Driver qualification files stump many safety and compliance managers, which lead to DOT violations and hefty fines. But these consequences can be avoided. As a company regulated by the Federal Motor Carrier Safety Administration (FMCSA), you must maintain specific files on all your drivers — federal law requires it. Still, many companies continue to rack up violations and hefty fines because their driver qualification files aren’t complete or up-to-date. In fact, many violations result because companies don’t maintain fully compliant driver files — whether due to oversight, clerical error, because their drivers withhold information, or simply because they aren’t up to speed on the many Federal Motor Carrier Safety Administration (FMCSA) rules and regulations. No matter if you’re operating a fleet or running as an owner-operator, compliance is your priority No. 1, and maintaining complete driver files is a crucial element to this. Below are the most significant (and common) driver file infractions that you always want to avoid. The Top 5 Driver Qualification File Violations #1: Driving a Commercial Motor Vehicle while Disqualified It should go without saying that drivers should not get behind the wheel — ever — if they are disqualified from doing so due to various convictions. Yet this remains a top driver file violation. This is because a motor carrier is held liable whether or not a driver notifies them of a conviction or violation (even though, per law, drivers are required to tell their employers about revocations, suspensions, or withdrawals immediately upon receiving notice). Per federal regulation, you are on the hook either way: “So long as a motor carrier knows, or should have known, about a driver’s conviction for a disqualifying offense, it is prohibited from using the driver during the disqualification period.” Drivers are considered disqualified if their offense was committed during on-duty time and they were employed by a motor carrier engaged in commercial interstate, intrastate, or foreign commerce. Offenses that automatically disqualify drivers from driving vary in duration and are also based on their number of previous offenses. Some examples include: Driving a CMV with an alcohol concentration of .04 percent or more. Driving a CMV under the influence of a Schedule I-identified controlled substance, amphetamine, or other narcotic drug. Refusing to undergo alcohol testing as required by state or jurisdictional law. Leaving the scene of an accident while operating a CMV. For all of the above: Drivers are disqualified for at least 1 year for the first offense; and at least 3 years for subsequent offenses. Additional reasons for disqualification: Texting while driving a CMV. Using a hand-held device while driving a CMV. For both of the above: Drivers are disqualified for 60 days if they have two violations within a 3-year period; or for 120 days if they have three or more violations in a 3-year period. #2: Using a Physically Unqualified Driver All DOT-regulated drivers operating a vehicle weighing at least 10,001 pounds must meet the requirements to receive a medical card. This means they must have a DOT physical exam once every two years. These are conducted by certified medical examiners who perform general physical exams — looking at a driver’s eyes, heart, lungs, abdomen, and spine, for example — while also assessing their medical history and prescribed medications. Drivers deemed medically fit for duty are then issued a DOT medical card that is valid for two years. However, some medical conditions may disqualify drivers from operating a CMV, or may require more frequent monitoring/exams (which examiners will specify). #3: Not Keeping Inquiries into Driving Records in a Driver Qualification File Upon employing a driver, all motor carriers must investigate, document, and retain that driver's employment safety performance history for the previous three years. This involves contacting previous employers, and the history must include, at minimum: Any accident and accident details (where possible). Any alcohol or controlled substance prohibition violations. General driver identification and employment verification information. Companies must also run Motor Vehicle Reports (MVRs) in all states where drivers have held CDLs or permits for the previous three years. From then on, carriers must continue to obtain updated MVRs annually and closely review them to determine that drivers have had no disqualifying offenses. All of these inquiries into a driver’s safety performance history must be closely documented and retained for the length of employment and for three years thereafter. Critically, they must be kept in a secure — that is, under a lock and key — location. #4: Failing to Maintain a Driver File on Each Driver This is a basic notion. All companies must compile, maintain, and update a Driver Qualification File (DQF) for every driver. These must contain: Driver’s application for employment. Inquiries to previous employers for safety performance history. Inquiries to state agencies for a driver’s MVR and carrier’s annual review of record. Annual driver’s certification of violations. Driver’s road test certificate or equivalent. Medical examiner’s certificate. Inquiry about drug and alcohol tests. #5: Not Keeping a Medical Certificate in a Driver File As noted above, drivers must pass medical exams and be issued medical examiner’s certificates before they can legally operate a CMV. These must be kept in their driver file and updated every time they are issued new or modified certificates. The Ongoing Benefits of Digital DOT Driver Files Violations can be costly, and they can also impact your company’s Compliance, Safety, and Accountability (CSA) scores. The best way to ensure safety and compliance is to keep tabs on your driver files (and your drivers). Switching to a digital solution can make this much easier. With Dash, the Foley platform, you can convert all your files to digital (if you haven’t already), and then help manage upcoming deadlines such as CDL and medical card expiration dates. All your files are then kept in a secure, easy-to-access location on any mobile device. Don’t get caught off guard during annual reviews or when DOT auditors come calling. Stay compliant by contacting Foley today!

