What goes in a driver qualification file
A driver qualification file is the set of records §391.51 requires a motor carrier to keep for every driver it uses, including the owner if they drive. The list is short and specific: the employment application, the driving record from each state that licensed the driver, the road test certificate or its equivalent, the annual driving record inquiry and the note of its review, the medical examiner's certificate or the driving record showing medical status, any skill performance evaluation or medical exemption, and a note verifying the medical examiner was on the National Registry. Below is each item, the paragraph that requires it, and when you are allowed to remove it.
The file is per driver, and the owner counts
§391.51(a) requires the file for each driver the carrier employs, and §390.5 defines a driver as anyone who operates a commercial motor vehicle. An owner-operator with their own authority is both the carrier and the driver and keeps a file on themselves. A driver leased with their equipment to a carrier is that carrier's driver for as long as the lease runs, and the carrier keeps the file. A driver who works for two carriers has a file at each, unless the carriers have made the arrangement §391.63 and §391.65 allow for intermittent and multiple-employer drivers.
What §391.51(b) requires
The eight items, in the order the paragraph lists them. The removal column is from §391.51(d), which permits five of the eight to be removed three years after their own date. It is a permission. Nothing has to be removed early, and a file kept longer than required is never a violation.
| Document | Paragraph | When it goes in | When it may come out |
|---|---|---|---|
| Employment application | (b)(1), §391.21 | Before the driver drives | Employment plus three years |
| Driving record from each licensing state | (b)(2), §391.23(a)(1) | Within 30 days of hire | Employment plus three years |
| Road test certificate, or the licence or certificate accepted instead | (b)(3), §391.31 and §391.33 | Before the driver drives | Employment plus three years |
| Annual driving record inquiry | (b)(4), §391.25(a) | At least once every 12 months | Three years after its date |
| Note of the annual review of the driving record | (b)(5), §391.25(c)(2) | At least once every 12 months | Three years after its date |
| Medical examiner's certificate, or for CDL holders the driving record showing medical status | (b)(6), §391.43(g) | Before the driver drives, then at each renewal | Three years after its date |
| Skill performance evaluation certificate or medical exemption, where one applies | (b)(7), §391.49 | When issued | Three years after its date |
| Note verifying the medical examiner was on the National Registry | (b)(8), §391.23(m) | With each new certificate for non-CDL drivers; for CDL drivers, not after 22 June 2025 | Three years after its date |
Two records come from §391.23 but are not in the (b) list: the inquiries you sent to the driver's previous employers for the last three years, and their responses. §391.23(d) asks for those in the driver's qualification file or in a separate confidential file, and the drug and alcohol part of the response must not be in a file that other people can see. Keeping the inquiry with no response on record is the most common gap in this area, because the inquiry is the carrier's action and the response is somebody else's.
The medical certificate after June 2025
Since 23 June 2025, certified medical examiners no longer issue a paper certificate to CDL and CLP holders. The examiner reports the result to FMCSA, FMCSA sends it to the state licensing agency, and the state posts the medical status to the driver's driving record. For those drivers the DQ file record under §391.51(b)(6) is the driving record showing that status, obtained from the state, not a card. Non-CDL drivers still receive and carry the paper certificate, and the carrier files a copy of it.
An exemption in force from 11 April 2026 to 11 October 2026 lets a carrier rely on a copy of the certificate for 60 days from the examination date while the state record catches up, rather than the 15 days the rule otherwise allows. As of that notice, five states had not implemented the electronic transfer: Alaska, California, Kentucky, Louisiana and New Hampshire. In those states the paper certificate remains the operative record. FMCSA said it did not expect to grant a further nationwide extension. This page will be reviewed again after 11 October 2026.
What is not required, and why carriers keep it anyway
- Drug and alcohol testing records. These go in a separate location with controlled access under §382.401, and §382.405 limits who may see them. They do not belong in the DQ file, because the DQ file is what you hand to a reviewer.
