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Historical textIn force on Oct. 1, 1998Source: annual CFR editions 1998–2000

§ 391.51 General requirements for driver qualification files.

Wording in the annual edition revised as of Oct. 1, 1998, superseded by the 2001 annual edition.

govinfo, 1998 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1998 edition's wording. An amendment that took effect between Oct. 1, 1998 and Oct. 1, 1998 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1996 wording → Oct. 1, 1998 wording+196 added−564 removedHide

(a) ExceptEach as provided in subpart G, each motor carrier shall maintain a driver qualification file for each driver it employs. A driver's qualification file may be combined with thehis/her driver's personnel file.
(b) The qualification file for a driver who has been a regularly employed driver of the motor carrier for a continuous period which began before January 1, 1971, must include:
(1) The medical examiner's certificate of his/her physical qualification to drive a commercial motor vehicle or a legible photographic copy of the certificate;
(2) The letter from the Regional Director of Motor Carriers granting a waiver of a physical disqualification, if a waiver was issued under § 391.49;
(3) The note relating to the annual review of his/her driving record required by § 391.25;
(4) The list or certificate relating to violations of motor vehicle laws and ordinances required by § 391.27; and
(5) Any other matter which relates to the driver's qualifications or ability to drive a commercial motor vehicle safely.
(c) The qualification file for a regularly employed driver who has not been regularly employed by the motor carrier for a continuous period which began before January 1, 1971, must include:
(1) The documents specified in paragraph (b) of this section;
(2) The driver's application for employment completed in accordance with § 391.21;
(32) TheA responseswritten ofrecord Statewith agenciesrespect andto each past employersemployer towho thewas motorcontacted carrier'sand inquiriesa concerningcopy of the driver'sresponse drivingby recordeach andState employmentagency, pursuant to § 391.23; involving investigation and inquiries;
(43) 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.;
(d4) The qualificationresponse fileof foreach anState intermittent,agency casual,to orthe occasionalannual driver employedrecord underinquiry therequired rulesby in § 391.63 must include—25(a);
(15) TheA medicalnote examiner'srelating certificate of his/her physical qualification to drivethe aannual commercialreview motor vehicle or a legible photographic copy of the certificate;
(2) The certificate of driver's roaddriving testrecord issuedas torequired theby driver pursuant to § 391.3125(ec),(2);
(6) orA alist copy of the license or certificate whichrelating theto motorviolations carrierof acceptedmotor asvehicle equivalentlaws toand theordinances driver'srequired roadby test pursuant to § 391.3127; and
(37) The drivermedical examiner's name,certificate his/her social security number, and the identification number, type, and issuing State of his/her commercialphysical motor vehicle operator's license.
(e) A using carrier's qualification fileto fordrive a drivercommercial who is regularly employed by another motor carrier,vehicle andas whorequired is employed by the using carrier in accordance with § 391.6543(f) ofor thisa part,legible shallphotographic include a copy of athe certificate,; asand
(8) prescribedA byletter §from 391.65(a)(2)the ofRegional thisDirector part,of byMotor theCarriers regularlygranting employinga carrierwaiver thatof thea driverphysical isdisqualification, fullyif qualifieda towaiver drivewas aissued commercialunder motor§ vehicle391.49.
(fc) Except as provided in paragraphsparagraph (gd) and (h) of this section, each driver's qualification file shall be keptretained at the motor carrier's principal place of business for as long as a driver is employed by that motor carrier and for 3three years thereafter.
(gd) Upon a written request to, and with the approval of, the Regional Director of Motor Carriers for the region in which a motor carrier has his/her principal place of business, the carrier may retain one or more of its drivers’ qualification files at a regional or terminal office. The addresses and jurisdictions of the Regional Director of Motor Carriers are shown in § 390.27 of this subchapter.
(h) The following records may be removed from a driver's qualification file afterthree 3 years fromafter the date of execution:
(1) The medicalresponse examiner's certificate of his/hereach physicalState qualificationagency to drive a commercial motor vehicle or the photographicannual copydriver ofrecord theinquiry certificate as required by § 391.4325(da).;
(2) The note relating to the annual review of his/herthe driver's driving record as required by § 391.25.(c)(2);
(3) The list or certificate relating to violations of motor vehicle laws and ordinanceordinances as required by § 391.27.;
(4) The lettermedical issuedexaminer's undercertificate § 391.49 granting a waiver of athe driver's physical disqualification.
(Sec.qualification 204,to Interstatedrive Commercea Act,commercial asmotor amended,vehicle (49or U.S.C.the 304);photographic sec.copy 6, Department of Transportation Act (49 U.S.C. 1655), and the delegationscertificate ofas authorityrequired by the§ Secretary of Transportation and the Federal Highway Administrator at 49 CFR 1391.4843(f); and 301.60, respectively)
[35(5) FRThe 6460,letter Apr.issued 22,under 1970,§ as amended at 35 FR 17420, Nov391.49 13,granting 1970;a 41waiver FRof 36656,a Augphysical disqualification.
(Approved 31,by 1976;the 42Office FRof 37370,Management Julyand 21,Budget 1977;under 45control FRnumber 46424,2125-0065)
[63 July 10, 1980; 53 FR 1805733277, MayJune 1918, 1988; 59 FR 8752, Feb. 23, 1994; 59 FR 60323, Nov. 23, 1994; 60 FR 38745, July 28, 19951998]

