49 CFR Part 391 Explained: Driver Qualification Standards

What Is 49 CFR Part 391?

Title 49 of the Code of Federal Regulations, Part 391, establishes the Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors. It is the primary federal regulation governing who can drive a commercial motor vehicle (CMV) and what documentation motor carriers must maintain.

If you operate a vehicle with a GVWR of 10,001 pounds or more, transport 9 or more passengers for compensation (8 or more if the driver is one of those passengers), or haul placarded hazardous materials — Part 391 applies to you.

Who Must Comply

Part 391 applies to motor carriers — companies or individuals engaged in interstate commerce who operate CMVs. Most regulations apply equally to for-hire and private carriers.

Note: Certain small carriers and intrastate operations may have limited exemptions, but most interstate CMV operations are fully covered.

Key Requirements Under Part 391

§391.11 — General Qualifications

A driver must:

• Be at least 21 years old for interstate commerce (18–20 for intrastate, with some exceptions)
• Be able to read and speak English
• Be able to safely operate the type of CMV they will drive
• Be physically qualified (pass DOT physical)
• Hold a valid CDL for the vehicle class
• Have successfully completed a road test

§391.21 — Application for Employment

The application must cover:

• 10-year employment history (not 7 — this is a common mistake)
• All traffic accidents in the past 3 years
• All traffic convictions and forfeitures in the past 3 years
• Whether the driver has been denied a license or had one revoked or suspended in the past 3 years

§391.23 — Investigation and Inquiry

Motor carriers must investigate each driver's background, including:

• Contacting all previous employers from the past 3 years to obtain employment verification and safety performance history
• Inquiring specifically about drug and alcohol testing violations for DOT-regulated previous employers
• Obtaining an MVR from each state where the driver was licensed in the past 3 years

§391.25 — Annual Review of Driving Record

Each carrier must review the driving record of every driver at least once every 12 months. The review must be documented.

§391.27 — Record of Violations

Each driver must provide the carrier with a list of all traffic violations from the past 12 months, or a statement that there were none. This must be kept in the DQ file.

§391.31-391.35 — Road Test Requirements

Before being placed in service, a driver must pass a road test using the type of CMV they will operate, or present a valid certificate from a previous employer or CDL skills test.

§391.41-391.49 — Physical Qualifications

Establishes the medical standards drivers must meet, and requires a current DOT medical examiner's certificate.

§391.51 — Driver Qualification File

Specifies exactly what must be in each driver's qualification file, retention periods, and who is responsible for maintaining it.

Recordkeeping and Retention

Most DQ file records must be retained for 3 years after the driver leaves the company. Drug and alcohol test results have their own retention requirements (5 years for positives).

Why Compliance Matters

Part 391 violations are the most commonly cited issues in FMCSA compliance reviews. Each missing document is a separate, citable violation. Patterns of non-compliance lead to unsatisfactory safety ratings, which can affect insurance costs and operating authority.

At Do It Right Screening, our compliance system is built around Part 391 requirements. We help motor carriers maintain complete, current DQ files for every driver. Contact us to get started.