The checklist, document by document
Section 391.51(b) lists what the file holds, in eight numbered items. Each line below names the document, the paragraph that requires it and whether it can come out of the file three years after it was made (391.51(d)).
| Item | Document | When | Can be removed after 3 years |
|---|---|---|---|
| 391.51(b)(1) | Employment application (391.21) | Before the driver drives | No |
| 391.51(b)(2) | Motor vehicle record from each state the driver held a license or permit in during the preceding three years (391.23(a)(1)) | Within 30 days after employment begins | No |
| 391.51(b)(3) | Road test certificate, the license or certificate accepted in its place (391.31, 391.33), or the written statement and driver certification where 391.44(d) excuses the road test | Before the driver drives | No |
| 391.51(b)(4) | Motor vehicle record from each annual inquiry (391.25(a)) | At least once every 12 months | Yes, 391.51(d)(1) |
| 391.51(b)(5) | Note of the annual review, with the reviewer's name and the date (391.25(c)(2)) | At least once every 12 months | Yes, 391.51(d)(2) |
| 391.51(b)(6) | Medical examiner's certificate (391.43(g)), or a legible copy; for a CDL holder, the CDLIS motor vehicle record that shows the medical certification, plus a copy of any medical variance | Current whenever the driver drives | Yes, 391.51(d)(3) |
| 391.51(b)(7) | Skill Performance Evaluation Certificate (391.49), or the Medical Exemption document from a federal medical program (Part 381) | While the driver drives under it | Yes, 391.51(d)(4) |
| 391.51(b)(8) | For a driver who does not need a CDL, the note verifying the medical examiner is on the National Registry (391.23(m)(1)). For a CDL holder this note was required only through June 22, 2025 | With each medical certificate | Yes, 391.51(d)(5) |
The investigation of the driver's safety performance with previous DOT-regulated employers (391.23(a)(2)) is not on this list. Its results, or the record of a good-faith effort, go in the driver investigation history file kept under 391.53.
The annual list of violations a driver once furnished under 391.27 was removed effective May 9, 2022. The annual review under 391.25 carries that duty now.
The items that recur
The application, the road test and the pre-employment inquiries are made once per hire. Three things come back on a clock: the medical certification, a certificate good for up to 24 months under 391.45 (for a CDL holder, the CDLIS record that shows it); the National Registry note that goes with each new certificate of a driver who does not need a CDL; and the annual motor vehicle record and review note under 391.25.
A file that was complete on the day of hire needs these three kept current for as long as the driver drives.
How long to keep the file
Section 391.51(c) requires the file for the length of employment and three years after. Under 391.51(d), each annual motor vehicle record and review note, each medical certificate or CDLIS record, any medical variance and the National Registry note may be removed three years after the date it was made.
Worked example: one new hire, start to first annual review
Illustration, not a customer
A carrier hires a CDL driver who starts on March 2. The driver held licenses in two states in the preceding three years and worked for one DOT-regulated carrier before.
- Before the first trip: the signed application (391.21) and the road test certificate, or a copy of the CDL accepted in its place under 391.33.
- By April 1, 30 days after the start: a motor vehicle record from both states and the safety performance history from the previous carrier (391.23).
- On file before the first trip: the CDLIS motor vehicle record that shows the driver's medical certification (391.51(b)(6)(ii)). It shows the expiry; the next certification is due before it. A driver who does not need a CDL would instead have the medical examiner's certificate and the National Registry note (391.23(m)).
- Within 12 months: the annual motor vehicle record (391.25(a)) and a signed note of the review, naming the reviewer and the date (391.25(c)(2)).
The first three steps are made once for this hire. The medical certificate, its registry note and the annual review come back on their own clocks for as long as the driver drives.
Where FileFlo does the work
Most compliance tools track a date someone typed in and send a notice. FileFlo does the work behind the date: it reads each document, finds the date, checks it against the rule, files it where the rule wants it and works out what is due next, for every driver and every recurring item. For the driver file, records arrive by upload, a bulk ZIP or each driver's own phone link, and each one lands on the right driver's file against the rule it satisfies. The Today list shows what each driver owes next, every hour. Nothing goes out to your drivers until you switch each routine on and choose who hears, how and when.
Sources
Checked
- 49 CFR 391.51, general requirements for driver qualification files, eCFR
- 49 CFR 391.21, application for employment, eCFR
- 49 CFR 391.23, investigation and inquiries, eCFR
- 49 CFR 391.25, annual inquiry and review of driving record, eCFR
- 49 CFR 391.31 and 391.33, road test and its equivalent, eCFR
- 49 CFR 391.43 and 391.45, medical examination and certificate, eCFR
- 49 CFR 391.27, removed effective May 9, 2022, eCFR
Questions
What documents go in a driver qualification file?
Under 49 CFR 391.51(b), the file holds the employment application (391.21), the motor vehicle record from each state obtained at hire (391.23), the road test certificate or the license or certificate accepted in its place (391.31, 391.33), the motor vehicle record from each annual inquiry and the note recording the annual review (391.25), the medical examiner's certificate (391.43), or for a CDL holder the CDLIS motor vehicle record that shows the medical certification, any medical variance or Skill Performance Evaluation certificate that applies (391.49), and, for a driver who does not need a CDL, the note verifying that the medical examiner was listed on the National Registry (391.23(m)).
How long does a driver qualification file have to be kept?
Section 391.51(c) requires the file for as long as the driver is employed and for three years after. Some recurring items, such as each annual motor vehicle record and review note and each medical certificate, may be removed three years after they were made (391.51(d)).
Is the annual certificate of violations still part of the file?
No. FMCSA removed the driver's annual list of violations under 391.27 effective May 9, 2022. The annual review of each driver's record under 391.25 stays, with the motor vehicle record and the note of the review.
When is the pre-employment inquiry due?
Section 391.23 requires the inquiry into the driver's driving record and the investigation of the driver's safety performance with previous DOT-regulated employers within 30 days after the date employment begins.
Does a one-truck owner-operator need a driver qualification file?
Yes. Part 391 applies to the motor carrier and the driver whatever the fleet size, so an owner-operator running under their own authority keeps a file for themselves.