The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies in Michigan and throughout the country to maintain a Driver Qualification File for each of their drivers and sets forth what must be included in those records
In the past, I was interviewed by the Michigan Lawyers Weekly newspaper about a truck accident trial verdict that I’d won for my clients which was ultimately affirmed by the Michigan Court of Appeals. One of the key points I made to the reporter was that most attorneys who litigate truck accident injury cases are missing the negligent hiring and negligent entrustment claims. The reason: They aren’t doing their legal homework and going through the driver qualification file of the truck drivers who injured their clients.
What is a Driver Qualification File?
Under Federal Motor Carrier Safety Administration regulations, trucking companies are required to maintain a Driver Qualification File (DQF) for drivers operating commercial vehicles with a gross vehicle weight rating/gross vehicle weight of 10,001 pounds or more, or transporting hazardous materials. (49 CFR §391.51)
What documents are required in a Driver Qualification File?
At a bare minimum, the following documents are required in a driver qualification file (49 CFR §391.51(b)):
- The truck driver’s application for employment;
- The truckers motor vehicle record;
- A copy of the driver’s road test/certification (or a copy off a road test certificate if it is less than three years old);
- A photocopy of the trucker’s commercial driver’s license (CDL);
- The background investigation performed by the trucking company; and
- A medical examiner’s certificate.
Who is required to maintain a DQF?
In Michigan, trucking companies and motor carriers are required to maintain a Driver Qualification File (DQF) for each commercial driver they employ. Under Federal Motor Carrier Safety Administration regulations (49 CFR § 391.51), the responsibility for maintaining the file belongs to the motor carrier, not the driver. This requirement generally applies to companies operating commercial motor vehicles in interstate commerce, including trucks with a gross vehicle weight rating (GVWR) of 10,001 pounds or more, vehicles transporting hazardous materials, and certain passenger-carrying vehicles.
Owner-operators may also be required to maintain their own DQF if they operate under their own motor carrier authority. The DQF must contain important records used to confirm that a driver is legally qualified to operate a commercial vehicle, including employment applications, driving records, medical certifications, and annual safety reviews. Failure to properly maintain these files can result in FMCSA penalties and may create liability issues after a truck accident.
Why FMCSA regulation §391.51 is important
The driver qualification file regulation was put in place to prevent the hiring unsafe truck drivers who can be paid less than a driver with an excellent safe driving history, which is a perverse financial incentive for many companies to skip this regulation entirely.
Why the FMCSA regulation §391.51 is important for lawyers
Having access to the Driver Qualification File is one way truck accident lawyers in Michigan and throughout the country determine whether a trucking company followed required federal safety regulations and properly qualified its drivers. The DQF often provides key insight into what type of background check or investigation the transportation company conducted before placing a driver behind the wheel of an 80,000-pound commercial vehicle.
I’ve personally found from litigating these cases that motor carrier companies that are safe and care about safety will do a much more thorough background check before entrusting an 18-wheeler to a trucker who has a bunch of accidents on his driving record, for example.
Safe companies make sure truckers do not have serious traffic violations (like speeding, or reckless driving, etc.) and have not failed drug tests. They make sure the truckers they hire have proper credentials before even getting on the road.
Related to this, teamsters and other unions do a great job of protecting truck drivers from abuse, and rewarding safe drivers. This is one example of a success story of companies and unions working together where the public benefits directly. And safer truck drivers are paid more fair wages, and they’re protected from the kinds of pressure I often see as an attorney when they testify how they were forced to drive over service hours, or to skip inspections, or commit other safety violations by the company or the company’s safety director.
There will be a lot of information that can substantiate amending a lawsuit to add counts for punitive damages, or for negligent hiring and entrustment.
But first, lawyers who litigate these cases need to look.
How can errors in a DQF impact liability?
Errors in a Driver Qualification File (DQF) can significantly increase liability for trucking companies and commercial operators in Michigan after a crash. Under Federal Motor Carrier Safety Administration (FMCSA) regulations, motor carriers are required to maintain accurate qualification records for drivers operating commercial motor vehicles. Missing documents, expired medical certificates, incomplete driving histories, lack of annual reviews, or failure to verify prior employment can all suggest that a trucking company failed to properly screen or monitor a driver. When a serious collision occurs, these violations may be used as evidence of negligent hiring, negligent supervision, or negligent retention.