The FMCSA hours of service (HOS) regulations are a complex set of rules to ensure drivers of large vehicles aren't too tired or overworked to drive safely.

Every 12 months, employers must obtain an updated Motor Vehicle Report (MVR) for each CDL driver to ensure they are qualified to drive a commercial motor vehicle. This MVR check will show a record of all moving violations, accidents, and license suspensions and revocations. During this process, you must consider the following: Did the driver violate any hazardous materials regulations? Did the driver violate any motor vehicle laws that show a general disregard for public safety? This may include drug and alcohol violations, speeding, or reckless driving. This annual MVR must be placed in the driver qualification file along with a note showing the name of the person who performed the annual review and the date the review occurred. Reminder: Annual List of Driving Violations Eliminated by FMCSA According to an FMCSA final ruling passed on May 9, 2022, CDL drivers are no longer required to submit an annual list of moving violations to their employer. Employers are still required to retain the Record of Violations documents collected before May 9, 2022, and keep them for three years from the original document date, unless otherwise clarified by FMCSA. Automatically Comply with Annual Motor Vehicle Record Checks with MVR Monitoring Not only does an MVR monitoring program help you track your drivers' habits behind the wheel by alerting you to new violations and accidents, but it also fulfills your annual MVR check requirement. Don't worry about what your drivers are doing behind the wheel, or missing your annual motor vehicle record check deadline! Click here to schedule a call with our DOT compliance specialists or fill out the form below to see how MVR monitoring can make your job easier.

Filing a DOT number application gets you on track toward meeting DOT recordkeeping requirements. At first glance, understanding and dealing with DOT regulations and DOT recordkeeping requirements seems complicated.

If you've never filed a Unified Carrier Registration (UCR) for your business, it’s important for you to file right away. Unregistered motor carriers who cross state lines without a UCR could be fined and have their trucks pulled off the road. But who needs a UCR filing? And what if you live in a state that doesn’t participate? Keep reading to find out what you need to know to be compliant. What is a UCR registration? UCR stands for Unified Carrier Registration. It is a federally mandated system for registering operators of commercial vehicles who are involved in interstate and international travel. This annual UCR filing must be renewed by December 31 each year. Registration for the upcoming year begins on October 1. Who needs a UCR filing? Any motor carrier who drives a commercial vehicle carrying cargo over state or international lines needs to file a UCR. Individuals and companies who make arrangements for the shipment of goods, such as brokers, freight forwarders, and leasing companies are also subject to the UCR fee. For motor carriers, the cost of the UCR filing fee is dependent on the total number of vehicles in a fleet. Brokers and leasing companies are required to pay the lowest fee to register. What happens if you don’t get a UCR registration? If you don’t pay for the UCR, and you or your drivers are caught driving over state lines, enforcement officials could detain your vehicles. Plus, you could be required to pay additional fines and penalties. Depending on which state you’re from, the fine could be anywhere from $100 to $5000 for first-time offenders. What if my state doesn’t participate in UCR registration? Currently, 41 states in the US are participating in the UCR program. The following states are not participating: Arizona, Florida, Hawaii, Maryland, Nevada, New Jersey, Oregon, Vermont, Wyoming, and the District of Columbia. If your state of residence doesn’t participate in the UCR program, that doesn’t mean you’re off the hook. Any motor carrier who travels over state lines is required to purchase a UCR registration. If you live in a state that doesn’t participate, you are required to purchase a UCR filing in the nearest participating state. File Your 2025 UCR Registration with Foley Now Need to file a UCR? Foley can help make the process simple. Click here or call 860-530-6310 and we’ll take care of the registration process for you before UCR enforcement starts in 2025!

