Guide · FMCSA Part 391
Who needs a driver qualification file?
Every motor carrier must keep a driver qualification (DQ) file for each driver it employs (49 CFR 391.51) who operates a commercial motor vehicle (CMV) in interstate commerce. That includes many drivers who don't need a CDL. Here's how to tell who needs one.
General guidance on the US federal rules, not legal advice. Check the regulation and your state's rules for your operation.
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The short answer: anyone driving a CMV in interstate commerce
The federal safety rules apply to interstate commerce (390.3). Under 390.5, a vehicle used in interstate commerce is a commercial motor vehicle if it:
- Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 lb or more, whichever is greater; or
- Is designed or used to transport more than 8 passengers, including the driver, for compensation; or
- Is designed or used to transport more than 15 passengers, including the driver, not for compensation; or
- Transports hazardous materials in a quantity that requires placards.
If your driver operates a vehicle like that across state lines, or as part of an interstate trip, plan on a DQ file.
Non-CDL drivers usually need one too
The DQ file threshold (10,001 lb) is much lower than the usual CDL threshold (26,001 lb). So an interstate driver of a vehicle between 10,001 and 26,000 lb, without placarded hazmat, generally needs a DQ file but not a CDL (J.J. Keller explains the gap). Common examples:
- Box trucks and straight trucks
- Pickups pulling trailers (hotshot setups) where the combined rating reaches 10,001 lb
- Service and trades vehicles crossing state lines
Note that Part 382 drug and alcohol testing and the Clearinghouse apply to CDL drivers only, but the Part 391 DQ file still applies to non-CDL CMV drivers. For non-CDL drivers, the file holds a copy of the medical examiner's certificate and a note verifying the examiner is on the National Registry.
Owner-operators
Running under your own authority
If you hold your own USDOT number and authority, you're both the motor carrier and the driver, so you keep a DQ file on yourself. The definition of "employee" in 390.5 includes an independent contractor while operating a CMV.
Leased on to another carrier
If you drive under another carrier's authority, that carrier is responsible for your DQ file, the same as for its company drivers.
Intrastate drivers
Part 391 applies to interstate commerce. For drivers who stay within one state, the rules depend on that state. Many states adopt the federal rules for intrastate carriers, but some use different weight thresholds or exemptions. Check with your state's motor carrier enforcement agency.
Exceptions to know about
The federal rules list a number of exceptions. The main ones:
- General exceptions in 390.3(f): school bus operations; transportation by federal, state or local government; occasional transport of personal property not for compensation and not for a business; transporting human corpses or sick and injured people; fire trucks and rescue vehicles in emergencies; 9 to 15 passenger vehicles not used for direct compensation (when the vehicle isn't otherwise a CMV); and propane winter heating fuel or pipeline emergency drivers responding to an emergency.
- Part 391 exceptions in 391.2: farm custom harvesting operations, beekeeping (apiarian) transport, certain farm vehicle drivers, covered farm vehicles, and pipeline welding trucks.
- Limited exemptions in Part 391, Subpart G.
Some exceptions still keep certain rules in force, such as the drug and alcohol disqualification rules in 391.15(e) and (f). Read the exact text before relying on one.
Quick check: does this driver need a DQ file?
| Scenario | DQ file? | Why |
|---|---|---|
| Interstate box truck rated at 16,000 lb, no hazmat | Yes | Over 10,001 lb. A CDL isn't required, but a DQ file is. |
| Interstate pickup and trailer with a combined rating of 10,001 lb or more | Yes | The combination counts toward the threshold. |
| 15-passenger van carrying paying passengers across state lines | Yes | Designed or used for more than 8 passengers for compensation. |
| Owner-operator under their own USDOT authority | Yes, on themselves | They are both the carrier and the driver. |
| Owner-operator leased to a carrier | Yes, kept by that carrier | They drive under the carrier's authority. |
| Truck that never leaves one state | Depends on the state | Intrastate rules vary by state. |
| City or county government truck | Generally excepted federally (390.3(f)(2)) | State rules may still apply. |
General guidance only. Check the regulation and your state's rules for your exact operation.
What goes in the file
A DQ file holds the driver's application, MVRs, road test certificate or equivalent, medical certification, and annual MVRs and reviews. See the full DQ file checklist, sorted by deadline. If you're expecting an audit, read what happens in a DOT audit.
Hiring a driver? See the DOT pre-employment checklist.
Keeping DQ files with Orange Fleet
- Each driver who needs a file gets one DQ file in Orange Fleet.
- New hires come from Orange Fleet's online driver application, which moves through application review, HR approval, road test, medical and background check and becomes the DQ file once the driver is hired. Orange Fleet tracks those stages; you complete them with your usual providers.
- Automatic reminders go to both the driver and the fleet manager before DQ documents expire.
- Vehicle files and maintenance tracking sit in the same app.
DQ file management software, driver hiring software, DOT compliance software, see pricing.
Who needs a DQ file: FAQ
Who needs a driver qualification file?
Any driver a motor carrier employs to operate a commercial motor vehicle in interstate commerce, which generally means a vehicle rated at 10,001 lb or more, a passenger vehicle above the passenger limits, or a vehicle hauling placarded hazmat. The carrier keeps the file (49 CFR 391.51).
Do non-CDL drivers need a DQ file?
Usually yes. The DQ file threshold is 10,001 lb, while a CDL is usually needed from 26,001 lb, so many interstate drivers of vehicles between those weights need a DQ file without needing a CDL.
Does an owner-operator need a DQ file on themselves?
Yes, if they run under their own authority. They are both the motor carrier and the driver, so they keep the file on themselves.
Who keeps the DQ file for a leased owner-operator?
The carrier whose authority the owner-operator drives under.
Do intrastate drivers need a DQ file?
It depends on the state. Many states adopt the federal rules for intrastate carriers, sometimes with different weight thresholds or exemptions.
Does a 15-passenger van driver need a DQ file?
If the van carries passengers for compensation across state lines, yes, because a vehicle designed or used for more than 8 passengers for compensation is a CMV. Vans carrying 9 to 15 passengers not for direct compensation fall under a limited exception.
Do non-CDL drivers need drug testing or a Clearinghouse query?
Not under Part 382, which applies to CDL drivers. The Part 391 DQ file requirements still apply.
Are there exceptions?
Yes. See 390.3(f), 391.2 and Part 391 Subpart G. Some keep certain rules in force, so read the exact text before relying on one.
Related guides: DQ file checklist and what happens in a DOT audit.