实时快讯
政策法规 现行有效美国跨境陆运

§ 391.51 General requirements for driver qualification files.

效力法规类型发布日期生效日期发文机构
现行有效部门规章2026-02-192026-03-23Code of Federal Regulations (CFR) - Transportation (Title 49)
发布02-19
生效03-23
摘要总结AI 辅助解读
本法规规定美国联邦机动车承运人(Motor Carrier)必须为每位受雇司机建立并维护驾驶员资格档案。核心要求包括:档案需包含就业申请、驾驶记录、路考证明或豁免文件、年度审查记录及医疗认证等8类关键材料。特别强调,自2015年1月30日起,无CDLIS医疗认证状态的州际CDL司机被视为“未认证”;且通过June 22, 2025过渡期后,对非CDL司机及特定情形下的CDL司机在National Registry查询验证的要求有所调整。档案需保留至雇佣结束后三年,部分临时性记录可在执行后三年移除。
官方原文
外文原文 · 可AI翻译 · 可溯源
  • (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 § 391.21;

- (2) A copy of the motor vehicle record received from each driver's licensing authority pursuant to § 391.23(a)(1);

- (3) The certificate of driver's road test issued to the driver pursuant to § 391.31(e), a copy of the license or certificate which the motor carrier accepted as equivalent to the driver's road test pursuant to § 391.33, or the original of the written statement providing that the motor carrier determined the driver is not required by § 391.44(d) to complete a road test pursuant to § 391.44(d)(3)(ii)(A) and the original, or a copy, of the driver's certification required by § 391.44(d)(3)(i);

- (4) The motor vehicle record received from each driver's licensing authority to the annual driver record inquiry required by § 391.25(a);

- (5) A note relating to the annual review of the driver's driving record as required by § 391.25(c)(2);

(6)(i) The medical examiner's certificate as required by § 391.43(g) or a legible copy of the certificate.

- (ii) 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 § 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 through June 22, 2025, 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 paragraph (b)(7) of this section;

- (7) A Skill Performance Evaluation Certificate issued by FMCSA in accordance with § 391.49; or the Medical Exemption document issued by a Federal medical program in accordance with part 381 of this chapter; and

(8)(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 § 391.23(m)(1).

- (ii) Through June 22, 2025, 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 § 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 driver's licensing authority to the annual driver record inquiry required by § 391.25(a);

- (2) The note relating to the annual review of the driver's driving record as required by § 391.25(c)(2);

- (3) The medical examiner's certificate required by § 391.43(g), a legible copy of the certificate, or, for CDL drivers, any CDLIS MVR obtained as required by paragraph (b)(6)(ii) of this section;

- (4) Any medical variance issued by FMCSA, including a Skill Performance Evaluation Certificate issued in accordance with § 391.49; or the Medical Exemption letter issued by a Federal medical program in accordance with part 381 of this chapter; and

- (5) The note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by § 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 66 FR 49874, Oct. 1, 2001; 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; 83 FR 28782, June 21, 2018; 84 FR 51434, Sept. 30, 2019; 86 FR 32651, June 22, 2021; 86 FR 57076, Oct. 14, 2021; 87 FR 3419, Jan. 21, 2022; 87 FR 13209, Mar. 9, 2022]
§
免责声明:以上内容通过公开渠道搜集整理,仅供业界参考与内部交流使用,不构成任何形式的商业决策指导或法律建议;实际执行标准请以官方机构发布的最新原文及主管部门解释为准。 摘要、条款解读与影响分析内容由 AI 辅助生成,仅供参考,不构成法律意见;原文更新后解读将同步重新生成。