Starting a new trucking company or becoming an owner-operator involves countless considerations, from business and profit management to DOT compliance.

What does a positive drug test mean for you and your employee? Things can get complicated if a non-negative drug test result comes from any of your employees – especially for companies regulated by the Department of Transportation (DOT). The DOT has strict regulations regarding the steps you need to take after this occurs. If the positive result comes from a pre-employment drug test, you cannot allow the employee to operate a commercial motor vehicle (CMV) for your company. You must have a negative drug test result in the driver qualification file for every employee in order to operate compliantly and meet DOT recordkeeping requirements. So, what does a positive drug test mean and what happens next? Let’s go over a few scenarios that may apply to your employee’s specific situation, such as... They say the result is a false positive They admit to using drugs They refuse to take a drug test They take prescription medication and are afraid to take a test They need to go through the return-to-duty process What if I received a positive drug test result, but the employee says it’s a mistake? This is a common claim that employers encounter after receiving a non-negative drug test result, which is why it’s important to understand the measures the DOT has in place to address this argument: After a drug test is taken, the urine sample is split into two separate vials – vials A and B – which are shipped to a laboratory. The laboratory tests vial A. If drugs are detected, the specimen goes under further testing to confirm the presence of drug metabolites and is eventually reported to a DOT Medical Review Office (MRO) as positive for at least one controlled substance. Once the MRO receives a positive laboratory result, a “medical review” takes place. This review consists of the following steps: 1. A DOT-qualified physician – the Medical Review Officer – attempts to contact the employee in order to conduct an interview. 2. During the interview, the MRO will determine if there is a valid medical explanation as to why the specimen may have tested positive (such as prescribed medications). 3. If the MRO determines there is no medical explanation, they will offer the employee the option to have Vial B tested (as described above) in order to verify there were no errors made. After the medical review process is complete, the result is reported to the employer as a verified positive. If the MRO is unable to reach the employee to conduct the interview after a minimum of three contact attempts have been made, the result will report to the employer as a “non-contact positive.” What happens if the employee agrees to split-specimen testing? The employee must make the split-specimen test request to the MRO within 72 hours. At that time, vial B will be shipped to a laboratory for testing. This cannot be the same laboratory used to analyze the first sample. What if my FMCSA-regulated driver admitted to me that they use drugs? This is what’s known as “Actual Knowledge,” and it has the same consequences as a positive result. If you are regulated by a DOT agency other than the FMCSA, such as the Federal Aviation Administration (FAA), Pipeline and Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), or Maritime Administration (MARAD), please call Foley at 800-253-5506 for assistance. One of my employees refused to take a required drug test. Now what? This is known as “Refusal to Submit.” It involves the same consequences as a positive result. What if I have an employee who is on prescribed medication and doesn’t want to test for fear of the result being positive? This is another common scenario, but thanks to the medical review process, it shouldn’t be a concern. If during the MRO interview the employee states that they are taking prescribed medication, they will be given the opportunity to provide proof of the prescription to the MRO. Once a valid prescription is received, and it is determined that the employee is using the medication as prescribed, the result will be reported as a verified negative to the employer. An employee who has been prescribed medication may be required to obtain a note from their physician that the medication will not affect their ability to perform safety-sensitive functions. What if I have an employee that needs to go through the DOT return-to-duty process? As you might expect, if an employee does test positive, the process they must complete prior to resuming safety-sensitive functions is not usually a quick one. This process consists of the following steps: An initial Evaluation with a DOT-qualified Substance Abuse Professional (SAP) – This face-to-face interview will determine the course of action the employee must take. Education/Treatment – The employee must comply with the SAP’s recommendations. This could be anything from attending several group meetings to in-house rehabilitation. Follow-Up Evaluation – This must take place with the same SAP who conducted the initial evaluation and will determine whether the employee has satisfied the recommendations. DOT Return-to-Duty Drug Test – When this test comes back negative, the individual may resume safety-sensitive functions. It must be completed under direct observation, meaning a person of the same sex must accompany him or her during the collection process. DOT Follow-Up Testing – The SAP will provide the employer with a schedule of follow-up tests, in which a minimum of six unannounced tests conducted under direct observation are to be scheduled over at least a 12-month period. This process may continue for up to five years. A non-negative drug test result can be a stressful experience for both the employee and you, the employer. Following these steps will ensure you meet DOT regulations while keeping the safety of your company at the top of your list of priorities. Trust Foley for DOT Drug Testing Done Right If you need additional support throughout the drug testing process, turn to a trusted third-party administrator (TPA) like Foley for a DOT-compliant drug and alcohol testing program. We’ll take care of pre-employment, random, post-accident, return-to-duty, and reasonable suspicion drug tests. Foley also manages all the DOT recordkeeping requirements that go along with these tests. Our nationwide network of collection sites makes it easy for your drivers to find a convenient location along their routes. Ready to make drug testing drivers easier for yourself? Get a FREE demo of Foley’s drug and alcohol testing software today by filling out the form below.

