Frequently Asked Questions
DRIVER QUALIFICATION FILES
QUESTION: I am not finding anything that states we must keep all previous copies of a driver's annual review. Should we?
ANSWER: The FMCSR Parts 391.25 and 392.27 apply to your question.
- 391.25 – is the annual inquiry, which is you running the drivers’ MVR.
- 391.27 – is the record of annual review, the form that you have your drivers’ complete, listing all moving violations, or certifying that they had none. A common misconception is that for a driver who's been with you for 20 years, you should have 20 of each annual review and MVR. This is not true!
- You “must” keep the original MVR and the original annual review from when you hired the individual for the total time of employment “plus” 3 years. Please see 391.51(d) (1), (2), & (3).
- Additionally, driving records must be obtained and annual reviews must be completed each subsequent year, and kept on file for 3 years. Once these subsequent MVRs and annual reviews are 3 years old, they may be purged.
- Therefore, once a driver has worked for a company for 4 years, there will always be 4 sets of MVRs and annual reviews in a driver’s qualification file and you will still be in compliance.
- For further record keeping information on DQ files, you may want to read all of 391.51.
QUESTION: How long must I maintain my drivers' old medical exam reports?
ANSWER: According to FMCSR 391.51(c) & (d) (4), you must keep the original medical certificate for as long as the driver is in your employ, plus an additional 3 years. It can be purged after 3 years.
QUESTION: I have several questions concerning driver qualification files that I hope you can answer. Our corporate offices are requiring some records that I'm not sure have to be included. I just want to understand the difference between what is our company policy and what arethe official regulations. It's my understanding that, according to FMCSA, the following is REQUIRED:
- Driver's Application for Employment
- Inquiry to previous Employers
- Driving Record From State Agencies (3 years and annually)
- Annual Review of Driving Record
- Annual Driver's Certification of Violations
- Driver's Road Test Certificate or Equivalent
- Medical Examiner's Certificate
Now the following list I believe may be good practice, but not necessarily required by the DOT to be included. This is where I'm hoping for some guidance from ATA:
- Pre-Employment Drug Test Results
- Applicant's Consent Form
- Driver's Due Process Rights
- Medical Long Form
- Copy of Driver's License (unless being used for road test certificate)
And one last question. I've read that 3 years after the medical certificate, annual review, annual certification, and annual MVR have been issued they may be removed from the DOT file. Does this include the originals from the date of hire as well?
ANSWER: What needs to be included in DQ file is listed in FMCSR Part 391.51. We've listed all items in the order you asked about them and noted whether REQUIRED or OPTIONAL:
- Driver's Application for Employment: REQUIRED
- Inquiry to previous Employers: REQUIRED
- Driving Record From State Agencies (3 years and annually): REQUIRED
- Annual Review of Driving Record: REQUIRED
- Annual Driver's Certification of Violations: REQUIRED
- Driver's Road Test Certificate or Equivalent: REQUIRED
- Medical Examiner's Certificate: REQUIRED
- Pre-Employment Drug Test Results: REQUIRED per 382.401 to be kept in DQ file in a secure location
- Applicant's Consent Form: REQUIRED per 391.53 to be kept in DQ file in a secure location
- Driver's Due Process Rights: OPTIONAL
- Medical Long Form: OPTIONAL
- Copy of Driver's License (unless being used for road test certificate): OPTIONAL
And to answer your last question: No, under 391.53(c), those originals must be kept only for as long as the driver is employed by the motor carrier and for three years thereafter.
QUESTION: When a driver has a medical waiver, does that show up on the driver's MVR? "Meets Medical Standard" is an option on the MVR, but we've had so few medical waivers we wanted to make sure.
ANSWER: The only thing that will appear on the MVR is “CDL Medical Waiver” and that is all, due to HIPPA regs. It would be up to the employer to obtain a copy of whatever are the particulars from the driver to ensure compliance.
QUESTION: If an employee has never worked as a DOT-regulated driver, should we still inquire to previous employers, or do any kind of background check?
ANSWER: 49 CFR FMCSR Part 391.23 applies to your question. Yes, you are still obligated to investigate back at least three years.
If the driver has never worked as a DOT-regulated driver, he obviously will not have participated in a DOT drug & alcohol testing program. Part 391.23 (c)(4) provides an exception for this employee by placing documentation in their file stating no investigation was possible.
You still need to obtain an MVR from each state the driver was licensed in during that time (past 3 years). Questions you should ask include the following:
- Does the driver have a CDL?
- If they do have a CDL, what have they been doing over the past 3 years?
- After receiving the answers to the above, please review 49 CFR Part 380 in its entirety, paying particular attention to the definition of “entry-level driver” as stated in 380.502.
- If you determine that your driver is an “entry-level driver”, then they should supply you with documentation that they have completed the “entry-level driver training” as stated in 380.503, 380.505, and 380.507.
- Once these requirements are met, then you need to be in compliance with 380.509, 380.511, and 380.513.
QUESTION: We had a driver who operated one of our tractors. He was diagnosed with diabetes (he is insulin-dependant and DOT would not issue a medical card). I recently learned thatone of my my customers is now using this driver to operate a box truck (over 10,000 GVW, but under 26K) in Arizona only. Am I correct that with Arizona having adopted the FMCSA rules, the driver will need a medical card?
ANSWER: Assuming the weights of the truck described are GVWR weights, the driver is not medically qualified to operate that vehicle unless he has a waiver from the Federal Government (FMCSA – 703-448-3094). The vehicle you describe is still a commercial motor vehicle engaged in intrastate commerce. The driver does need to be medically qualified if the vehicle is over 10,000# GVWR, but under 26,000# GVWR. Background: Arizona used to have a waiver program but it no longer applies.
To address questions or comments to the FAQ service, please call John Backowski at 602.850.6002 or email him at jbackowski@aztrucking.com
Thank you and have a safe day!