Driver Qualification file

Every motor carrier must maintain a driver qualification file for each driver it employs.

The file must include:

• Driver’s application for employment
• Inquiry to previous employers — driving record for last 3 years;
• Annual inquiry and review of driving record;
• Annual driver’s certification of violations and annual review;
• Driver’s road test and certificate, or the equivalent to the road test;
• Medical examiner’s certificate; and
• If granted, a waiver of physical disqualification for a person with a loss or impairment of limbs as specified in § 391.49.

Refer to § 391.51 for a complete list of required driver qualification file documents.

 

I want to add another important thing that confuses a lot of people. Take a look at what a CMV is defined as in 390.5. Take note of what I made bold.

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

It is important to remember unless the separate part defines a CMV as being 26.001 (as found in 383.5) for purposes of that section a CMV is considered anything 10,001 or over.

I don't see anything in part 391 that requires a separate DQF for CDL holders and non-CDL holders.

 

Well if you want to get technical about it,
A non-CDL holder is not required to satisfy 391.21(b)(11) so that part can be left out of 391.51(b)(1)
391.51(6)(ii) only applies to CDL holders, so the CDLIS part can be left out.
391.51(8)(i) applies ONLY to non-CDL holders so that MUST be added.

These differences aside the FMCSA requires DQFs for operators of CMVs AS defined by 390.5.

These rules can be complicated and is why most smaller carriers contract with people like @brian991219 . I remember once about an FMCSA audit of a parcel delivery service that used small CMVs. The auditor left several warnings about not only the DQFs, but also missing time records as required by part 395. I also understand their maintenance records were a shambles. I think the auditors left and gave them 6 months to get into compliance. I don't remember any civil fines, but had they not gotten into compliance they were coming. Oh, YES I said part 395. Some of those trucks were going almost 200 miles away from the home base.

People need to understand that the DOT/FMCSA is serious about part 391.

 

@Moose1958 covered it pretty well for non-cdl DQ files. Foley is correct, although even if the requirement doesn't directly apply I always advise to go beyond minimum compliance when dealing with qualifications, so if you can collect the info then do so.

Recent trends with trial lawyers have lead to DQ files receiving extreme scrutiny after a crash, and if the carrier was not fully compliant then the value of the claim goes up. It is more than just meeting the minimum standards of the regulations.

Another example I see as a Director of Safety that oversees several fleets, more than 500 vehicles and drivers total, and why I strongly support going beyond minimum compliance is non-cdl applicants that previously held a CDL of learners permit being in prohibited status in the Clearinghouse. While a non-cdl employer is not required to query the Clearinghouse since non-cdl violations are not reported, if the applicant previously held or currently holds a CDL or CLP the motor carrier may query the Clearinghouse. About 15% of my applicants for non-cdl jobs that previously held a CDL come back prohibited. If I et them on the road I could face extreme liability post-crash.

 

Annual copy of D/L State record.

 

No drug test is required by the regulations, and if one was done, it would have to be a workplace test not a US DOT regulated test because DOT regulated tests can only be administered to folks that are expected to use their CDL as part of their job.

Since it has been 7 years since he held a CDL there will not be any records of failed tests given employers are only required to report for three years back.

As for job history, yes, contact all employers in the immediate past three years to verify history and if there were and DOT regulated drug or alcohol violations (which may sound silly for an owner operators but it is still expected to be done). Also, list all DOT regulated driving for the past ten years on the application, just like a CDL driver would. This will help make a strong DQ file should there ever be a bad crash or other reason it would be necessary to defend the qualifications of the driver.

Now, in the spirit of going beyond mere compliance I always advise to enroll all operators, including non-cdl, in a workplace drug test program that mirrors DOT regulations. This is because, although a drug test is not required for non-cdl drivers, the motor carrier still has a general duty to ensure their drivers are drug and alcohol free.