
Do drivers without a CDL need a driver qualification file?
Yes, if they drive a commercial motor vehicle in interstate commerce. The FMCSA definition starts at 10,001 pounds, well below the 26,001-pound CDL threshold. Those drivers need an application, MVRs, a road test or equivalent, a medical certificate and an annual review, just like CDL drivers.
What is the minimum age to drive a CMV in interstate commerce?
Section 391.11 sets the minimum age at 21 for interstate commerce. Many states allow younger drivers in intrastate commerce only, so check state rules before assigning drivers under 21.
How long must a carrier keep a driver qualification file?
The file must be kept for as long as the driver is employed and for 3 years after employment ends. Some documents, including annual MVRs, annual review notes, medical certificates and National Registry verification notes, may be removed 3 years after the date they were executed.
