Who needs a driver qualification file?

Updated October 12, 2026. This replaces an older one-sentence answer that omitted important applicability tests.

Short answer: A motor carrier subject to Part 391 must maintain a driver qualification (DQ) file for each driver it employs. The question is whether the vehicle and operation are covered—not simply whether the driver has a CDL or the vehicle has nine seats. See 49 CFR 391.51.

Check the federal CMV definition first

For a vehicle used on a highway in interstate commerce, 49 CFR 390.5 includes a vehicle that meets any of these tests:

• Its gross vehicle or combination weight or rating is 10,001 pounds or more, using the greater applicable value.
• It is designed or used to carry more than eight people, including the driver, for compensation.
• It is designed or used to carry more than 15 people, including the driver, even when not used for compensation.
• It transports hazardous material in a quantity requiring placards.

A nine-to-fifteen-person vehicle under the weight threshold is not automatically a federal CMV when operated without compensation. Confirm whether the trip is interstate commerce and whether a federal exception applies. State intrastate rules can differ.

Then build the right file

When Part 391 applies, the carrier—not the driver—owns the DQ-file duty. The required contents and retention rules are in § 391.51; they can include the driver application, licensing-record inquiries, road-test evidence or an allowed equivalent, annual record review, and medical-qualification evidence as applicable. Do not treat a CDL, a background check, or an applicant profile as a complete DQ file.

For help organizing and maintaining covered driver records, see LBC Fleet’s DQ-file management service. If this question came up because you are adding drivers, discuss available driver-hiring support separately. Confirm what recruiting or onboarding work LBC can actually provide; it does not change the carrier’s DQ-file duty.