Driver Qualification File Checklist (DQ File Requirements)
A driver qualification (DQ) file must hold the driver's application, motor vehicle records, road test proof, medical certification and annual review, as listed in 49 CFR 391.51. You keep the file for as long as the driver works for you and for 3 years after they leave. Some items, like old annual MVRs and expired medical records, can be removed 3 years after their date.
Key takeaways
- Every driver you employ needs a DQ file, including part-time and owner-operator drivers.
- Prior-employer safety history goes in a separate, secure driver investigation history file, not the DQ file.
- Since June 23, 2025, a CDL driver's medical certification is sent electronically to the state and shows on the CDLIS driver record. Non-CDL drivers still need the paper certificate and a National Registry check.
- Keep the DQ file for the length of employment plus 3 years. Certain recurring items can be removed 3 years after their date.
- Clearinghouse query records and drug test results are kept under Part 382, not as DQ file items.
Who needs a DQ file
Under 391.51(a), you must keep a DQ file for each driver you employ. The DQ file rules in Part 391 apply to drivers of commercial motor vehicles as defined in 49 CFR 390.5. That definition includes vehicles over 10,000 pounds in interstate commerce, so a DQ file is often needed even for drivers who don't hold a CDL.
The DQ file can be combined with the driver's personnel file. Many carriers keep it separate anyway, so it is easy to hand to an auditor.
The DQ file checklist
Here is every item 391.51(b) requires, with the rule behind it and how long you must keep it.
| # | Document | Rule | When to get it | How long to keep it |
|---|---|---|---|---|
| 1 | Driver's employment application | 391.21 | Before the driver operates a CMV | Employment plus 3 years |
| 2 | Pre-hire MVR from each state where the driver held a license or permit in the past 3 years | 391.23(a)(1) | Within 30 days of hire | Employment plus 3 years |
| 3 | Road test certificate, or an accepted equivalent | 391.31, 391.33 | Before the driver operates a CMV | Employment plus 3 years |
| 4 | Annual MVR from each state where the driver held a license or permit | 391.25(a) | At least once every 12 months | 3 years from its date |
| 5 | Note of the annual review of the driving record | 391.25(c)(2) | At least once every 12 months | 3 years from its date |
| 6 | Medical examiner's certificate, or for CDL drivers the CDLIS MVR showing medical certification | 391.43, 391.51(b)(6) | Before the driver operates a CMV, and each time it is renewed | 3 years from its date |
| 7 | Medical variance, Skill Performance Evaluation certificate or medical exemption, if any | 391.49, 391.51(b)(7) | When issued | 3 years from its date |
| 8 | Note verifying the medical examiner is on the National Registry (non-CDL drivers) | 391.23(m)(1) | Each time you get a new medical certificate | 3 years from its date |
Older checklists sometimes list an annual list of violations signed by the driver. That item is not on the current 391.51(b) list.
Item by item
1. Employment application (391.21)
The driver must complete and sign the application before driving for you. Under 391.21, it must include:
- Name, address, date of birth and Social Security number
- Addresses for the past 3 years
- Each unexpired license or permit, with the issuing state, number and expiration date
- Driving experience and types of equipment
- Accidents and traffic convictions in the past 3 years
- Any license denial, suspension or revocation
- Employers for the past 3 years, with reasons for leaving and whether the job was subject to the FMCSRs and DOT drug and alcohol testing
- For CDL applicants, commercial driving employers for the 7 years before that
- A signed and dated certification that the information is true and complete
Check that every blank is filled in. An incomplete application is a common audit finding.
2. Pre-hire MVR inquiry (391.23)
Within 30 days of the driver's start date, request an MVR from every state where the driver held a license or permit in the past 3 years. Put the MVR in the DQ file. If a state does not respond, document your good-faith effort.
3. Road test or equivalent (391.31 / 391.33)
The driver must pass a road test and you keep the certificate. Under 391.33, you may accept one of these instead:
- A valid CDL, if the state gave the driver a road test in the type of vehicle you will assign. This does not cover double/triple trailer or tank vehicle endorsements.
- A copy of a valid road test certificate issued within the past 3 years.
Keep a legible copy of what you accepted. You may still require your own road test.
4 and 5. Annual MVR and annual review (391.25)
At least once every 12 months, you must:
- Get an MVR from each state where the driver held a license or permit during that time.
- Review it to decide whether the driver meets minimum safe-driving standards or is disqualified.
- Write a note with the name of the person who did the review and the date.
In the review, you must consider any violations of the safety or hazmat rules and the driver's accident and traffic record. 391.25 says to give great weight to violations like speeding, reckless driving and driving while impaired.
6. Medical certification (391.43) and National Registry II
Every driver must be medically certified before driving. How you prove it depends on whether the driver has a CDL.
