FMCSA Compliance Checklist for 49 CFR § 391.21
If you hire commercial drivers, your DOT driver application is not just an HR form — it is a federally regulated compliance document.
Under 49 CFR § 391.21, motor carriers must ensure that specific information is collected on every driver’s application for employment before the driver operates a commercial motor vehicle (CMV).
Failure to include required elements can result in violations during an FMCSA audit or compliance review.
Official regulation:
https://www.ecfr.gov/current/title-49/section-391.21
Why 49 CFR § 391.21 Matters
During DOT audits, investigators routinely review:
- Driver qualification (DQ) files
- Employment applications
- Safety performance history documentation
An incomplete or non-compliant application can trigger violations under Part 391 — even if the driver is otherwise qualified.
For motor carriers, staffing companies, and owner-operators, using a compliant application is essential to avoid penalties and maintain audit readiness.
DOT Driver Application Checklist
(Based on 49 CFR § 391.21)
Below is a compliance checklist outlining what must be included on every DOT-regulated driver application.
1. Motor Carrier Identification
- Name and address of the employing motor carrier.
2. Applicant Identification Information
The application must collect:
- Full legal name
- Current address
- Date of birth
- Social Security Number (with limited exceptions)
3. Three-Year Address History
- All addresses where the applicant has resided during the preceding three years.
4. Date of Application
- The date the application is submitted.
5. CDL and Licensing Information
For each unexpired commercial driver’s license (CDL) or permit:
- Issuing state or licensing authority
- License number
- Expiration date
If the driver holds multiple CDLs or permits, all must be listed.
6. Driving Experience
The application must document:
- Nature and extent of experience operating motor vehicles
- Types of equipment operated (tractor-trailer, straight truck, bus, etc.)
7. Accident History (Previous 3 Years)
A list of all motor vehicle accidents, including:
- Date of accident
- Nature of accident
- Whether injuries or fatalities occurred
8. Traffic Violation History (Previous 3 Years)
- All violations of motor vehicle laws or ordinances
- Excludes parking violations
- Includes convictions or forfeiture of bond/collateral
9. License Denials, Suspensions, or Revocations
The application must include:
- A description of any denial, suspension, or revocation of driving privileges
OR - A statement that none occurred
10. Employment History (Previous 3 Years)
For each employer:
- Employer name and address
- Dates of employment
- Reason for leaving
- Whether the position was subject to FMCSRs
- Whether the role was safety-sensitive and subject to DOT drug and alcohol testing
11. Additional 7-Year Commercial Driving History (If CDL Required)
If the driver is applying for a CDL-required position, the application must also include:
- Employers for commercial driving positions during the 7 years preceding the most recent 3 years
- Employer name and address
- Dates of employment
- Reason for leaving
12. Driver Certification Statement
The application must contain a certification signed and dated by the applicant affirming that the information is true and complete.
Common Compliance Mistakes
During audits, we frequently see:
- Missing three-year address history
- No accident detail (only “none”)
- Incomplete violation history
- Missing certification signature
- Failure to document prior safety-sensitive employment
Even small omissions can result in violations under Part 391.
Best Practices for Motor Carriers
To stay compliant:
- Use a standardized DOT-compliant driver application
- Train staff on required elements under 49 CFR § 391.21
- Review every application before allowing a driver to dispatch
- Store completed applications in the Driver Qualification File
- Pair the application process with proper Safety Performance History investigations
Need a Compliant Driver Application?
If you manage DOT drug and alcohol testing programs or maintain Driver Qualification Files, your application must align with federal regulations.
We can help with:
- DOT-compliant driver application templates
- Driver qualification file management
- FMCSA audit preparation
- Drug & alcohol testing program administration
Contact us to ensure your hiring process meets federal requirements and passes inspection.