CDL driver qualifications study guide
FMCSA's rules in 49 CFR Part 391 set minimum qualifications for people who drive commercial motor vehicles for motor carriers, and the motor carrier's duties about those qualifications. This guide sets out what the rule text states on general qualifications (including the age of 21 and English language), disqualifying offenses and their periods, the employment application and background investigations, the annual driving record review, the road test and its equivalents, the physical qualification standards, the medical examination and certificate, and driver qualification files. Part 391 has exceptions (for example in 391.2 and in subpart G) that this guide mentions only where a rule names them; LCV driver-instructor rules are not covered. This is not the State knowledge test, and goraedu does not issue licenses or permits. Every point links to the regulation and quotes its exact words.
General qualifications
Part 391 sets minimum qualifications for people who drive commercial motor vehicles (CMVs) as, for, or on behalf of motor carriers, and minimum duties of motor carriers about their drivers' qualifications.
“The rules in this part establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on behalf of motor carriers. The rules in this part also establish minimum duties of motor carriers with respect to the qualifications of their drivers.”
49 CFR 391.1, Scope of the rules in this part; additional qualifications; duties of carrier-drivers
The duty falls on both sides: a person must not drive a CMV unless qualified, and, except as provided in 391.63 (multiple-employer drivers), a motor carrier must not require or permit an unqualified person to drive one.
“A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in § 391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.”
Except as provided in subpart G (limited exemptions), one of the conditions for being qualified is being at least 21 years old.
“Except as provided in subpart G of this part, a person is qualified to drive a motor vehicle if he/she— (1) Is at least 21 years old;”
The driver must be able to read and speak English well enough to converse with the general public, understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records.
“Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;”
The driver must be able, by experience, training, or both, to safely operate the type of CMV he or she drives, and must be physically qualified under subpart E.
“Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives; (4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part;”
The driver must hold a currently valid CMV operator's license issued by only one State or jurisdiction, and must not be disqualified under 391.15.
“Has a currently valid commercial motor vehicle operator's license issued only by one State or jurisdiction; (6) Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15; and”
The driver must either have completed a road test and been issued a certificate under 391.31, or have presented a license or road test certificate that the employing motor carrier accepted as equivalent under 391.33.
“Has successfully completed a driver's road test and has been issued a certificate of driver's road test in accordance with § 391.31, or has presented an operator's license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with § 391.33.”
A motor carrier must not require or permit a person to drive a CMV unless the person can, by experience, training, or both, determine whether the cargo (including baggage in a passenger-carrying CMV) is properly located, distributed, and secured, and is familiar with methods and procedures for securing cargo.
“a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless the person— (a) Can, by reason of experience, training, or both, determine whether the cargo he/she transports (including baggage in a passenger-carrying commercial motor vehicle) has been properly located, distributed, and secured in or on the commercial motor vehicle he/she drives; (b) Is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle he/she drives.”
Disqualification
A disqualified driver must not drive a CMV, and a motor carrier must not require or permit a disqualified driver to drive one.
“A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier shall not require or permit a driver who is disqualified to drive a commercial motor vehicle.”
A driver who receives a notice that his or her license, permit, or privilege to operate a CMV has been revoked, suspended, or withdrawn must tell the employing motor carrier what the notice says before the end of the business day after the day the notice was received.
“A driver who receives a notice that his/her license, permit, or privilege to operate a commercial motor vehicle has been revoked, suspended, or withdrawn shall notify the motor carrier that employs him/ her of the contents of the notice before the end of the business day following the day the driver received it.”
Disqualification for the listed criminal and other offenses applies after a conviction (or forfeiture of bond or collateral) if the offense was committed during on-duty time (as defined in 395.2 or as otherwise specified) and the driver is employed by a motor carrier or engaged in activities in furtherance of a commercial enterprise in interstate, intrastate, or foreign commerce.
“A driver who is convicted of (or forfeits bond or collateral upon a charge of) a disqualifying offense specified in paragraph (c)(2) of this section is disqualified for the period of time specified in paragraph (c)(3) of this section, if— (i) The offense was committed during on-duty time as defined in § 395.2 of this subchapter or as otherwise specified; and (ii) The driver is employed by a motor carrier or is engaged in activities that are in furtherance of a commercial enterprise in interstate, intrastate, or foreign commerce.”
