Part 391 — Qualifications of Drivers
49 CFR Part 391: The federal minimum qualifications every commercial driver must meet before operating a CMV.
Selling a commercial truck? We buy nationwide, any condition, any DOT status.
Sell My TruckOverview
49 CFR Part 391 establishes the minimum qualifications that commercial motor vehicle drivers must meet and the documentation carriers must maintain for each driver they employ. It covers everything from minimum age and medical fitness to driving record checks, road testing, and the driver qualification (DQ) file that every carrier must maintain for every CMV driver.
Among the most practically significant requirements: drivers must hold a valid commercial driver’s license of the appropriate class and endorsements (per Part 383), must pass a DOT physical examination conducted by a certified medical examiner listed on the National Registry, and must provide the carrier with a complete 10-year employment history and three-year driving record at the time of hire. The carrier must verify this information and maintain the resulting DQ file.
The driver qualification file is one of the most commonly cited deficiency areas in FMCSA compliance reviews. Missing medical certificates, incomplete employment application files, or failure to conduct required background checks are frequent findings. Carriers that cannot produce complete DQ files for each driver face violations that directly affect their safety fitness rating under Part 385.
Key Provisions
- Requires drivers to be at least 21 years old for interstate commerce (18 for intrastate with some exceptions).
- Requires a current DOT medical certificate from a National Registry certified medical examiner.
- Carriers must obtain and verify a 10-year employment history and 3-year driving record for each new driver.
- Requires a road test or equivalent before a driver operates a specific CMV type.
- Carriers must maintain a complete driver qualification file for each CMV driver — a top compliance audit area.
Why It Matters to Truck Owners
Driver qualification files are the single most commonly found deficiency in FMCSA compliance reviews. A single driver with a missing medical certificate or incomplete employment application can trigger violations that hurt your safety fitness rating. When buying a trucking company or a truck with associated operating history, ask about the status of driver files — inherited compliance problems follow the operation.
Frequently Asked Questions
What must be in a driver qualification file under Part 391?
A DQ file must contain: the driver’s application for employment, motor vehicle record from each state where the driver held a license in the past 3 years, results of the background inquiry, certificate of road test or equivalent, annual driving record reviews, a copy of the driver’s current medical certificate, and documentation of any required waivers or exemptions.
How often must a DOT physical be renewed?
DOT medical certificates are valid for up to 24 months, but some drivers with certain medical conditions may be certified for shorter periods at the medical examiner’s discretion. Carriers must track expiration dates for every driver’s medical certificate and ensure drivers with expired certificates stop operating immediately.
Can a driver with a DUI conviction drive a commercial truck?
It depends on the specific conviction and timing. A first-time DUI conviction in a CMV triggers a one-year CDL disqualification (three years for hazmat vehicles). A second conviction results in lifetime CDL disqualification. A conviction in a personal vehicle also triggers disqualification periods for the CDL under Part 383.
Read the official legal text: 49 CFR Part 391 — eCFR.gov (official)
Related Federal Trucking Laws
- Part 382 — Drug and Alcohol Testing
- Part 383 — Commercial Driver’s License Standards
- Part 380 — Entry-Level Driver Training (ELDT)
- Part 395 — Hours of Service of Drivers
- Part 396 — Inspection, Repair, and Maintenance
This page is provided for informational purposes only and is not legal advice. Always verify current requirements at fmcsa.dot.gov or with a qualified transportation attorney.
Ready to Sell Your Commercial Truck?
No inspections. No compliance hassle. We buy trucks in any condition, in all 50 states.
Sell My Truck