A driver qualification file is the carrier's record that a commercial driver is allowed to drive for it. Roadside inspectors rarely see it, but an FMCSA audit starts there, and an incomplete file is one of the easiest findings to avoid. The rule is 49 CFR 391.51. This guide goes through what the file must contain, the annual checks that keep it current, how long records must be kept, and the Drug and Alcohol Clearinghouse query that sits beside it.
Who Keeps One
Under 391.51(a), each motor carrier must maintain a driver qualification file for each driver it employs. The file may be combined with the driver's personnel file. The rule is addressed to carriers, so a company that hires drivers keeps the files, and a driver does not. A person who owns the truck and drives it under their own authority should check how part 391 applies to their own operation, which this guide does not decide.
What Goes in the File
| Item | Rule |
|---|---|
| The driver's application for employment | 391.21, via 391.51(b)(1) |
| Motor vehicle record from the licensing authority, obtained at hiring | 391.23(a)(1), via 391.51(b)(2) |
| Road test certificate, an accepted equivalent license or certificate, or a written statement that no road test is required | 391.31(e), 391.33 and 391.44(d), via 391.51(b)(3) |
| Motor vehicle record from the annual inquiry | 391.25(a), via 391.51(b)(4) |
| A note on the annual review of the driving record | 391.25(c)(2), via 391.51(b)(5) |
| Medical examiner's certificate, or a copy; for CDL holders, the CDLIS motor vehicle record where it carries medical certification status | 391.51(b)(6) |
| Medical variance documentation, a skill performance evaluation certificate or a medical exemption, where one applies | 391.51(b)(7) |
| For drivers not required to hold a CDL, a note verifying the medical examiner's listing on the National Registry | 391.51(b)(8) |
The medical item has changed recently. 49 CFR 391.51(b)(6) describes a period through the designated transition date when a carrier could use a copy of the driver's medical certificate submitted to the State for up to 15 days as proof. For CDL holders, the carrier otherwise meets the requirement with the CDLIS motor vehicle record, where it carries medical certification status. For the matching change on the driver's side, see Commercial Vehicle Roadside Inspections: What Each Level Covers.
The Annual Check
At least once every 12 months, under 391.25, the carrier must do two things for each driver. First, it makes an inquiry to obtain the driver's motor vehicle record, covering at least the preceding 12 months, from each licensing authority where the driver held a commercial license or permit. Second, it reviews that record to decide whether the driver still meets the minimum requirements for safe driving or is disqualified under 391.15.
The review has content requirements. The carrier must consider any evidence that the driver violated the Federal Motor Carrier Safety Regulations or the Hazardous Materials Regulations. It must consider the driver's accident record and evidence of violations of motor vehicle laws, and it must give great weight to violations such as speeding, reckless driving and operating under the influence of alcohol or drugs, which indicate a disregard for the safety of the public. The carrier keeps a copy of the record, and a note with the name of the person who did the review and the date.
The Drug and Alcohol Clearinghouse
Separate from the file, 49 CFR 382.701 requires queries of FMCSA's Drug and Alcohol Clearinghouse:
- Before hire. An employer must not employ a driver subject to testing to perform a safety-sensitive function without first making a pre-employment query. It must be a full query, which releases the information to the employer and requires the driver's specific consent.
- Every year. The employer must query at least once a year for all employees subject to testing. With the driver's consent, it can use a limited query, which only says whether information exists. That consent can last more than one year.
- The 24-hour step. If a limited query shows that information exists, the employer must make a full query within 24 hours. If it does not, the driver may not continue safety-sensitive work until it does and the results show no prohibition.
- After the query. If information about a driver is entered in the Clearinghouse in the 30 days after an employer's query, FMCSA notifies the employer.
How Long to Keep Records
Under 391.51(c), the file is kept for as long as the driver is employed by the carrier and for three years afterward. Paragraph (d) lets certain items be removed three years after the date they were made: the annual motor vehicle record, the note on the annual review, the medical examiner's certificate or CDLIS record, any medical variance or exemption, and the note on National Registry verification.
A Dated Example (Made Up)
A driver is hired on 1 March. The pre-employment motor vehicle record and the application stay in the file for the whole period of employment plus three years. The first annual inquiry and review is due by 1 March 2026, and the annual motor vehicle record from that review may be removed from the file three years after its date, which is March 2029 if it was obtained on 1 March 2026. If the driver leaves on 15 January 2027, the rest of the file must be kept until 15 January 2030.
A Quick Self-Audit
- Pick a driver at random and check each row of the table above is present.
- Find the most recent annual motor vehicle record. Is it less than 12 months old, with a review note showing who reviewed it and when?
- Confirm the medical certification evidence is current.
- Check the Clearinghouse: a pre-employment query on record, and an annual query within the last year.
- Look at departed drivers' files and check the retention date has not passed.
Sources
Regulation text: eCFR, current as of 7 October 2026. Carrier-specific questions are best put to a compliance specialist or FMCSA.
