§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 §391.21; |
(2) A copy of the motor vehicle record received from each State record pursuant to §391.23(a)(1); |
(3) The certificate of driver's road test issued to the driver pursuant to §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 §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 §391.25(c)(2); |
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(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 §391.25(c)(2); |
(3) The list or certificate relating to violations of motor vehicle laws and ordinances required by §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); |
(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; and |
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(Approved by the Office of Management and Budget under control number 2126-004)
[63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019]
§391.51 — DOT Regulatory Guidance
Question 1: When a motor carrier purchases another motor carrier, must the drivers of the acquired motor carrier be requalified by the purchasing motor carrier? Guidance: No.
Question 2: Is a driver training school required to keep a driver qualification file on each student? Guidance: Yes, if operating in interstate commerce.
Question 3: Before December 23, 1994, motor carriers were required to maintain documentary evidence that their drivers had completed the written examination specified by 49 CFR 391.35 (Reserved) (1994). The rule removing §391.35 (Reserved) became effective on that date (59 FR 60319, November 23, 1994). Are motor carriers required to maintain such documentary evidence for drivers employed prior to December 23, 1994? Guidance: No.
Question 4: If a motor carrier maintains complete driver qualification files but cannot produce them at the time of the review or within two business days, is it in violation of §391.51? Guidance: Yes. Driver qualification files must be produced on demand. Producing driver qualification files after the completion of the review does not cure a record-keeping violation of §391.51.
Question 5: Must a driver/employee who was employed prior to the deletion of the section of the FMCSRs requiring certain documentary proof of written examination, and who does not have such proof in his driver qualification file, complete the exam? Guidance: No. The requirement of former 49 CFR 391.35(h) that a driver qualification file contains certain documents substantiating the driver examination may not be the basis of a citation after November 23, 1994, the date on which all requirements pertinent to a driver's written test were rescinded (59 FR 60319).