01 / DRIVER QUALIFICATIONS
Driver qualifications
Start with the license, medical status, driver file, and drug and alcohol records to find the rules that fit your situation.
A driver is not cleared by a CDL alone. General qualifications, medical status, and required Clearinghouse queries should be checked together. A missing item can affect whether the driver may perform safety-sensitive work.
These are common entry points under 49 CFR Parts 391 and 382 for pre-driving review. Applicability, intrastate rules, qualification exceptions, exemptions, restrictions, and individual medical-certification periods still depend on the operation and current official sources.
Start with these requirements
A valid license is a starting point, not the whole qualification check
- What the rule requires
- For a driver covered by this rule, neither the driver nor the carrier may proceed unless the driver is qualified. Common checks include enough English to communicate with the public and officials, understand English traffic signs, and complete records, plus a currently valid commercial motor vehicle operator's license from only one State or jurisdiction. An unexpired license does not establish every qualification; next review medical status, disqualification, road-test or equivalent records, and any applicable exception.
(a) (a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in § 391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.
Read the full section (English)Be medically qualified first; 24 months is not automatic for everyone
- What the rule requires
- A person subject to the Part 391 medical rules is not medically qualified merely because an exam is scheduled. The general provision asks whether examination and certification occurred within the preceding 24 months; however, drivers limited to an exempt intracity zone, drivers covered by the insulin-treated diabetes or specified vision provisions, drivers whose physical or mental injury or disease impairs normal duties, and persons found medically unqualified under § 391.43(g)(3) must be examined on the applicable shorter cycle or reexamined as the section requires. Next check the actual certificate period, the State license record, and the applicable conditions in §§ 391.41, 391.43, 391.44, 391.46, and 391.62.
The following persons must be medically examined and certified in accordance with § 391.43 as physically qualified to operate a commercial motor vehicle:
(a) (a) Any person who has not been medically examined and certified as physically qualified to operate a commercial motor vehicle;
Read the full section (English)Clearinghouse: query before employment and at least annually
- What the rule requires
- For a driver subject to Part 382 testing who will perform safety-sensitive work, the employer must first conduct a full pre-employment query with the driver's specific consent and must query at least annually thereafter. A limited annual query only indicates whether information exists; it does not disclose the information or establish the full prohibition status. If information exists, the employer must conduct a full query within 24 hours or stop the driver from safety-sensitive work until the full result confirms no prohibition.
(a)(2) (2) The employer must conduct a full query under this section, which releases information in the Clearinghouse to an employer and requires that the individual driver give specific consent.
(b) (b) Annual query required. (1) Employers must conduct a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing under this part to determine whether information exists in the Clearinghouse about those employees.
Read the full section (English)WORKED EXAMPLE
Can a new driver be dispatched on day one?
A carrier has just hired a driver. Dispatch sees an unexpired CDL, but that begins the review; it does not finish it.
Review basic qualifications
Check license class, restrictions, and current status, plus English communication, sign comprehension, record entry, and the other § 391.11 qualifications.
Review medical status
Review the actual medical-certification period and State license record. If the certificate is shorter or health circumstances changed, check the specific provision.
Complete the query before dispatch
The employer obtains specific consent and completes the full pre-employment Clearinghouse query. Dispatch follows only when the result and remaining qualifications permit safety-sensitive work.
Check license qualification, medical qualification, and Clearinghouse status separately and keep the required records instead of relying on a verbal assurance.
Common mistakes in day-to-day work
Misunderstanding 1: An unexpired CDL always means the driver may drive
Section 391.11 also addresses English, experience or training, physical qualification, disqualification, and road testing, with exceptions and equivalent paths. Review current license status and the full qualification record together.
Misunderstanding 2: Every DOT medical certificate lasts two years
The general 24-month provision is not a guarantee for every driver. Section 391.45 also requires annual examinations for some drivers and reexamination in circumstances such as an injury or disease impairing normal duties. Check the actual certificate period and applicable provision rather than using another driver’s expiration period.
Misunderstanding 3: A limited query showing information can wait
A limited query does not disclose the underlying information. When it shows that information exists, the employer must complete a full query within 24 hours; otherwise the driver must stop safety-sensitive work until the full result confirms no prohibition.
Full text and sources
REGULATION TEXT · ENGLISH
§ 391.11 General qualifications of drivers.
§ 391.11 General qualifications of drivers.
- Source edition date
- 2026-10-08
- Captured
Edition noteOfficial-source snapshot; current consolidated law and subsequent amendments have not been verified.
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REGULATION TEXT · ENGLISH
§ 391.45 Persons who must be medically examined and certified.
§ 391.45 Persons who must be medically examined and certified.
- Source edition date
- 2026-10-08
- Captured
Edition noteOfficial-source snapshot; current consolidated law and subsequent amendments have not been verified.
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REGULATION TEXT · ENGLISH
§ 382.701 Drug and Alcohol Clearinghouse.
§ 382.701 Drug and Alcohol Clearinghouse.
- Source edition date
- 2026-10-08
- Captured
Edition noteOfficial-source snapshot; current consolidated law and subsequent amendments have not been verified.
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This page uses pinned official-source editions in the library; each full-text reader identifies its version date. On October 12, 2026, passages from §§391.11, 391.45 and 382.701 were reselected against the current library editions. Edition differences alone do not establish changes in legal requirements. Capture and consultation dates are not effective dates; check applicability to the actual operation. Chinese text is a CTAC explanation, not an official translation.