Driving a CMV under the influence of alcohol is a disqualifying offense. It includes driving a CMV with an alcohol concentration of 0.04 percent or more, driving under the influence as prescribed by State law, and refusing testing required by a State or jurisdiction to enforce those rules or 392.5(a)(2).
“Driving a commercial motor vehicle while under the influence of alcohol. This shall include: (A) Driving a commercial motor vehicle while the person's alcohol concentration is 0.04 percent or more; (B) Driving under the influence of alcohol, as prescribed by State law; or (C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of § 391.15(c)(2)(i) (A) or (B), or § 392.5(a)(2).”
A first offender (no disqualifying conviction or forfeiture in the 3 years before) is disqualified for 1 year, or 6 months if the case solely concerned transporting or possessing the substances in (c)(2)(iii). A subsequent offender (a disqualifying conviction or forfeiture in the 3 years before) is disqualified for 3 years.
“First offenders. A driver is disqualified for 1 year after the date of conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, the driver was not convicted of, or did not forfeit bond or collateral upon a charge of an offense that would disqualify the driver under the rules of this section. Exemption. The period of disqualification is 6 months if the conviction or forfeiture of bond or collateral soley concerned the transportation or possession of substances named in paragraph (c)(2)(iii) of this section. (ii) Subsequent offenders. A driver is disqualified for 3 years after the date of his/her conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, he/she was convicted of, or forfeited bond or collateral upon a charge of, an offense that would disqualify him/her under the rules in this section.”
A first conviction for violating an out-of-service order disqualifies the driver for not less than 90 days nor more than one year.
“First violation. A driver is disqualified for not less than 90 days nor more than one year if the driver is convicted of a first violation of an out-of-service order.”
A first out-of-service order violation while transporting placarded hazardous materials, or while operating a CMV designed to transport more than 15 passengers including the driver, disqualifies the driver for not less than 180 days nor more than two years.
“A driver is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.), or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver.”
For the texting prohibition in 392.80(a), two convictions in separate incidents during any 3-year period mean a 60-day disqualification; three or more mean 120 days.
“Second violation. A driver is disqualified for 60 days if the driver is convicted of two violations of § 392.80(a) of this chapter in separate incidents during any 3-year period. (ii) Third or subsequent violation. A driver is disqualified for 120 days if the driver is convicted of three or more violations of § 392.80(a) of this chapter in separate incidents during any 3-year period.”
The hand-held mobile telephone restriction in 392.82(a) follows the same pattern: 60 days for two convictions and 120 days for three or more, in separate incidents committed during any 3-year period.
“Second violation. A driver is disqualified for 60 days if the driver is convicted of two violations of § 392.82(a) of this chapter in separate incidents committed during any 3-year period. (ii) Third or subsequent violation. A driver is disqualified for 120 days if the driver is convicted of three or more violations of § 392.82(a) of this chapter in separate incidents committed during any 3-year period.”
Application and investigations
Except as provided in subpart G, a person must not drive a CMV until he or she has completed and given the employing motor carrier an application for employment that meets 391.21(b).
“Except as provided in subpart G of this part, a person shall not drive a commercial motor vehicle unless he/she has completed and furnished the motor carrier that employs him/her with an application for employment that meets the requirements of paragraph (b) of this section.”
The application is made on a form the motor carrier furnishes, and the applicant must complete and sign it.
“The application for employment shall be made on a form furnished by the motor carrier. Each application form must be completed by the applicant, must be signed by him/her, and must contain the following information:”
The application lists all motor vehicle accidents the applicant was involved in during the 3 years before the application date, with the date and nature of each and any fatalities or personal injuries.
“A list of all motor vehicle accidents in which the applicant was involved during the 3 years preceding the date the application is submitted, specifying the date and nature of each accident and any fatalities or personal injuries it caused;”
Applicants who will drive a CMV as defined in part 383 also list employers for the 7-year period before those 3 years for which they were a CMV operator, with dates of employment and reasons for leaving.
