(a) Each motor carrier shall maintain a driver qualification file for each driver it employs. A driver’s qualification file may be combined with his/her personnel file.

(b) The qualification file for a driver must include:

(b)(1) The driver’s application for employment completed in accordance with §391.21;

(b)(2) A copy of the response by each State agency concerning a driver’s driving record pursuant to §391.23(a)(1);

(b)(3) The certificate of driver’s road test issued to the driver pursuant to §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;

(b)(4) The response of each State agency to the annual driver record inquiry required by §391.25(a);

(b)(5) A note relating to the annual review of the driver’s driving record as required by §391.25(c)(2);

(b)(6) A list or certificate relating to violations of motor vehicle laws and ordinances required by §391.27;

(b)(7) The medical examiner’s certificate of his/her physical qualification to drive a commercial motor vehicle as required by §391.43(f) or a legible photographic copy of the certificate; and

(b)(8) A letter from the Field Administrator, Division Administrator, or State Director granting a waiver of a physical disqualification, if a waiver was issued under §391.49.

(c) Except as provided in paragraph (d) of this section, each driver’s qualification file shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter.

(d) The following records may be removed from a driver’s qualification file three years after the date of execution:

(d)(1) The response of each State agency to the annual driver record inquiry required by §391.25(a);

(d)(2) The note relating to the annual review of the driver’s driving record as required by §391.25(c)(2);

(d)(3) The list or certificate relating to violations of motor vehicle laws and ordinances required by §391.27;

(d)(4) The medical examiner’s certificate of the driver’s physical qualification to drive a commercial motor vehicle or the photographic copy of the certificate as required by §391.43(f); and

(d)(5) The letter issued under §391.49 granting a waiver of a physical disqualification.

(Approved by the Office of Management and Budget under control number 2126-004)

[35 FR 6460, Apr. 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 41 FR 36656, Aug. 31, 1976; 42 FR 37370, July 21, 1977; 45 FR 46424, July 10, 1980; 53 FR 18057, May 19, 1988; 59 FR 8752, Feb. 23, 1994; 59 FR 60323, Nov. 23, 1994; 60 FR 38745, July 28, 1995; 63 FR 33277, June 18, 1998; 69 FR 16721, March 30, 2004]