Non-CDL drivers. Keep the medical examiner's certificate, or a legible copy, in the DQ file. Under 391.23(m)(1), you must also verify that the examiner was listed on the National Registry of Certified Medical Examiners and keep a note of that check.
CDL and CLP drivers. The National Registry II rule took effect on June 23, 2025. Medical examiners now send exam results to FMCSA, which passes them to the state. The state posts the driver's medical status on the CDLIS driver record. Under 391.51(b)(6)(ii), you verify a CDL driver's certification by getting the state MVR that shows it and keeping that MVR in the DQ file. The old 15-day paper copy allowance and the National Registry note for CDL drivers in the rule ran through June 22, 2025.
Check your driver's state
Not every state had its systems ready when National Registry II started. FMCSA issued temporary waivers that let some drivers and carriers keep relying on paper certificates. Before you decide what proof to file, check FMCSA's National Registry II guidance for the current status of your driver's state.
Track medical expiration dates for every driver. A driver whose medical certification has expired is not qualified to drive. Knowingly using a physically unqualified driver is one of the automatic failure items in the new entrant audit.
7. Variances and exemptions
If the driver's medical certification depends on an FMCSA medical variance, a Skill Performance Evaluation certificate or a medical exemption, a copy goes in the DQ file too.
The driver investigation history file
The safety performance history you get from a driver's past employers does not go in the DQ file. It goes in a separate driver investigation history file under 49 CFR 391.53.
What you must investigate (391.23)
Under 391.23, within 30 days of hire, you must check the driver's safety performance history with DOT-regulated employers from the past 3 years. That includes:
- Employment verification
- Accident history
- Drug and alcohol violations, refusals and any return-to-duty records
For drug and alcohol history with prior FMCSA-regulated employers, 391.23(e)(4) requires you to use the Clearinghouse. For past employers regulated by other DOT agencies, such as the FAA or FTA, you still request the records directly under 49 CFR 40.25.
Document every contact and every attempt, including employers who never responded. If the driver had no DOT-regulated jobs in the past 3 years, document that too. The driver also has the right to review and correct the information you get.
What goes in it, and how to keep it
| Investigation history file | DQ file |
|---|---|
| Driver's written authorization to request drug and alcohol history | Application |
| Responses from past employers | MVRs and annual reviews |
| Records of good-faith efforts to contact past employers | Road test or equivalent |
| Medical certification records |
The investigation history file must be kept in a secure place with limited access. Only people involved in the hiring decision, or who control access to the data, may see it. Your insurer may see it, but not the drug and alcohol information. Keep it for as long as the driver works for you plus 3 years.
Clearinghouse queries and drug testing records
Clearinghouse queries are a core part of qualifying a driver, but they are kept under the drug and alcohol rules, not 391.51.
- Pre-employment full query. Required before the driver does any safety-sensitive work under 49 CFR 382.701(a).
- Annual query. At least one per driver per year under 382.701(b).
- Records. Keep query records for 3 years. A valid Clearinghouse registration meets this rule. Keep signed limited-query consent forms for 3 years from the last query.
Many carriers also print a copy of each query result and file it with the driver's records, so it is easy to show an auditor. See our Clearinghouse queries guide for full and limited queries.
Pre-employment drug test results and other testing records belong in your drug and alcohol records, not the DQ file. Keep them confidential and apart from the general personnel file.
Retention: the 3-year rule
391.51(c) says to keep the DQ file for as long as you employ the driver and for 3 years after.
391.51(d) lets you remove these items 3 years after their date, even while the driver still works for you:
- Annual MVRs
- Annual review notes
- Medical examiner's certificates, or for CDL drivers the CDLIS MVRs used for medical certification
- Medical variances, Skill Performance Evaluation certificates and medical exemption letters
- National Registry verification notes
The application, pre-hire MVR and road test proof stay for the whole time the driver works for you plus 3 years.
Example
A driver works for you from 2022 to 2026. Their 2022 application and road test certificate stay in the file until 2029. Their 2023 annual MVR can be removed in 2026.
Common DQ file mistakes
- Missing MVRs from a state where the driver held a license in the past 3 years
- Annual reviews with no reviewer name or date
- Expired medical certification, or no proof of certification on file
- No National Registry check for non-CDL drivers
- Prior-employer responses mixed into the DQ file instead of the investigation history file
- No record of good-faith efforts when a past employer won't respond
- Files thrown out before 3 years have passed since the driver left
How JMM Compliance can help
We build and audit DQ files item by item against 391.51, and set up reminders for annual MVRs, reviews and medical renewals. We can also set up your investigation history files and Clearinghouse queries so they are ready for a new entrant audit or compliance review. Learn more on our driver qualification files service page, or see our compliance management service for ongoing support. If your audit is coming up, our new entrant safety audit service can help you prepare.
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This page is general information, not legal advice. Requirements depend on your operation; confirm details with FMCSA or a qualified professional.