Driver Qualification File Checklist for Small Fleets (49 CFR 391)

Short answer: Under 49 CFR 391.51, every driver qualification file needs the employment application, the pre-hire motor vehicle record, the road test certificate or accepted equivalent, each annual MVR, a signed note of each annual review, and the medical certificate (or CDLIS record for CDL holders). Keep the file while the driver works for you and three years after.

These rules apply to motor carriers whose drivers operate commercial motor vehicles in interstate commerce. If you're not sure whether your trucks count, start with whether a company needs a USDOT number. We checked every section below on eCFR, current as of October 5, 2026, on October 7, 2026.

What goes in a driver qualification file?

Eight items, all set out in 391.51(b). Some apply only to certain drivers.

391.51(a) lets you combine the DQ file with the driver's personnel file. The safety performance history from previous employers goes in a separate driver investigation history file, kept secure with limited access (391.53).

What must the employment application include?

More than most generic job applications. 391.21(b) requires the applicant to complete and sign a form you supply that includes:

1. Your company's name and address.
2. The applicant's name, address, date of birth and Social Security number.
3. Addresses for the last 3 years.
4. Each unexpired CMV license or permit: issuing state, number and expiration date.
5. Driving experience and types of equipment driven.
6. Accidents in the last 3 years, with date, nature, injuries and fatalities.
7. Traffic convictions and forfeitures in the last 3 years (parking excluded).
8. Any license denial, suspension or revocation, or a statement that there's been none.
9. Employers in the last 3 years, with dates, reason for leaving, and whether the job was subject to the FMCSRs and to DOT drug and alcohol testing.
10. For CDL drivers, CMV driving employers for the 7 years before those 3.
11. The certification statement in 391.21(b)(12), dated and signed.

Before the applicant hands it in, you must tell them that previous employers will be contacted, and give them written notice of their rights to review, correct and rebut what those employers send (391.21(d), 391.23(i)).

What do you do in the first 30 days after hiring?

Two investigations, both due within 30 days of the start date:

• MVR inquiry to every state where the driver held a license or permit in the past 3 years. If a state doesn't respond, document your good-faith effort (391.23(b)).
• Safety performance history from every DOT-regulated employer in the past 3 years: accidents, and for drug-and-alcohol-tested jobs, testing violations and return-to-duty status (391.23(d) and (e)). Record each employer contacted, the date and what they said, or your attempts if they didn't respond (391.23(c)(2)). Previous employers must respond within 30 days of the request (391.23(g)(1)).

Since January 6, 2023, carriers subject to the Clearinghouse use it for the FMCSA-regulated part of the drug and alcohol history (391.23(e)(4)).

What does the annual review involve?

An MVR pull and a documented review, both at least every 12 months (391.25).

1. Request the MVR from each state where the driver held a CMV license or permit during the period, covering at least the preceding 12 months (391.25(a)).
2. Review it to decide whether the driver meets minimum safe-driving requirements or is disqualified under 391.15 (391.25(b)).
3. Weigh the right things. Consider violations of the FMCSRs and hazardous materials rules, the accident record, and other traffic violations. Give "great weight" to speeding, reckless driving and driving under the influence (391.25(b)(1) and (2)).
4. File the MVR and a note with the reviewer's name and the review date (391.25(c)).

391.27, which used to require the driver to give you an annual list of violations, is now reserved. The annual MVR and the review note are what an auditor will look for.

Set the review date per driver, from their hire date, rather than doing everyone in January. A 12-month deadline is easy to miss when a date slips by a few weeks each year.

How does the medical certificate work now?

The certificate rules depend on whether the driver holds a CDL.

• Maximum interval. A driver must be re-examined if not certified in the preceding 24 months. Some drivers need 12 months, including insulin-treated diabetics certified under 391.46 and drivers certified under the vision standard in 391.44 (391.45(b), (e), (f)).
• CDL and CLP holders. You meet the requirement with a CDLIS MVR from the current licensing state showing medical certification status (391.51(b)(6)(ii)). Since June 23, 2025, the examiner completes the paper certificate only for drivers who won't operate a CMV requiring a CDL or CLP (391.43(g)(2)(ii)).
• Non-CDL drivers of interstate CMVs. Keep the medical examiner's certificate or a legible copy, plus a note that you verified the examiner was on the National Registry of Certified Medical Examiners on the date the certificate was issued (391.23(m)(1)).
• Not qualified. From June 23, 2025, if an examiner finds a driver not physically qualified, all previously issued certificates are no longer valid (391.43(g)(3)).
• Conflicts. If FMCSA's electronic medical information and a paper certificate disagree, the electronic information controls (391.23(m)(4)).

Where do Clearinghouse queries fit?

Only drivers who need a CDL are covered. Part 382, including the Clearinghouse, applies to drivers subject to the CDL rules in part 383 (382.103(a)). For those drivers:

If the full query isn't done within 24 hours, the driver can't continue safety-sensitive work until it is done and shows no prohibition (382.701(b)(3)). Keep each driver's written or electronic consent for limited queries for 3 years from the last query (382.703(a)). Keep query records and results for 3 years, which a valid Clearinghouse registration satisfies since January 6, 2023 (382.701(e)). A driver who refuses consent can't perform safety-sensitive functions (382.703(c)).

391.51 doesn't list Clearinghouse records as DQ file items. Many carriers keep a printout or note in a separate drug and alcohol file so everything is in one place for an audit.

How long do you keep each record?

Everything else in the file (application, pre-hire MVR, road test) stays for the full employment-plus-3-years period.

A checklist you can print

1. Signed application with all 391.21(b) items, plus the notice of investigation rights.
2. Clearinghouse pre-employment full query done before the first safety-sensitive task (CDL drivers).
3. Road test form and certificate signed by the examiner, or a copy of the CDL or certificate you accepted instead.
4. Medical certificate and National Registry note (non-CDL), or CDLIS MVR (CDL).
5. Pre-hire MVRs in the file within 30 days.
6. Previous-employer responses, or documented good-faith attempts, in the investigation history file within 30 days.
7. Diary dates per driver: annual MVR and review, annual Clearinghouse query, medical expiry.
8. On termination, mark the date the 3-year retention clock starts.

Answering "is this file complete?" without digging

If you store your DQ procedure and checklist in Verika, an office manager can ask "what do I need before Jake drives on Monday?" and get the answer from 49 CFR 391 and your own hiring procedure, with both sources shown. Transport firms get the federal trucking rules built in, so the 391 references come with section numbers. If your procedure doesn't cover something, Verika says so and logs it for whoever owns compliance. See how it works for transport and logistics teams, or try it free.

Sources

1. 49 CFR 391.51, General requirements for driver qualification files — eCFR, current as of October 5, 2026
2. 49 CFR 391.21, Application for employment — eCFR
3. 49 CFR 391.23, Investigation and inquiries — eCFR
4. 49 CFR 391.25, Annual inquiry and review of driving record — eCFR
5. 49 CFR 391.31 and 391.33, Road test and equivalent of road test — eCFR
6. 49 CFR 391.43 and 391.45, Medical examination; persons who must be medically examined — eCFR
7. 49 CFR 391.53, Driver investigation history file — eCFR
8. 49 CFR 382.103, Applicability — eCFR
9. 49 CFR 382.701 and 382.703, Drug and Alcohol Clearinghouse; driver consent — eCFR