06 / HIRING AND DRIVER QUALIFICATION FILES
司机入职与资格档案Hiring and driver qualification files
入职调查、年度复核和档案保存是不同工作。把每项完成时间与证明材料分开记录，避免只收一张驾照就派车。Hiring inquiries, annual reviews and file retention are separate tasks. Track each deadline and supporting record instead of dispatching after collecting only a license.
入职调查、年度复核和档案保存是不同工作。把每项完成时间与证明材料分开记录，避免只收一张驾照就派车。Hiring inquiries, annual reviews and file retention are separate tasks. Track each deadline and supporting record instead of dispatching after collecting only a license.
适用于联邦 Part 391 覆盖的承运人与驾驶员资格档案，须同时核对 Subpart G 等适用例外。本文聚焦资格档案；药酒检测记录与 Clearinghouse 另按对应主题管理。For carrier driver-qualification files covered by federal Part 391, subject to Subpart G and other applicable exceptions. This topic covers qualification files; drug-testing records and Clearinghouse duties are addressed separately.
先弄清这几条要求Start with these requirements
先收完整并签署的驾驶员申请Obtain a completed, signed driver application
- 具体要求What the rule requires
- 除适用例外外，在安排驾驶前应有驾驶员填写并签署的就业申请，包含本条规定的信息。普通简历未必覆盖法定字段。Unless an exception applies, obtain the driver’s completed and signed employment application with the information required by this section before using the driver. A general résumé may omit required fields.
(a) (a) Except as provided in subpart G of this part, a person shall not drive a commercial motor vehicle unless he/she has completed and furnished the motor carrier that employs him/her with an application for employment that meets the requirements of paragraph (b) of this section.
(b) (b) The application for employment shall be made on a form furnished by the motor carrier. Each application form must be completed by the applicant, must be signed by him/her, and must contain the following information:
使用固定来源版次；适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
入职后的 30 天调查不能漏掉Complete the required hiring inquiries within 30 days
- 具体要求What the rule requires
- 承运人须调查此前三年的州驾驶记录，并调查规定的前雇主安全表现。驾驶记录按要求在入职后 30 天内放入资格档案（DQ file）；前雇主回复或善意联系尝试在规定期限内放入调查历史档案（driver investigation history file），不混为一份普通人员档案。保留驾驶员查看和更正调查信息的权利。The carrier must investigate the preceding three years of state driving records and the required prior-employer safety performance. Put the required driving records in the qualification file within 30 days of employment, and keep prior-employer responses or good-faith inquiry attempts in the driver investigation history file within the required period. Do not treat these as one ordinary personnel file; preserve the driver’s review and correction rights.
(a)(1) (1) An inquiry, within 30 days of the date the driver's employment begins, to each driver's licensing authority where the driver held or holds a motor vehicle operator's license or permit during the preceding 3 years, to obtain that driver's motor vehicle record covering that driver's prior 3-year driving history.
(a)(2) (2) An investigation of the driver's safety performance history with Department of Transportation regulated employers during the preceding three years.
(b) (b) A copy of the motor vehicle record(s) obtained in response to the inquiry or inquiries to each driver's licensing authority required by paragraph (a)(1) of this section must be placed in the driver qualification file within 30 days of the date the driver's employment begins and be retained in compliance with § 391.51. If no motor vehicle record is received from a driver's licensing authority required to submit this response, the motor carrier must document a good faith effort to obtain such information. The inquiry to a driver's licensing authority must be made in the form and manner each authority prescribes.
(c)(1) (c)(1) Replies to the investigations of the driver's safety performance history required by paragraph (a)(2) of this section, or documentation of good faith efforts to obtain the investigation data, must be placed in the driver investigation history file, after October 29, 2004, within 30 days of the date the driver's employment begins. Any period of time required to exercise the driver's due process rights to review the information received, request a previous employer to correct or include a rebuttal, is separate and apart from this 30-day requirement to document investigation of the driver safety performance history data.
