Guide · 49 CFR 391.21
DOT driver application: what 49 CFR 391.21 requires, plus a template
Every commercial motor vehicle driver must complete and sign an employment application on a form the motor carrier provides (49 CFR 391.21). FMCSA doesn't prescribe a form: you can design your own, as long as it contains at least the information listed in 391.21(b) (FMCSA guidance). FMCSA also publishes a sample driver employment application. Below is what the rule requires, the notices to give applicants, and a template outline to check your form against.
General guidance on the US federal rules, not legal advice. Check the current regulation text for your operation.
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What 391.21(b) requires
The application must be completed and signed by the applicant and must contain:
| # | The application must include | Rule |
|---|---|---|
| 1 | Name and address of the employing motor carrier | 391.21(b)(1) |
| 2 | Applicant's name, address, date of birth and Social Security number | 391.21(b)(2) |
| 3 | Every address the applicant has lived at in the 3 years before the application | 391.21(b)(3) |
| 4 | The date the application is submitted | 391.21(b)(4) |
| 5 | For each unexpired commercial motor vehicle operator's licence or permit: issuing authority, number and expiry date | 391.21(b)(5) |
| 6 | Nature and extent of driving experience, including the types of equipment operated (such as buses, trucks, truck tractors, semitrailers, full trailers and pole trailers) | 391.21(b)(6) |
| 7 | Every motor vehicle accident in the past 3 years, with the date, what happened and any deaths or injuries | 391.21(b)(7) |
| 8 | Every traffic conviction or bond forfeiture in the past 3 years, other than parking-only violations | 391.21(b)(8) |
| 9 | Details of any licence, permit or driving privilege denied, revoked or suspended, or a statement that none has been | 391.21(b)(9) |
| 10 | Employers in the past 3 years: name, address, dates, reason for leaving, and for each, whether the job was subject to the FMCSRs and whether it was a DOT safety-sensitive job subject to drug and alcohol testing | 391.21(b)(10) |
| 11 | CDL applicants only: employers in the 7 years before that for whom the applicant drove a CMV, with dates and reasons for leaving | 391.21(b)(11) |
| 12 | The certification statement, signed and dated by the applicant at the end of the form | 391.21(b)(12) |
The extra 7 years for CDL applicants
If the applicant is applying to operate a commercial motor vehicle that requires a CDL (a CMV as defined in Part 383), the application must also list the employers they drove a CMV for in the 7 years before the 3-year employment period, with dates of employment and reasons for leaving (391.21(b)(11)). That's 10 years of history in total. Non-CDL applicants list the 3 years only.
Two questions for each recent employer
For every employer in the 3-year list, the application must show:
- Whether the applicant was subject to the Federal Motor Carrier Safety Regulations in that job
- Whether the job was a safety-sensitive function in any DOT-regulated mode subject to drug and alcohol testing under 49 CFR Part 40
These answers tell you which previous employers to contact for safety performance history and drug and alcohol information when you investigate within 30 days.
Notices to give the applicant
Previous employers will be contacted (391.21(d))
Before the application is submitted, tell the applicant that the employment information they provide may be used, and their previous employers contacted, to investigate their safety performance history under 391.23.
Their rights over what previous employers send (391.23(i))
Drivers with DOT-regulated employment in the past 3 years must be told in writing, on the application form or another written document before any hiring decision, that they have the right to:
- Review the information previous employers provide
- Have errors corrected by the previous employer, and have the corrected information re-sent to you
- Have a rebuttal statement attached to information they say is wrong, if they and the previous employer can't agree
A driver can ask in writing to review the information at any time up to 30 days after being employed or told they weren't hired, and you must provide it within 5 business days of the request, or of receiving it if it hasn't arrived yet (391.23(i)(2)).
The certification statement
391.21(b)(12) requires this certification and signature line at the end of the application form, signed by the applicant:
"This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge."
Date: ____________________
Applicant's signature: ____________________
Can you ask for more?
Yes. A carrier may require more information than 391.21(b) lists (391.21(c)). Other federal and state employment laws can limit what you ask applicants and how you use the answers, so check those before adding questions.