“For those drivers applying to operate a commercial motor vehicle as defined by part 383 of this subchapter, a list of the names and addresses of the applicant's employers during the 7-year period preceding the 3 years contained in paragraph (b)(10) of this section for which the applicant was an operator of a commercial motor vehicle, together with the dates of employment and the reasons for leaving such employment; and”
Except as provided in subpart G, and other than for a driver regularly employed by the carrier for a continuous period that began before January 1, 1971, the motor carrier must make an inquiry, within 30 days of the date the driver's employment begins, to each driver's licensing authority where the driver held or holds a license or permit during the preceding 3 years, for the driver's motor vehicle record covering the prior 3 years.
“Except as provided in subpart G of this part, each motor carrier shall make the following investigations and inquiries with respect to each driver it employs, other than a person who has been a regularly employed driver of the motor carrier for a continuous period which began before January 1, 1971: (1) An inquiry, within 30 days of the date the driver's employment begins, to each driver's licensing authority where the driver held or holds a motor vehicle operator's license or permit during the preceding 3 years, to obtain that driver's motor vehicle record covering that driver's prior 3-year driving history.”
The motor carrier must also investigate the driver's safety performance history with Department of Transportation regulated employers during the preceding three years.
“An investigation of the driver's safety performance history with Department of Transportation regulated employers during the preceding three years.”
The prospective motor carrier employer must give the previous employer the driver's consent for release of the information listed in 391.23(e). If the driver refuses to give this consent, the prospective employer must not permit the driver to operate a CMV for that motor carrier.
“A prospective motor carrier employer must provide to the previous employer the driver's consent meeting the requirements of § 40.321(b) of this title for the release of the information in paragraph (e) of this section. If the driver refuses to provide this consent, the prospective motor carrier employer must not permit the driver to operate a commercial motor vehicle for that motor carrier.”
Before allowing the driver to operate a CMV, the motor carrier must obtain an original or copy of the medical examiner's certificate and any medical variance it is based on, and (beginning on or after May 21, 2014) verify the examiner was listed on the National Registry of Certified Medical Examiners on the date of issuance, and put these records in the driver qualification file.
“The motor carrier must obtain an original or copy of the medical examiner's certificate issued in accordance with § 391.43, and any medical variance on which the certification is based, and, beginning on or after May 21, 2014, verify the driver was certified by a medical examiner listed on the National Registry of Certified Medical Examiners as of the date of issuance of the medical examiner's certificate, and place the records in the driver qualification file, before allowing the driver to operate a CMV.”
Annual inquiry and review
Except as provided in subpart G, the motor carrier must, at least once every 12 months, ask each licensing authority where the driver held a CMV license or permit during the period for the driver's motor vehicle record covering at least the preceding 12 months.
“Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to each driver's licensing authority where the driver held a commercial motor vehicle operator's license or permit during the time period.”
Except as provided in subpart G, the motor carrier must, at least once every 12 months, review each driver's motor vehicle record to decide whether the driver meets minimum requirements for safe driving or is disqualified under 391.15.
“Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to § 391.15.”
In the review the carrier must consider the driver's accident record and evidence of traffic law violations, and give great weight to violations such as speeding, reckless driving, and operating under the influence of alcohol or drugs that show a disregard for public safety.
“The motor carrier must consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.”
A copy of the motor vehicle record goes in the driver's qualification file, along with a note giving the name of the person who did the review and the date of the review.
“A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver's qualification file. (2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver's qualification file.”
Road test and its equivalent
Except as provided in subpart G, a person must not drive a CMV until he or she has successfully completed a road test and been issued a certificate of driver's road test.
“Except as provided in subpart G, a person shall not drive a commercial motor vehicle unless he/she has first successfully completed a road test and has been issued a certificate of driver's road test in accordance with this section.”
The motor carrier or a person it designates gives the road test, but a driver who is a motor carrier must be tested by someone other than himself or herself. The tester must be competent to judge whether the driver can operate the CMV and equipment the carrier intends to assign.