- Clearinghouse query records. Required and retained under §382.701, but not a §391.51 item. Many carriers file the query confirmation with the DQ file for convenience. That is fine as long as the result itself, if it contains violation information, stays with the Part 382 records.
- A copy of the CDL. Not listed. The driving record in (b)(2) shows the licence, its class, endorsements and status. Most carriers keep a copy anyway, and nothing prevents it.
- Training certificates and entry-level driver training records. Entry-level training is recorded in the Training Provider Registry, not the DQ file. Keep copies if you like; they satisfy no (b) item.
How long each item stays in the file
The whole file is kept for as long as the driver is employed and for three years after, under §391.51(c). Separately, §391.51(d) permits five items to be removed three years after their own date of execution: the annual driving record inquiry, the note of the annual review, the medical certificate or medical status record, the skill performance evaluation or exemption, and the National Registry verification note. The application and the road test stay for the whole period. The full schedule for every record type is in the retention guide.
The mistakes that show up in compliance reviews
- An inquiry with no response. The carrier sent the request to the previous employer and filed the copy. Nothing came back, and nothing records the attempt to follow up. §391.23(c) asks for the response or a record of the good-faith effort to get one.
- An annual review skipped in a clean year. §391.25(b) requires the review of the driving record every 12 months whether or not there is anything on it, and (c)(2) requires a note of that review, signed and dated, in the file.
- Medical status assumed from a card. For a CDL driver, the record is the driving record. A card in the file with no matching entry on the driving record is a driver whose status the carrier has not checked.
- No file on the owner. An owner who drives and has files on every hired driver but none on themselves is the most frequently cited finding for carriers under five trucks.
- A file that exists but cannot be produced. §390.32 says a record that cannot be accurately reproduced within the required time for a party entitled to see it does not satisfy the rule. A folder in a truck that is in Ohio does not satisfy it on the day the investigator is in the office.
Do you need software for this?
With two trucks and one hired driver, a folder per driver and a calendar reminder for the medical certificate and the annual review is compliant and sensible. The failure is almost never the file. It is the date inside the file that nobody noticed. If you can keep those dates in your head or on a wall, you do not need anything else. The point at which that stops being true is covered in the guide on spreadsheets and software.
Sources
The sections this page cites, on eCFR. Read the paragraph, not the summary.
- 49 CFR 391.51 General requirements for driver qualification files
- 49 CFR 391.21 Application for employment
- 49 CFR 391.23 Investigation and inquiries
- 49 CFR 391.25 Annual inquiry and review of driving record
- 49 CFR 391.43 Medical examination; certificate of physical examination
- 49 CFR 382.405 Access to facilities and records (drug and alcohol)
- 49 CFR 390.32 Electronic documents and signatures
Questions people ask
Is a driver qualification file required for owner-operators?
Yes. The file is required for every driver a motor carrier uses, and a sole owner who drives is both the carrier and the driver. Section 391.51(a) makes no exception for a one-person operation.
How long do you keep a driver qualification file after a driver leaves?
Three years after employment ends, under section 391.51(c). Five items in the file may be removed three years after their own date of execution under section 391.51(d), but nothing has to be removed early.
Does the DQ file need a copy of the CDL?
Section 391.51(b) does not list a copy of the licence itself. It lists the motor vehicle record from the licensing state, which shows the licence and its status. Most carriers keep a copy of the CDL anyway, and there is no harm in that.
Do drug test results go in the driver qualification file?
No. Drug and alcohol testing records are kept in a separate, secure location with controlled access under section 382.401, and section 382.405 restricts who may see them. Putting them in the DQ file would expose them to anyone who reviews that file.
Can the driver qualification file be electronic?
Yes. Section 390.32 allows any required record to be kept electronically if it can be retained, used for its purpose and accurately reproduced for anyone entitled to see it. Paper is equally acceptable. Neither is required.