Key points
- Motor carriers must keep a driver qualification (DQ) file for every CMV driver they employ (49 CFR §391.51).
- The file is kept for as long as the driver is employed, plus 3 years.
- Missing or out-of-date DQ files are among the most common violations found in compliance reviews, and they often come up in negligent-hiring claims.
The checklist
| Document | Rule | When |
|---|---|---|
| Employment application, signed by the driver | §391.21 | Before the driver starts |
| Motor vehicle record (MVR) from every state where the driver held a license in the past 3 years | §391.23(a)(1) | Within 30 days of hire |
| Safety performance history from DOT-regulated employers in the past 3 years, including drug and alcohol history | §391.23(a)(2), (d)–(e) | Within 30 days of hire |
| Road test certificate, or a CDL or other road test record accepted instead | §391.31, §391.33 | Before the driver starts |
| Medical examiner's certificate, plus a note that the examiner is on the National Registry | §391.43, §391.51(b)(9) | Before the driver starts and on renewal |
| Annual MVR from each licensing state | §391.25 | At least every 12 months |
| Annual review of the driving record, with the reviewer's name and date | §391.25 | At least every 12 months |
| Medical variance or skill performance evaluation certificate, if any | §391.41, §391.49 | When issued |
| Longer combination vehicle (LCV) training certificate, if applicable | Part 380 | Before LCV operation |
Drug and alcohol records, including the pre-employment test and Clearinghouse queries, are kept separately under Part 382. They're part of the same hiring checks.
How long to keep each document
- The DQ file as a whole: while the driver is employed and for 3 years after.
- Annual MVRs, annual reviews, medical certificates and some other items can be removed 3 years after they were completed (§391.51(d)).
Common gaps
- Expired medical certificates, or no proof that the examiner was on the National Registry.
- Missing previous-employer inquiries, or no record of the attempts made.
- Annual reviews done late or without a signature.
- MVRs missing from states where the driver previously held a license.
Why DQ files matter after a crash
In a serious truck crash case, the driver's DQ file is usually requested early. Gaps can support claims that the carrier was negligent in hiring, training or keeping the driver on. See who can be liable and CDL disqualification offenses.