In Michigan truck accident litigation, problems within a Driver Qualification File can also strengthen an injured person’s claim for damages by showing a pattern of safety noncompliance. For example, if a trucking company allowed a driver with a suspended license, prior safety violations, or disqualifying medical conditions to continue operating a commercial vehicle, the company may face increased exposure to liability. Attorneys often review the DQF to determine whether the carrier violated federal safety regulations or ignored warning signs that could have prevented the crash. In some cases, DQF violations may support claims for additional damages or help establish fault against the trucking company.
What are common DQF violations?
In Michigan, common Driver Qualification File (DQF) violations in truck accident cases often involve missing, incomplete, or outdated records required under Federal Motor Carrier Safety Administration (FMCSA) regulations. Some of the most frequent violations include failing to obtain a driver’s motor vehicle record (MVR), missing annual driving record reviews, expired medical examiner’s certificates, incomplete employment applications, and failure to verify a driver’s prior safety performance history. Trucking companies may also violate federal regulations by allowing drivers with suspended licenses, disqualifying medical conditions, or serious driving violations to continue operating commercial vehicles.
In auto crash litigation, these DQF violations can become important evidence showing that a transportation company failed to properly hire, supervise, or monitor its operators. For example, if a carrier ignored prior crashes, failed drug or alcohol tests, or a history of unsafe driving that should have appeared in the file, attorneys may argue the company acted negligently. Missing or inaccurate DQF records can also raise concerns about broader safety compliance problems within the transportation company and may increase liability exposure after a serious commercial vehicle crash.
How Long Do Trucking Companies Have To Keep Driver Qualification Files In Michigan?
In Michigan, under Federal Motor Carrier Safety Administration regulations, trucking companies and motor carriers are required to keep a Driver Qualification File (DQF) for the entire length of a commercial operator’s employment and for three years after the operator leaves the company. Specifically, 49 CFR § 391.51(c) states that the motor-carrier employer “shall maintain records required by this subpart for each driver it employs” during employment and for three years afterward. This requirement helps ensure that carriers maintain accurate records showing a driver’s qualifications, driving history, medical certification, and compliance with federal safety regulations.
Maintaining a DQF for this period is important because these records may later become evidence in a truck accident investigation or lawsuit. If a trucking company destroys, loses, or fails to maintain required DQF documents, it may face FMCSA penalties and increased liability exposure. In auto crash injury and wrongful death cases, attorneys often review the DQF to determine whether the motor carrier properly screened, monitored, and retained qualified commercial operators.
Why choose truck accident lawyers at Michigan Auto Law to review the Driver Qualification File after a serious crash?
Michigan Auto Law is uniquely qualified to handle Driver Qualification Files in commercial semi truck accident cases due to our specialized focus on motor vehicle crash cases for more than 50 years and having proven record of results, including the largest tractor-trailer crash settlement for an attorney in the state. We are the only firm in the state with more than one lawyer Board Certified in Truck Accident Law by the National Board of Trial Advocacy—the highest designation for skill and experience in this area. Leadership within the firm includes Steven Gursten, a past-president of the American Association for Justice Truck Accident Litigation Group and one of only three attorneys nationwide to receive its Hall of Fame Award for commercial truck crash litigation.
This level of experience is especially important when reviewing a Driver Qualification File after a serious truck accient, because these records often reveal whether a transportation company followed federal safety rules or put unsafe drivers on the road. Our law firm focuses exclusively on auto crash cases, including complex commercial vehicle litigation, and brings deep No-Fault law expertise that most firms do not have. Clients work directly with our experienced attorneys who handle every aspect of the case, from insurance company negotiations to evidence review, including the DQF. With over 3,000 5-star reviews and a history of record-setting settlements, our firm is trusted to identify critical violations that can impact liability and maximize recovery for injured clients.
Injured In A Semi-Trailer Crash? Call now for a free consultation.
If you were injured in a truck accident and wondering how the driver qualification file may impact your case, call now (800) 968-1001 for a free consultation with an experienced truck accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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