“The road test shall be given by the motor carrier or a person designated by it. However, a driver who is a motor carrier must be given the test by a person other than himself/herself. The test shall be given by a person who is competent to evaluate and determine whether the person who takes the test has demonstrated that he/she is capable of operating the commercial motor vehicle, and associated equipment, that the motor carrier intends to assign him/her.”
At a minimum, the test covers the pretrip inspection required by 392.7; coupling and uncoupling of combination units, if the driver may drive them; placing the CMV in operation; and use of its controls and emergency equipment, among other listed operations.
“As a minimum, the person who takes the test must be tested, while operating the type of commercial motor vehicle the motor carrier intends to assign him/her, on his/her skill at performing each of the following operations: (1) The pretrip inspection required by § 392.7 of this subchapter; (2) Coupling and uncoupling of combination units, if the equipment he/she may drive includes combination units; (3) Placing the commercial motor vehicle in operation; (4) Use of the commercial motor vehicle's controls and emergency equipment;”
The examined person gets a copy of the certificate. The motor carrier keeps in the driver qualification file the original signed road test form and the original or a copy of the certificate.
“A copy of the certificate required by paragraph (e) of this section shall be given to the person who was examined. The motor carrier shall retain in the driver qualification file of the person who was examined— (1) The original of the signed road test form required by paragraph (d) of this section; and (2) The original, or a copy of, the certificate required by paragraph (e) of this section.”
In place of the road test, a person may present, and a motor carrier may accept, one of two options: a valid CDL (not including double/triple trailer or tank vehicle endorsements) issued after a road test in a CMV of the type the carrier intends to assign, or a copy of a valid road test certificate issued under 391.31 within the preceding 3 years.
“In place of, and as equivalent to, the road test required by § 391.31, a person who seeks to drive a commercial motor vehicle may present, and a motor carrier may accept— (1) A valid Commercial Driver's License as defined in § 383.5 of this subchapter, but not including double/triple trailer or tank vehicle endorsements, which has been issued to him/her to operate specific categories of commercial motor vehicles and which, under the laws of that State, licenses him/her after successful completion of a road test in a commercial motor vehicle of the type the motor carrier intends to assign to him/her; or (2) A copy of a valid certificate of driver's road test issued to him/her pursuant to § 391.31 within the preceding 3 years.”
A motor carrier may still require a person who presents an equivalent license or certificate to take a road test or another driving skill test as a condition of employment.
“A motor carrier may require any person who presents a license or certificate as equivalent to the road test to take a road test or any other test of his/her driving skill as a condition to his/her employment as a driver.”
Physical qualifications
A person subject to Part 391 must not operate a CMV unless medically certified as physically qualified, and, except as provided in 391.41(a)(2), must have the original or a copy of a current medical examiner's certificate on his or her person when on duty.
“A person subject to this part must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (a)(2) of this section, when on-duty has on his or her person the original, or a copy, of a current medical examiner's certificate that he or she is physically qualified to drive a commercial motor vehicle.”
On or after June 23, 2025, a driver required to have a CDL or CLP under part 383 who has a current medical examiner's certificate no longer needs to carry that certificate.
“On or after June 23, 2025, a driver required to have a commercial driver's license or a commercial learner's permit under 49 CFR part 383, and who has a current medical examiner's certificate documenting that he or she meets the physical qualification requirements of this part, no longer needs to carry on his or her person the medical examiner's certificate specified at § 391.43(h).”
On blood pressure, the standard is written as no current clinical diagnosis of high blood pressure likely to interfere with the driver's ability to operate a CMV safely.
“Has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a commercial motor vehicle safely;”
Vision under 391.41(b)(10)(i): distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or separately corrected to 20/40 or better, distant binocular acuity of at least 20/40, a field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize standard red, green, and amber traffic signal colors. A person who, with the worse eye, does not satisfy the distant visual acuity standard with corrective lenses, the field of vision standard, or both, may instead meet the requirements in 391.44.
“Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber; or (ii) Meets the requirements in § 391.44, if the person does not satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in paragraph (b)(10)(i) of this section;”
Hearing: the driver first perceives a forced whispered voice in the better ear at not less than 5 feet, with or without a hearing aid, or, if tested with an audiometric device, has no average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz.
“First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid”
The drug standard in 391.41(b)(12) is written as: does not use any Schedule I drug or substance, an amphetamine, a narcotic, or other habit-forming drug; or does not use any non-Schedule I drug or substance in the other Schedules of 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a CMV. Paragraph (b)(13) requires no current clinical diagnosis of alcoholism.
“Does not use any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or other habit-forming drug; or (ii) Does not use any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in § 382.107 of this chapter, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle; and (13) Has no current clinical diagnosis of alcoholism.”
Appendix A to Part 391 (Medical Advisory Criteria) contains FMCSA's recommendations and guidance to help medical examiners assess a driver's physical qualification. It states that these recommendations and guidance are strictly advisory and do not have the force and effect of law.
“This appendix contains the Federal Motor Carrier Safety Administration's recommendations and guidance in the form of Medical Advisory Criteria to help medical examiners assess a driver's physical qualification. These recommendations and guidance are strictly advisory and do not have the force and effect of law.”
Not covered here
The detailed alternative standards for vision (391.44), insulin-treated diabetes (391.46) and limb impairment (391.49), and Appendix A's advisory blood pressure stages, are not summarized here. We only write what an official source states, so study these parts with your certifying program's materials.
Medical examination and certificate
Except as provided in 391.43(b), the medical examination must be performed by a medical examiner listed on the National Registry of Certified Medical Examiners.
“Except as provided by paragraph (b) of this section, the medical examination must be performed by a medical examiner listed on the National Registry of Certified Medical Examiners under subpart D of part 390 of this chapter.”
49 CFR 391.43, Medical examination; certificate of physical examination
A licensed ophthalmologist or licensed optometrist may perform the vision part of the examination (visual acuity, field of vision, and color recognition).
“A licensed ophthalmologist or licensed optometrist may perform the part of the medical examination that involves visual acuity, field of vision, and the ability to recognize colors as specified in § 391.41(b)(10).”
49 CFR 391.43, Medical examination; certificate of physical examination
On or after June 23, 2025, if the examiner finds the person not physically qualified, the examiner must tell the person so and that this will be reported to FMCSA; all medical examiner's certificates previously issued to that person become invalid.
“On or after June 23, 2025, if the medical examiner finds that the person examined is not physically qualified to operate a commercial motor vehicle in accordance with § 391.41(b), he or she must inform the person examined that he or she is not physically qualified, and that this information will be reported to FMCSA. All medical examiner's certificates previously issued to the person are not valid and no longer satisfy the requirements of § 391.41(a).”
49 CFR 391.43, Medical examination; certificate of physical examination
Beginning December 22, 2015, if the examiner finds that the determination should be delayed to receive additional information or to conduct further examination, the examiner must tell the person that the information must be provided or the further examination completed within 45 days, and that the pending status of the examination will be reported to FMCSA.
“Beginning December 22, 2015, if the medical examiner finds that the determination of whether the person examined is physically qualified to operate a commercial motor vehicle in accordance with § 391.41(b) should be delayed to receive additional information or to conduct further examination in order for the medical examiner to make such determination, he or she must inform the person examined that the additional information must be provided or the further examination completed within 45 days, and that the pending status of the examination will be reported to FMCSA.”
49 CFR 391.43, Medical examination; certificate of physical examination
The medical examiner keeps each Medical Examination Report and a copy of each certificate for at least 3 years from the date of examination.
“Each original (paper or electronic) completed Medical Examination Report and a copy or electronic version of each medical examiner's certificate must be retained on file at the office of the medical examiner for at least 3 years from the date of examination.”
49 CFR 391.43, Medical examination; certificate of physical examination
A driver must be examined and certified if he or she has not been examined and certified during the preceding 24 months, unless one of the paragraphs with a different schedule applies.