49 CFR § 391.51 — General requirements for driver qualification files.. Text in force on October 1, 1998. This wording effective October 1, 1998 to October 1, 2001. Source: govinfo, 1998 edition, https://www.govinfo.gov/app/details/CFR-1998-title49-vol4/CFR-1998-title49-vol4-sec391-51. Retrieved from FMCSR.com, https://fmcsr.com/reg/391.51?asof=1998-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(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 written record with respect to each past employer who was contacted and a copy of the response by each State agency, pursuant to § 391.23 involving investigation and inquiries;

(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 Regional Director of Motor Carriers 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.

(Approved by the Office of Management and Budget under control number 2125-0065)

[63 FR 33277, June 18, 1998]

Amendment history

17 distinct wordings on file since Oct. 1, 1996
  1. May 9, 2022 → presenteCFR, day-precisediff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 66 FR 49874, Oct. 1, 2001; 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019; 86 FR 32651, June 22, 2021; 86 FR 57076, Oct. 14, 2021; 87 FR 3419, Jan. 21, 2022; 87 FR 13209, Mar. 9, 2022]
  2. March 22, 2022 → May 9, 2022eCFR, day-precisediff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 66 FR 49874, Oct. 1, 2001; 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019; 86 FR 32651, June 22, 2021; 86 FR 57076, Oct. 14, 2021; 87 FR 3419, Jan. 21, 2022]
  3. March 9, 2022 → March 22, 2022eCFR, day-precisediff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 66 FR 49874, Oct. 1, 2001; 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019; 86 FR 32651, June 22, 2021; 86 FR 57076, Oct. 14, 2021]
  4. Jan. 21, 2022 → March 9, 2022eCFR, day-precisediff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 66 FR 49874, Oct. 1, 2001; 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019; 86 FR 32651, June 22, 2021; 86 FR 57076, Oct. 14, 2021]
  5. Oct. 14, 2021 → Jan. 21, 2022eCFR, day-precisediff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 66 FR 49874, Oct. 1, 2001; 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019; 86 FR 32651, June 22, 2021; 86 FR 57076, Oct. 14, 2021]
  6. June 22, 2021 → Oct. 14, 2021eCFR, day-precisediff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 66 FR 49874, Oct. 1, 2001; 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019; 86 FR 32651, June 22, 2021]
  7. Sept. 30, 2019 → June 22, 2021eCFR, day-precisediff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 66 FR 49874, Oct. 1, 2001; 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019]
  8. June 21, 2018 → Sept. 30, 2019eCFR, day-precisediff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015; 83 FR 28782, June 21, 2018]
  9. Oct. 1, 2015 → June 21, 2018annual editions 2015–2016diff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015]
  10. Oct. 1, 2014 → Oct. 1, 2015annual edition 2014diff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014]
  11. Oct. 1, 2012 → Oct. 1, 2014annual editions 2012–2013diff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012]
  12. Oct. 1, 2010 → Oct. 1, 2012annual editions 2010–2011diff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010]
  13. Oct. 1, 2009 → Oct. 1, 2010annual edition 2009diff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008]
  14. Oct. 1, 2004 → Oct. 1, 2009annual editions 2004–2008diff vs. previous
    [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004]
  15. Oct. 1, 2001 → Oct. 1, 2004annual editions 2001–2003diff vs. previous
    [63 FR 33277, June 18, 1998]
  16. Oct. 1, 1998 → Oct. 1, 2001annual editions 1998–2000diff vs. previousviewing
    [63 FR 33277, June 18, 1998]
  17. Oct. 1, 1996 → Oct. 1, 1998annual edition 1996
    [35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 41 FR 36656, Aug. 31, 1976; 42 FR 37370, July 21, 1977; 45 FR 46424, July 10, 1980; 53 FR 18057, May 19, 1988; 59 FR 8752, Feb. 23, 1994; 59 FR 60323, Nov. 23, 1994; 60 FR 38745, July 28, 1995]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.