Key Regulation: 49 CFR §391.33(b)

Copy of Driver’s License Requirement for Driver Qualification Files

Under FMCSA regulations, motor carriers are responsible for ensuring that their drivers meet the requirements for safe operation of commercial motor vehicles (CMVs).

One of the required documents that must be maintained in the Driver Qualification (DQ) file is a copy of the driver’s license. This requirement is tied to 49 CFR §391.33(b), which addresses the equivalent of a road test when a driver presents a valid commercial driver’s license (CDL) or certificate.

Key Regulation: 49 CFR §391.33(b)

According to FMCSA:

If a driver presents a valid driver’s license or certificate that is accepted by the motor carrier as the equivalent of a road test, the motor carrier must:
Retain a legible copy of the license or certificate in its files
Place the copy as part of the driver qualification file

This ensures that proof of the driver’s licensing status and testing equivalency is pr

Practical Application for Motor Carriers

Motor carriers must ensure they:

Collect and retain a copy of each driver’s valid driver’s license (front and back if applicable).
Accept electronic uploads if available:
Drivers may upload a scan of their license directly.
Carriers may also send drivers a secure link for smartphone upload.
Confirm that the license:
Is valid and unexpired
Matches the driver’s qualifications and endorsements for the type of CMV being operated

Why This Requirement Matters

Serves as documented proof of driver qualification.
Ensures compliance when the CDL is used as a substitute for the road test.
Provides evidence during audits that the driver was properly licensed.
Protects carriers from liability if questions arise about driver eligibility.

Related FMCSA Guidance

Driver Qualification Files (DQ Files)

FMCSA requires carriers to maintain specific driver documents in a DQ file, including a copy of the CDL when used as road test equivalency.
Source: FMCSA – Driver Qualification File Checklist

Road Test Alternatives

A valid CDL is accepted as equivalent to a road test if it authorizes the driver to operate the vehicle type in question.
Source: 49 CFR §391.33 – Equivalent of Road Test (eCFR)

Official FMCSA Regulatory Reference

49 CFR §391.33(b) – Equivalent of Road Test

Driver Qualification File Management Made Easy

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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