“Any driver who has not been medically examined and certified as qualified to operate a commercial motor vehicle during the preceding 24 months, unless the driver is required to be examined and certified in accordance with paragraph (c), (e), (f), (g), or (h) of this section;”
49 CFR 391.45, Persons who must be medically examined and certified
Shorter periods apply to some drivers. For example, a driver with insulin-treated diabetes who was certified under 391.46 must be examined and certified again if the most recent examination and certification did not occur during the preceding 12 months.
“Any driver who has diabetes mellitus treated with insulin for control and who has obtained a medical examiner's certificate under the standards in § 391.46, if such driver's most recent medical examination and certification as qualified to drive did not occur during the preceding 12 months;”
49 CFR 391.45, Persons who must be medically examined and certified
A driver whose ability to perform normal duties has been impaired by a physical or mental injury or disease must also be examined and certified.
“Any driver whose ability to perform his or her normal duties has been impaired by a physical or mental injury or disease; and”
49 CFR 391.45, Persons who must be medically examined and certified
Not covered here
The Medical Examination Report (MCSA-5875) and Medical Examiner's Certificate (MCSA-5876) forms appear in the eCFR only as images, so their wording (including the certificate's expiration entry) is not quoted here. We only write what an official source states, so study these parts with your certifying program's materials.
Driver qualification files
Each motor carrier must keep a driver qualification file for each driver it employs; it may be combined with the driver's personnel file.
“Each motor carrier shall maintain a driver qualification file for each driver it employs. A driver's qualification file may be combined with his/her personnel file.”
49 CFR 391.51, General requirements for driver qualification files
Among other items, the file must include the driver's application for employment and a copy of the motor vehicle record received from each driver's licensing authority in the hiring inquiry under 391.23(a)(1).
“The qualification file for a driver must include: (1) The driver's application for employment completed in accordance with § 391.21; (2) A copy of the motor vehicle record received from each driver's licensing authority pursuant to § 391.23(a)(1);”
49 CFR 391.51, General requirements for driver qualification files
Except as provided in 391.51(d), the qualification file is kept for as long as the driver is employed by that motor carrier and for three years afterward.
“Except as provided in paragraph (d) of this section, each driver's qualification file shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter.”
49 CFR 391.51, General requirements for driver qualification files
Some records, such as the annual motor vehicle records and annual review notes, may be removed three years after the date of execution.
“The following records may be removed from a driver's qualification file three years after the date of execution: (1) The motor vehicle record received from each driver's licensing authority to the annual driver record inquiry required by § 391.25(a); (2) The note relating to the annual review of the driver's driving record as required by § 391.25(c)(2);”
49 CFR 391.51, General requirements for driver qualification files
Under 391.53(c), safety performance histories received from previous employers for a driver who is hired must be retained for as long as the driver is employed by that motor carrier and for three years afterward.
“The safety performance histories received from previous employers for a driver who is hired must be retained for as long as the driver is employed by that motor carrier and for three years thereafter.”
Not covered here
LCV driver-instructor qualification files (391.55) are not covered. We only write what an official source states, so study these parts with your certifying program's materials.
Sources
- eCFR: 49 CFR 391.1, Scope of the rules in this part; additional qualifications; duties of carrier-drivers (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.11, General qualifications of drivers (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.13, Responsibilities of drivers (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.15, Disqualification of drivers (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.21, Application for employment (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.23, Investigation and inquiries (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.25, Annual inquiry and review of driving record (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.31, Road test (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.33, Equivalent of road test (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.41, Physical qualifications for drivers (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR Part 391, Appendix A (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.43, Medical examination; certificate of physical examination (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.45, Persons who must be medically examined and certified (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.51, General requirements for driver qualification files (as of Nov 3, 2026)Checked November 6, 2026
- eCFR: 49 CFR 391.53, Driver investigation history file (as of Nov 3, 2026)Checked November 6, 2026
Other CDL study guides: License standards, Driving rules, Hours of service, Inspection and maintenance, Brakes, Cargo securement, Drug and alcohol testing, Hazmat classes and definitions, Hazmat shipping papers and emergency information, Hazmat marking, Hazmat placarding, Hazmat highway carriage, loading and segregation, Hazmat driving, parking and training