Motor carriers generate volumes of records as part of running a business. However, if you don’t know how long to retain specific documents, your recordkeeping could get out of control really fast.

One area where clean, concise records are necessary is the driver qualification (DQ) file. Motor carriers are expected to maintain files to help determine whether drivers can operate their commercial motor vehicles (CMVs).

Some documents in the DQ file are a part of the vetting process for new hires, while others ensure drivers continue to remain qualified by way of medical certification, licensing, and company standards.

In the event of an audit, you must present the required documents. Failing to maintain a DQ file could affect your safety rating and result in fines and penalties.

How Long Do You Keep New-Hire Records?

Many new-hire documents must be kept for the duration of employment plus an additional three years, at minimum. These records include:

• Driver-specific application

• Road test/certificate, or a copy of a CDL if using the exception in 49 CFR 391.33

• Safety performance history inquiries or documented good-faith efforts

• Initial motor vehicle record(s) (MVR) from each state in which the driver was licensed within three years of hire

What to Do with Recurring Documents

Other items in the file must be renewed/added on a regular basis, so keeping them longer than required could create an unwieldy file.

The following documents must be kept for a minimum of three years from the document date:

• Annual MVR

• Documented review of the annual MVR

• Medical examiner’s certificate for non-CDL holders

• MVR used to verify medical certification for CDL holders

• Documented verification of the medical examiner’s listing on the National Registry of Certified Medical Examiners

• Any medical exemptions or waivers, when applicable

The need for drivers to complete an annual list of their traffic violations was removed from the regulations on May 9, 2022. The minimum retention of this form is three years. This means you may have some annual lists remaining in your DQ files through May 8, 2025.

Maintaining Records After a Driver Leaves

When a driver leaves, the above retention periods still apply. Most carriers keep the entire DQ file for three years post-employment, rather than pull out expiring documents from a former driver’s file.

Extenuating Circumstances and Legal Considerations

Even though the FMCSA sets “minimum” retention periods, you may be called upon to retain some DQ file documents longer. For example, if a driver is involved in a serious crash, your attorneys may tell you to retain the driver’s file until the threat of litigation has passed.

Most attorneys want the file “frozen” as it was on the day of the crash, to indicate whether the driver should have been behind the controls of a CMV on the day of the accident. To mistakenly destroy evidence, including DQ file documents, might result in claims of “spoliation.”

Special Considerations About Purging Records

Those responsible for DQ file management must know how long to minimally retain DQ file documents based on regulatory requirements. In the event of a lawsuit, parties at the motor carrier should speak with their attorney before purging any driver records.