
Employment Application
The FMCSA requires an employment application be on file — even for Owner Operators. Yep. Owner Operators need to fill out a job app too! 49 CFR 391.21(b)
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Proper management of Driver Qualification (DQ) files is crucial for FMCSA-regulated employers to ensure their drivers are qualified and compliant with federal regulations.
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The FMCSA requires that employers of CDLs maintain certain records. When an auditor comes knocking you’ll need to be able to produce the following:
The FMCSA requires an employment application be on file — even for Owner Operators. Yep. Owner Operators need to fill out a job app too! 49 CFR 391.21(b)
All drivers must be physically qualified to operate a CMV and must undergo a DOT medical evaluation at least every two years. 49 CFR 391.23(m)(1)
Upload a scan of each driver’s license, or send them a link to upload it from his or her smart phone. 49 CFR 391.33(b)
The certificate of driver’s road test issued to the driver (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
The employer must obtain and maintain copies of MVRs for every state the driver has held a license or permit over the last 3 years. And you must perform an annual MVR check. 49 CFR 391.23(b)
Employer must maintain a list of any violations over the previous 12 months. 391.25(a)
Employer must maintain documentation of annual driving record review. Check the MVR and keep a record that you checked it. Runs automatically for all active drivers. 391.25(c)(2)
Keep a copy of the MRO’s verified negative result for the Federal pre-employment drug test. It is a requirement for CDLs that they not be put to work until employer has received a negative result. Best practice is to keep this result with your DQ files as it WILL come up in an audit.
This is the page from the FMCSA drug policy that the driver signed when hired. Yes, you need an FMCSA-compliant written policy and you need a signed receipt from each driver in your files. It will likely be requested in the event of an audit, so it’s good practice to keep it with your DQ files. This is built into our Driver Application. 49 CFR 382.601
FMCSA Clearinghouse is a centralized online database containing records of DOT FMCSA drug and alcohol program violations. The searchable, real-time database allows (REQUIRES!) employers to screen and query commercial drivers for any violations of drug and alcohol program. 49 CFR 382.701
All drivers are required to receive training, with required certification by the motor carrier. All drivers with less than one year of commercial driving experience are required to complete training, which must be provided by the motor carrier covering four main topics.
FMCSA regulation 392 requires that drivers be trained prior to performing safety-sensitive functions. An auditor is likely to request this, so best to keep it with the DQ Files.
A person who is not physically qualified to drive under § 391.41(b)(1) or (2) and who is otherwise qualified to drive a commercial motor vehicle, may drive a commercial motor vehicle if FMCSA has granted a Skill Performance Evaluation (SPE) Certificate to that person. 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 391
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