Driver Qualification File Management Service

For drivers involved in interstate commerce, it's based on the definition of a "commercial motor vehicle" from §390.5 and meets the following criteria: 

• Interstate commerce and
• GVWR, CGWR, GVW or GCW of 10,001 lbs. and greater; 
• Designed to transport 9+ passengers (including driver) for compensation; 
• Designed to transport 16+ passengers not for compensation; or 
• Placarded for hazmat 

The regulations do not specify where the files are to be stored, as long as they can be at the motor carrier's principal place of business, or other specified location, within 48 hours of being notified of an audit.

If a carrier's DQ files are stored electronically, they need to make sure that they have passwords set up; as with a physical file, only designated personnel should gain access.

Our goal for you is 100% compliance, so our Compliance Advisors will work with you to get your files in compliance in the best timeline for your company. 

You'll be sent notifications for all compliance deficiencies and for advanced notice of expiring documents. 

Certain items are created at the time of hire and kept for the duration of employment plus three years. Other documents that are generated biennially, annually, or more frequently, may be discarded after three years. Here’s a quick reference based on Sections 391.51 and 391.53:

• Driver-specific application (§391.21)
• Original motor vehicle record (MVR) from time of hire (§391.23)
• Road test/certificate (§391.31) or a copy of the CDL as allowed by 391.
• Photocopy of Commercial Driver’s License if used in lieu of a road test (§391.33
• Returned Safety Performance History inquiry, or record of your good faith efforts (§391.23)
• Annual MVR (§391.25)
• Annual documented review of the annual MVR (§391.25)
• Medical Examiner’s Certificate (§391.43(g
• MVR indicating medical status for CDL holders (§391.41(a)(2))
• Documentation that you checked the National Registry of Certified Medical Examiners for driver physicals (§391.23(m))
• Medical variance or exemption document, if applicable (§391.49/Part 381)

If an owner-operator is leased to your motor carrier — i.e., not acting as an independent, for-hire carrier — you are responsible for the driver’s records (e.g., DQ file, DOT testing, logs, training). The FMCSA does not look at employee/independent contractor definitions, nor whose name is on the title of the truck. You would need all the components in the DQ file since the driver is operating under your authority based on the lease agreement. You would treat the driver the same way you would a company driver. 

• Incomplete or no employment application
• Inquiries into driving record (MVR) not kept in DQ file
• Failing to maintain a DQ file on each driver
• Failing to investigate a driver’s background
• Failing to maintain a notation of annual review

How many years of CMV driving employment must be verified for CDL drivers?

A prospective employer only needs to request SPH information from DOT-regulated employers for the past three years for Commercial Driver's License (CDL) and non-CDL drivers. However, applicants being hired to operate a vehicle requiring a CDL must provide seven additional years of CMV driving employment history on the application.

What accident information is required from prior employers?

For all DOT accidents during the prior three years, per 390.15, carriers must obtain the:

• Date of accident,
• Location of the accident,
• Driver name,
• Number of injuries,
• Number of fatalities, and
• Whether hazardous materials were released.

Prior employers may provide information about any other driver accidents or incidents if they wish.

How can an applicant challenge SPHRR information that they feel is in error?

Within 30 days after the hiring decision or hire date, applicants can request to review and contest information provided by previous employers. Drivers must receive the information within five business days of the request. The driver must contact the previous employer and can directly request the correction of or submit a rebuttal to any errors. The correction or rebuttal becomes part of the driver’s record at their prior employer.

What is a “Good Faith Effort?”

A “good faith effort” means employers must show that they made at least two attempts via phone, email, written communication, or other means, but were unable to obtain the information. The carrier can use the driver if they document the “good-faith” attempts, even if an employer doesn’t respond.

Can employers charge for providing required information?

FMCSA does not prohibit employers from charging for providing the required information.