49 C.F.R. Subpart F—Files and Records
Title 49 - Transportation
(a) 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. (b) 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 response by each State agency concerning a driver's driving record pursuant to §391.23(a)(1); (3) The certificate of driver's road test issued to the driver pursuant to §391.31(e), or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver's road test pursuant to §391.33; (4) The response of each State agency to the annual driver record inquiry required by §391.25(a); (5) A note relating to the annual review of the driver's driving record as required by §391.25(c)(2); (6) A list or certificate relating to violations of motor vehicle laws and ordinances required by §391.27; (7) The medical examiner's certificate of his/her physical qualification to drive a commercial motor vehicle as required by §391.43(f) or a legible photographic copy of the certificate; and (8) A letter from the Field Administrator, Division Administrator, or State Director granting a waiver of a physical disqualification, if a waiver was issued under §391.49. (c) 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. (d) The following records may be removed from a driver's qualification file three years after the date of execution: (1) The response of each State agency 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); (3) The list or certificate relating to violations of motor vehicle laws and ordinances required by §391.27; (4) The medical examiner's certificate of the driver's physical qualification to drive a commercial motor vehicle or the photographic copy of the certificate as required by §391.43(f); and (5) The letter issued under §391.49 granting a waiver of a physical disqualification. [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004] (a) After October 29, 2004, each motor carrier must maintain records relating to the investigation into the safety performance history of a new or prospective driver pursuant to paragraphs (d) and (e) of §391.23. This file must be maintained in a secure location with controlled access. (1) The motor carrier must ensure that access to this data is limited to those who are involved in the hiring decision or who control access to the data. In addition, the motor carrier's insurer may have access to the data, except the alcohol and controlled substances data. (2) This data must only be used for the hiring decision. (b) The file must include: (1) A copy of the driver's written authorization for the motor carrier to seek information about a driver's alcohol and controlled substances history as required under §391.23(d). (2) A copy of the response(s) received for investigations required by paragraphs (d) and (e) of §391.23 from each previous employer, or documentation of good faith efforts to contact them. The record must include the previous employer's name and address, the date the previous employer was contacted, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented. (c) 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. (d) A motor carrier must make all records and information in this file available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or an authorized third party, upon request or as part of any inquiry within the time period specified by the requesting representative. [69 FR 16721, Mar. 30, 2004] (a) Each motor carrier must maintain a qualification file for each LCV driver-instructor it employs or uses. The LCV driver-instructor qualification file may be combined with his/her personnel file. (b) The LCV driver-instructor qualification file must include the information in paragraphs (b)(1) and (b)(2) of this section for a skills instructor or the information in paragraph (b)(1) of this section for a classroom instructor, as follows: (1) Evidence that the instructor has met the requirements of 49 CFR 380.301 or 380.303; (2) A photographic copy of the individual's currently valid CDL with the appropriate endorsements. [69 FR 16738, Mar. 30, 2004; 69 FR 28846, May 19, 2004]
Title 49: Transportation
PART 391—QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS
Subpart F—Files and Records
§ 391.51 General requirements for driver qualification files.
§ 391.53 Driver investigation history file.
§ 391.55 LCV Driver-Instructor qualification files.
