Explore the sections in this guide
The short answer
For drivers subject to Part 391, the carrier must maintain a qualification file. Section 391.51 identifies the required contents, including:
- A completed driver employment application.
- Motor vehicle records obtained for the initial licensing-history inquiry.
- A road-test certificate or an allowed equivalent or exemption record.
- The annual motor vehicle record and a note documenting its review.
- Applicable medical qualification evidence. For CDL drivers, the regulation specifies the licensing-state CDLIS motor vehicle record containing medical status.
- Applicable medical variance or Skill Performance Evaluation records.
- A National Registry verification note where required for non-CDL drivers.
How long do you keep it?
Generally, keep the file throughout employment and for three years afterward. Certain annual and medical-related records may be removed three years after their execution under §391.51(d). Do not apply that shorter period to every document.
Make the file useful
Keep a simple index showing what is present, what is missing, and what needs a follow-up date. A folder full of documents is easier to manage when someone owns the review process.
Before treating this as a complete hiring checklist, verify which rules and exceptions apply to your drivers. Other hiring, investigation, and testing requirements can apply beyond this file-content summary.
A practical example
An existing driver has a current CDL, but the file review finds no annual review note for the applicable review period. Treat the credential check and the file-content check as separate tasks.
Common mistakes
Treating the CDL as the whole qualification file; applying a short retention period to every record.
Your next steps
- Use an index based on the requirements that apply to the driver.
- Mark missing items and assign an owner and follow-up date.
- Check medical-status evidence and annual review documentation against the current source.
Four records that are often confused
| Record or decision | What it addresses | What to check |
|---|---|---|
| Employment application | The driver’s history and answers | Verify completeness and the applicable application requirements. |
| MVR | Information obtained from the licensing authority | Connect it to the required inquiry and review. |
| Annual review note | Who reviewed the record and when | A purchased MVR alone does not show the review was completed. |
| Medical-status evidence | Applicable qualification information | Use the evidence required for the driver category. |
Review the dates, not just the filenames
A file can contain an application, MVR, and medical information and still need attention. Ask which requirement each document supports, whether the record belongs to the right person, and whether it covers the relevant period. A filename such as “MVR current” is an office label; the actual record and review date determine what it demonstrates. When a record is missing, describe the missing item precisely. “Medical status not verified in the sampled file” is a different finding from declaring that the driver is medically unqualified.
Example: the annual MVR was ordered but never reviewed
The administrator places an MVR in the folder and marks the annual review complete on a tracking spreadsheet. The safety manager later finds no annual review note for that period. The missing step is the carrier’s review, not another purchase of the same MVR. Determine whether a review actually occurred, retain accurate evidence if it did, and address the process if it did not. A new review should carry its actual date. The spreadsheet should track receipt and review as separate milestones.
What to include in a file-review request
Tell PassPro how many files are involved, which driver categories are covered, whether you need a sample review or reconstruction, and the record period. A review can identify missing documents and conflicting dates; obtaining reports, collecting records, and resolving a hiring decision may be separate work. Ask for a findings list that names the item and the reason it needs attention, rather than a single “pass/fail” label for the whole folder.
Use the matching PassPro form
Driver qualification file index — instructions and fillable PDF
Initial inquiries and annual reviews have different dates
The initial licensing-history inquiry under §391.23 covers the preceding three years and must be made within 30 days after employment begins. The resulting MVRs belong in the qualification file within that period; document the required good-faith efforts if a licensing authority does not provide a record. This deadline does not permit dispatching an otherwise unqualified driver. Annual MVR inquiries and reviews are a separate recurring requirement. Safety-performance investigations also have their own deadline and confidential investigation-history file requirements.
Temporary CDL medical-record provision: expires October 11, 2026
FMCSA’s NRII exemption runs April 11 through October 11, 2026. Under its conditions, carriers may use a valid paper Medical Examiner’s Certificate as medical-status evidence for up to 60 days after issuance. The driver must carry the valid certificate from a certified examiner and the carrier must retain a copy. This does not extend an expired medical qualification or permanently replace the licensing-state CDLIS medical-status record. Do not assume an intrastate state program automatically adopted the exemption.
Before using this provision, read the conditions and check whether FMCSA has issued a successor notice. After its stated expiration, do not rely on it without a current applicable extension. FMCSA exemption and conditions. Initial inquiries: §391.23.
Separate the qualification file from the hiring decision
Start with the driver and the work assigned. Determine which Part 391 requirements apply, then compare the documents against that driver’s qualifications. An application, an initial MVR and a medical-status record establish different facts. A valid CDL does not settle every qualification question. Record which road-test provision or accepted equivalent applies rather than leaving the item marked “not applicable” without an explanation.
A missing record needs an actual disposition
Suppose an annual MVR is in the folder, but the dated annual-review note is missing. Obtain the required review and document when it actually occurred. Do not backdate a note to make the file appear complete. If a missing item affects whether the driver may operate, escalate that question before the next assignment. For an administrative gap, identify the record to obtain and who will obtain it. Keep the distinction visible in the findings.
Medical status requires a separate check
For a CDL driver, review the applicable licensing-State medical-certification record and any variance requirements. The process differs for a covered driver who does not need a CDL. Temporary federal relief can also have an expiration date. Check the linked requirements and current agency guidance before treating a paper medical card as a universal substitute. A retention date answers how long to keep a record, not whether that record establishes current qualification.
Sources & further reading
This guide summarizes common federal requirements and preparation practices. Applicability, exceptions, and state requirements can differ. Check the linked source and the rules that apply to your operation.
