(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:
(1) The driver's application for employment completed in accordance with Sec. 391.21;
(2) A copy of the motor vehicle record received from each State record pursuant to Sec. 391.23(a)(1);
(3) The certificate of driver's road test issued to the driver pursuant to Sec. 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 Sec. 391.33;
(4) The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry required by Sec. 391.25(a);
(5) A note relating to the annual review of the driver's driving record as required by Sec. 391.25(c)(2);
(6) A list or certificate relating to violations of motor vehicle laws and ordinances required by Sec. 391.27;
(7)(i) The medical examiner's certificate as required by Sec. 391.43(g) or a legible copy of the certificate.
(i) The medical examiner's certificate as required by Sec. 391.43(g) or a legible copy of the certificate.
(ii) Exception. For CDL holders, beginning January 30, 2012, if the CDLIS motor vehicle record contains medical certification status information, the motor carrier employer must meet this requirement by obtaining the CDLIS motor vehicle record defined at Sec. 384.105 of this chapter. That record must be obtained from the current licensing State and placed in the driver qualification file. After January 30, 2015 a non-excepted, interstate CDL holder without medical certification status information on the CDLIS motor vehicle record is designated ``not-certified'' to operate a CMV in interstate commerce. After January 30, 2015 and until June 22, 2018, a motor carrier may use a copy of the driver's current medical examiner's certificate that was submitted to the State for up to 15 days from the date it was issued as proof of medical certification.
(iii) If that driver obtained the medical certification based on having obtained a medical variance from FMCSA, the motor carrier must also include a copy of the medical variance documentation in the driver qualification file in accordance with Sec. 391.51(b)(8);
(8) A Skill Performance Evaluation Certificate obtained from a Field Administrator, Division Administrator, or State Director issued in accordance with Sec. 391.49; or the Medical Exemption document, issued by a Federal medical program in accordance with part 381 of this chapter; and
(9)(i) For drivers not required to have a CDL, a note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by Sec. 391.23(m)(1).
(i) For drivers not required to have a CDL, a note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by Sec. 391.23(m)(1).
(ii) Until June 22, 2018, for drivers required to have a CDL, a note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by Sec. 391.23(m)(2).
(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:
(1) The motor vehicle record received from each State driver licensing agency to the annual driver record inquiry required by Sec. 391.25(a);
(2) The note relating to the annual review of the driver's driving record as required by Sec. 391.25(c)(2);
(3) The list or certificate relating to violations of motor vehicle laws and ordinances required by Sec. 391.27;
(4) The medical examiner's certificate required by Sec. 391.43(g), a legible copy of the certificate, or for CDL drivers any CDLIS MVR obtained as required by Sec. 391.51(b)(7)(ii);
(5) Any medical variance issued by FMCSA, including a Skill Performance Evaluation Certificate issued in accordance with Sec. 391.49; or the Medical Exemption letter issued by a Federal medical program in accordance with part 381 of this chapter; and
(6) The note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by Sec. 391.23(m). (Approved by the Office of Management and Budget under control number 2126-004) [63 FR 33277, June 18, 1998, as amended at 69 FR 16721, Mar. 30, 2004; 73 FR 73127, Dec. 1, 2008; 75 FR 28502, May 21, 2010; 77 FR 24133, Apr. 20, 2012; 79 FR 2380, Jan. 14, 2014; 80 FR 22822, Apr. 23, 2015]