使用固定来源版次；适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
每 12 个月查记录，也要完成安全资格复核Obtain records and review qualification at least every 12 months
- 具体要求What the rule requires
- 除适用例外外，至少每 12 个月向有关州查询驾驶记录，审查是否仍符合安全驾驶和资格要求。档案保留查询记录及复核人员、日期；仅下载 MVR 不等于已经完成复核。Subject to applicable exceptions, obtain the relevant state driving records and review continued safe-driving qualifications at least every 12 months. Keep the record and the reviewer/date notation; downloading an MVR alone does not complete the review.
(a) (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to each driver's licensing authority where the driver held a commercial motor vehicle operator's license or permit during the time period.
(b) (b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to § 391.15.
(c)(1) (c)(1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver's qualification file.
(c)(2) (2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver's qualification file.
使用固定来源版次；适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
档案不是离职当天就删除Retain the file beyond the last day of employment
- 具体要求What the rule requires
- 一般驾驶员资格档案须在任职期间及离职后保留三年。某些定期更新材料可在形成三年后移除，具体按 §391.51(d) 核对；不能把这项例外理解为整份档案满三年就删除。Generally retain the qualification file throughout employment and for three years afterward. Certain periodically renewed items may be removed three years after execution under §391.51(d); that does not authorize deleting the entire file after three years.
(a) (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.
(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:
使用固定来源版次；适用日期与例外以原文及历史沿革为准。Uses a fixed source edition; check the original and statutory history for operative dates and exceptions.
教学例子WORKED EXAMPLE
新司机入职后，把调查排进日程Schedule the follow-up work when a driver is hired
教学场景：小车队收到了新司机的申请和驾照，需要确定接下来还要做什么。Illustrative scenario: a small carrier has a new driver’s application and license and needs to organize the remaining work.
建立清单而不是堆照片Build a checklist, not a photo pile
列出申请、驾驶记录、前雇主调查、驾驶测试或可用替代、医疗资格等实际适用项目，分别标记完成情况。List the applicable application, driving record, prior-employer inquiry, road test or permitted equivalent, and medical qualification items, with separate completion states.
设置入职与年度节点Set hiring and annual dates
安排 30 天调查归档节点和之后每 12 个月的记录／资格复核，保存联系失败的真实尝试。Schedule the 30-day inquiry/file deadline and subsequent 12-month record and qualification reviews; retain genuine unsuccessful inquiry attempts.
“材料收齐”“调查完成”和“复核通过”不是同一状态。Documents received, inquiries completed and qualification reviewed are different states.
实际工作中，最容易弄错的地方Common mistakes in day-to-day work
“前雇主没回复，就不用留记录”“No reply means no record is needed”
条文允许记录规定的善意联系尝试，不等于可以跳过调查或不留痕。The rule permits documentation of specified good-faith inquiry attempts; it does not permit skipping the inquiry or its record.
完整原文与来源Full text and sources
法规原文 · 英文REGULATION TEXT · ENGLISH
司机求职申请应提供的信息§ 391.21 Application for employment.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
雇主对司机背景和记录的核查§ 391.23 Investigation and inquiries.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
每年查询与复核司机驾驶记录§ 391.25 Annual inquiry and review of driving record.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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法规原文 · 英文REGULATION TEXT · ENGLISH
车队应保存的司机资格档案§ 391.51 General requirements for driver qualification files.
官方来源快照；不代表已核对现行汇编及后续修订。请核对来源版本。Official-source snapshot; current consolidated law and subsequent amendments have not been verified.
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依据关联的官方原文及官方项目说明起草。中文和英文解读均为 CTAC AI 辅助工作稿，未经人工审核；教学案例不是实际会员记录。采集日期不是法规生效日期。Drafted from linked official texts and agency guidance. Both language interpretations are CTAC AI-assisted drafts pending human review; examples are illustrative, not member records. Capture dates are not legal effective dates.