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Historical textIn force on Oct. 1, 2009Source: annual CFR edition 2009

§ 391.51 General requirements for driver qualification files.

Wording in the annual edition revised as of Oct. 1, 2009, superseded by the 2010 annual edition.

govinfo, 2009 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2009 edition's wording. An amendment that took effect between Oct. 1, 2009 and Oct. 1, 2009 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2004 wording → Oct. 1, 2009 wording+286 added−74 removedHide

(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 responsemotor byvehicle eachrecord Statereceived agencyfrom concerningeach aState 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 responsemotor ofvehicle record received from each State driver licensing 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)(i) The medical examiner's certificate as required by § 391.43(g) or a legible copy of his/herthe physicalcertificate.
(ii) Exception. For CDL drivers beginning January 30, 2012, if the CDLIS motor vehicle record contains medical certification status information, the motor carrier employer must meet this requirement by obtaining the CDLIS motor vehicle record defined at § 384.105 of this chapter. That record must be obtained from the current licensing State and placed in the driver qualification tofile. driveAfter January 30, 2014, a commercialnon-excepted, interstate CDL driver without medical certification status information on the CDLIS motor vehicle asrecord requiredis designated “not-certified” to operate a CMV in interstate commerce. For up to 15 days from the date stamped on the receipt of the medical examiner's certificate, provided to the driver by §the 391State driver licensing agency, a motor carrier may use that receipt as proof of the driver's medical certification.43
(fiii) orIf that driver obtained the medical certification based on having obtained a legiblemedical photographicvariance from FMCSA, the motor carrier must also include a copy of the certificatemedical variance documentation in the driver qualification file in accordance with § 391.51(b)(8); and
(8) A letterSkill Performance Evaluation Certificate obtained from thea Field Administrator, Division Administrator, or State Director grantingissued ain waiveraccordance ofwith a§ 391.49; physicalor disqualificationthe Medical Exemption document, ifissued by a waiverFederal wasmedical issuedprogram underin §accordance 391with part 381 of this chapter.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 responsemotor ofvehicle record received from each State driver licensing 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 ofrequired theby driver's§ 391.43(g), physicala qualificationlegible tocopy driveof athe commercialcertificate, motor vehicle or thefor photographicCDL copydrivers ofany theCDLIS certificateMVR obtained as required by §  391.4351(fb)(7)(ii); and
(5) TheAny lettermedical variance issued underby §FMCSA, including a Skill Performance Evaluation Certificate issued in accordance with § 391.49; grantingor athe waiverMedical ofExemption letter issued by a physicalFederal disqualificationmedical program in accordance with part 381 of this chapter.
(Approved by the Office of Management and Budget under control number 2126-004)
[63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008]

49 CFR § 391.51 — General requirements for driver qualification files.. Text in force on October 1, 2009. This wording effective October 1, 2009 to October 1, 2010. Source: govinfo, 2009 edition, https://www.govinfo.gov/app/details/CFR-2009-title49-vol5/CFR-2009-title49-vol5-sec391-51. Retrieved from FMCSR.com, https://fmcsr.com/reg/391.51?asof=2009-10-01, 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 copy of the motor vehicle record received from each State 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 motor vehicle record received from each State driver licensing 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)(i) The medical examiner's certificate as required by § 391.43(g) or a legible copy of the certificate.

(ii) Exception. For CDL drivers beginning January 30, 2012, if the CDLIS motor vehicle record contains medical certification status information, the motor carrier employer must meet this requirement by obtaining the CDLIS motor vehicle record defined at § 384.105 of this chapter. That record must be obtained from the current licensing State and placed in the driver qualification file. After January 30, 2014, a non-excepted, interstate CDL driver without medical certification status information on the CDLIS motor vehicle record is designated “not-certified” to operate a CMV in interstate commerce. For up to 15 days from the date stamped on the receipt of the medical examiner's certificate, provided to the driver by the State driver licensing agency, a motor carrier may use that receipt as proof of the driver's medical certification.

(iii) If that driver obtained the medical certification based on having obtained a medical variance from FMCSA, the motor carrier must also include a copy of the medical variance documentation in the driver qualification file in accordance with § 391.51(b)(8); and

(8) A Skill Performance Evaluation Certificate obtained from a Field Administrator, Division Administrator, or State Director issued in accordance with § 391.49; or the Medical Exemption document, issued by a Federal medical program in accordance with part 381 of this chapter.

(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 motor vehicle record received from each State driver licensing 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 required by § 391.43(g), a legible copy of the certificate, or for CDL drivers any CDLIS MVR obtained as required by § 391.51(b)(7)(ii); and

(5) Any medical variance issued by FMCSA, including a Skill Performance Evaluation Certificate issued in accordance with § 391.49; or the Medical Exemption letter issued by a Federal medical program in accordance with part 381 of this chapter.

(Approved by the Office of Management and Budget under control number 2126-004)

[63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008]

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. previousviewing
    [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. previous
    [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.