DOT driver application template: section by section
Use this outline to build a new application or check an existing one. It follows the order of 391.21(b) and adds the notices.
| Section | What to include | Rule |
|---|---|---|
| 1. Carrier details | Your company's legal name and address | 391.21(b)(1) |
| 2. Applicant | Full name, current address, date of birth, Social Security number, and the date the application is submitted | 391.21(b)(2), (b)(4) |
| 3. Address history | Every address in the past 3 years | 391.21(b)(3) |
| 4. Licences and permits | For each unexpired licence or permit: issuing state or authority, number, expiry date | 391.21(b)(5) |
| 5. Driving experience | Equipment types driven and how much experience with each | 391.21(b)(6) |
| 6. Accident record | Each accident in the past 3 years: date, what happened, deaths or injuries (or "none") | 391.21(b)(7) |
| 7. Traffic convictions | Each conviction or forfeiture in the past 3 years, excluding parking (or "none") | 391.21(b)(8) |
| 8. Licence denials, suspensions and revocations | Details of each, or a statement that there have been none | 391.21(b)(9) |
| 9. Employment history: past 3 years | For each employer: name, address, dates, reason for leaving, subject to FMCSRs (yes/no), DOT-tested safety-sensitive job (yes/no) | 391.21(b)(10) |
| 10. CDL applicants: earlier CMV employment | CMV-driving employers in the 7 years before that: name, address, dates, reason for leaving | 391.21(b)(11) |
| 11. Notices | Previous employers will be contacted; the applicant's rights to review, correct and rebut | 391.21(d), 391.23(i) |
| 12. Certification | The required statement, date and applicant's signature | 391.21(b)(12) |
An outline to check your form against, not legal advice or an official form. FMCSA's sample driver employment application is a ready-made example.
Common gaps in driver applications
- The certification isn't signed or dated, or uses different wording
- A CDL applicant lists only 3 years of employment
- Missing reasons for leaving, or missing dates of employment
- No answer to the FMCSR and drug-and-alcohol-testing questions for each recent employer
- Licence entries without the issuing state, number or expiry date
- "None" sections left blank instead of answered
- No written notice of the applicant's rights over previous employer information
Where the application goes after hiring
The signed application is the first item in the driver qualification file (391.51(b)(1)), kept for the length of employment plus 3 years. For everything else the file needs, see the DQ file checklist. For the steps that follow the application, see the DOT pre-employment checklist.
Taking driver applications with Orange Fleet
- Orange Fleet's online driver application collects applications and moves each one through application review, HR approval, road test, medical and background check.
- Orange Fleet tracks those stages; you complete the road test, medical and background check with your usual providers.
- Once the driver is hired, the application becomes their DQ file, and automatic reminders go to both the driver and the fleet manager before DQ documents expire.
- Whatever form you use, check it against the 391.21 list above.
driver hiring software, DQ file management software, see pricing.
DOT driver application FAQ
What must a DOT driver application include?
Under 49 CFR 391.21(b): the carrier's name and address; the applicant's identity details and 3-year address history; the application date; licence details; driving experience; accidents and traffic convictions in the past 3 years; any licence denials, suspensions or revocations; employers in the past 3 years with the FMCSR and testing questions; for CDL applicants, 7 more years of CMV employers; and the signed certification.
Is there an official FMCSA driver application form?
No form is prescribed. Carriers can use their own form as long as it contains at least the 391.21(b) information. FMCSA publishes a sample application you can use as an example.
Do CDL applicants need 10 years of employment history?
Yes: all employers in the past 3 years, plus the employers they drove a CMV for in the 7 years before that.
Does a non-CDL driver need the 10-year history?
No. The extra 7 years applies to applicants for jobs driving a CMV that requires a CDL. Non-CDL CMV drivers still complete the rest of the application. See who needs a DQ file.
What notices must I give applicants?
Before the application is submitted, tell them previous employers will be contacted to investigate their safety performance history (391.21(d)). Drivers with DOT-regulated employment in the past 3 years must also get written notice of their rights to review, correct and rebut that information (391.23(i)).
What wording must the certification use?
"This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge." It goes at the end of the form, with the date and the applicant's signature.
Can I ask for more than the rule requires?
Yes, 391.21(c) allows it, but other federal and state employment laws may limit some questions.
Where does the application go once the driver is hired?
Into the driver's DQ file, as the first item listed in 391.51(b). In Orange Fleet, the application becomes the driver's DQ file once they're hired.
Related guides: DOT pre-employment checklist, DQ file checklist and who needs a DQ file.