DQ Files Management

Probation Drug Testing

Who needs DQ Files?

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DQ files, along with the broader driver qualification regulations, pertain to motor carriers and drivers operating "commercial motor vehicles" in interstate trade.

The definition of "commercial motor vehicle" (CMV) encompasses: 

  • Vehicles or combinations with a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), or total weight of 10,001 pounds or greater
  • Vehicles intended or utilized to carry more than 8 passengers (including the driver) for hire or more than 15 passengers (including the driver) without compensation
  • Vehicles employed in transporting significant quantities of hazardous materials that require placarding. 

Carriers that engage drivers to operate these vehicle types in interstate commerce must ensure that the drivers fulfill the minimum qualification criteria outlined in Part 391 of the Federal Motor Carrier Safety Regulations (FMCSRs) and must maintain documentation of those qualifications in DQ files. Even if you are a carrier functioning solely within intrastate commerce in a specific state, it is highly probable that your state has implemented the majority of the driver qualification regulations discussed in this article. Therefore, it is advisable to verify with the regulatory agency in your state that oversees motor carrier activities.

What is included in a DQ File?

Driver Qualification File Checklist

49 CFR 391 explains the minimum requirements for commercial motor vehicle drivers. Motor carriers are required to maintain a qualification file for each of their drivers. The following checklist will help you ensure that each driver qualification file is complete.

  Form/Inquiry/Note to Include Must Retain Document For

Ongoing Updates

Inquiry To State Agencies for Driving Record – Annual — 49 CFR 391.25 (a) and (c)

Motor carriers must contact State agencies annually for an updated copy of each driver’s MVR.

3 years from date of execution

Review of Driving Record – Annual 49 CFR 391.25 (c) (2)

At least once every 12 months, the carrier must collect a current motor vehicle record (MVR) from the State issuing a driver’s license, and review the MVR to determine whether the driver still meets the minimum requirements for safe driving, and to confirm they are not disqualified pursuant to 49 CFR 391.15. A note including the name of the person who performed this review and the date must be retained in the file with the MVR.

3 years from date of execution

Driver’s Certification of Violations – Annual 49 CFR 391.27

At least once every 12 months, drivers must submit a list of all convicted violations of motor vehicle traffic laws and ordinances during the previous 12 months. Carrier must review this and compare it with the driver’s annual MVR. Note: Drivers who have provided information required by 49 CFR 383.31 need not repeat information in this annual list of violations.

3 years from date of execution

Medical Examination Report and Medical Examiner’s Certificate— 49 CFR 391.43

All commercial drivers are required to pass a physical exam conducted by a licensed medical examiner at least once every 24 months. The carrier must retain a copy of this certificate. For CDL drivers; the carrier must retain a copy of the CDLIS motor vehicle record, which contains the examination information.

3 years from date of execution

Employer note verifying that medical examiner is listed on National Registry of Certified Medical Examiners — Non-CDL drivers: 49 CFR 391.51(b)(9)(i)); CDL drivers: 49 CFR 391.51(b)(9)(ii))

A note must be included in the driver’s qualification file to verify that the medical examiner is listed on the National Registry of Certified Medical Examiners.

3 years from date of execution

Initial DQ File Documents

Driver’s Application for Employment 49 CFR 391.21

A driver must not drive a CMV unless an application for employment is completed and signed.

Life of employment + 3 years after termination

Driver’s Road Test Certificate or Equivalent* 49 CFR 391.31(e)

A person must not drive a commercial motor vehicle until he/she has successfully completed a road test and has been issued a certificate.

Life of employment + 3 years after termination

Inquiry to Previous Employers: Safety Performance History Records Request49 CFR 391.23(a)(1)and(b)

Carriers must investigate the driver's employment record during the preceding three years. This investigation must be completed within 30 days of the date employment begins. Carrier must retain a record of the request and all response documentation.

Life of employment + 3 years after termination

Initial DQ File Documents

Safety Performance History Records: Driver Correction or Rebuttal (if applicable) — 49 CFR 391.23(i)(2) and 49 CFR 391.23(j)(3))

Carriers must maintain a record of both the request for a driver’s safety performance history and any related documentation, for example if a driver documents that information in the history is inaccurate.

Life of employment + 3 years after termination

Inquiry To State Agencies for 3-Year Driving Record49 CFR 391.23(a)(1)and(b)

Carriers must contact State agencies for the driver’s MVR for the past three years. Request must be made within 30 days of hire. MVR must be kept in the driver’s personnel file, and updated annually. See “Review of Driving Record” entry above.

Life of employment + 3 years after termination

Pre-Employment Drug and Alcohol Documents 49 CFR 40.25(j); 49 CFR 382.301

Employers must ask potential employees if they have tested positive or refused to test, on any pre-employment drug or alcohol test within the past three years. If the potential employee admits to having a positive test or refused to test, that individual must not perform safety-sensitive functions until the successful completion of the return-to-duty process. Documentation demonstrating completion of return-to-duty process must be retained in the driver qualification file.

See Controlled Substances and Alcohol chapter for recordkeeping requirements.

The following additional documents are only required for certain types of drivers, or in specific situations.

Entry-Level Driver Training Certificate49 CFR 380.509(b)

All CDL drivers with less than one year experience must provide this certificate.

3 years from date of execution

Longer Combination Vehicle (LCV) Driver Training Certificate49 CFR 380.401

A driver must not operate an LCV unless the driver can produce an LCV Driver Training Certificate or an LCV Driver Training Certificate of Grandfathering.

Life of employment + 3 years after termination

Longer Combination Vehicle (LCV) Certificate of Grandfathering49 CFR 380.111

Life of employment + 3 years after termination

Multiple-Employer Drivers49 CFR 391.63

Life of employment + 3 years after termination

Skill Performance Evaluation Certificate49 CFR 391.49

3 years from date of execution

Informations

You can also find a copy of the Driver Qualification Checklist here:

Making sure your DQ Files are up to date is important!

Motor carriers are subject to a continuous responsibility under the FMCSRs to verify that their drivers are qualified to operate commercial motor vehicles (CMVs) in interstate commerce. This responsibility includes the periodic updating of certain records within the Driver Qualification (DQ) file, although not all records require such updates. The specific records that must be updated periodically include:

Driver's License/CDL


It is essential for motor carriers to maintain a copy of the driver's current and valid license or Commercial Driver's License (CDL) in each DQ file.

MVR


Carriers must conduct and review a new Motor Vehicle Record (MVR) for all CMV drivers at least once every 12 months. In certain situations, such as a temporary suspension of a driver's license, more frequent checks may be warranted. In such cases, obtaining a new MVR to confirm the reinstatement of the license is advisable. Furthermore, for CDL drivers, carriers must obtain a new MVR within 15 days of the driver receiving a new medical card to ensure that the updated medical card information has been properly recorded with the state of licensure.

Medical Examiner Certificate


Carriers are also required to keep a copy of the driver's current and valid medical examiner's certificate in the DQ file.

Annual Review


As previously mentioned, motor carriers are required to conduct an annual review of each driver’s MVR and other pertinent information as outlined in 49 C.F.R. 391.25, and to complete an Annual Review form for inclusion in the driver’s DQ file.

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