Heavy snowfall and UCR enforcement are on their way in 2025. Are you prepared? It’s (almost) the most wonderful time of the year! In many areas across the US, temperatures are dropping, and snow is starting to fall. Do you know the ice and snow removal laws for your state?

A new regulation in the FMCSA Drug and Alcohol Clearinghouse is now in effect, revoking driving privileges from some commercial drivers. Starting today, November 18, 2024, drivers listed as "prohibited" in the FMCSA Drug and Alcohol Clearinghouse due to reported violations will face a denial or revocation of their commercial driver’s license (CDL) or commercial learner’s permit (CLP).

Thu. December 12 | 2PM ET

The FMCSA has been known for cracking down on companies that violate its strict federal regulations.

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The FMCSA’s seven Behavior Analysis and Safety Improvement Categories (BASICs) each have unique recordkeeping requirements.

One of the many requirements you need to fulfill as a trucking company is creating and maintaining DOT driver files.

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If you employ drivers to operate commercial vehicles, you must run specific background checks according to federal regulations.

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All CDL and CLP drivers with “prohibited” statuses in the FMCSA Drug and Alcohol Clearinghouse will lose their driving privileges once the new Clearinghouse-II regulation comes into effect.

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When a commercial driver is enrolled in the DOT return-to-duty process, their employer must report specific information to the FMCSA Drug and Alcohol Clearinghouse. Many employers will be enrolling prohibited CDL/CPL drivers in the RTD process now that the FMCSA Clearinghouse-II is in effect and revoking the commercial driving privileges of drivers with DOT drug and alcohol violations. In this guide, we walk you through the step-by-step process of all the RTD reporting requirements you must meet if your drivers have been impacted by the new Clearinghouse-II.

The 2025 Unified Carrier Registration (UCR) renewal window is now open.

Starting this year, State Driver Licensing Agencies (SDLAs) will revoke commercial driver’s licenses (CDLs) or commercial learner’s permits (CLPs) based on drivers' statuses in the FMCSA Drug and Alcohol Clearinghouse.

When you run queries on your drivers in the FMCSA Clearinghouse, you may see many different statuses produced throughout the process. What are the statuses, what do they mean, and what actions do you need to take for each one?

Your Compliance, Safety, and Accountability (CSA) score is determined by how well your drivers and company represent DOT compliance and roadway safety.

The DOT Clearinghouse has been in effect since January 2020. You’d think by now that everyone would have it figured out, right?

The Federal Motor Carrier Safety Administration (FMCSA) is passing a new regulation in the Drug and Alcohol Clearinghouse this year, known as the Clearinghouse-II.

Due to a new federal regulation coming into effect this year, State Driver Licensing Agencies (SDLAs) will revoke the commercial driver’s licenses (CDLs) or commercial learner’s permits (CLPs) depending on drivers’ statuses in the FMCSA Drug and Alcohol Clearinghouse.

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In this customer video, Bob Hickey talks about how partnering with Foley has helped their business reduce their risk exposure when it comes to compliance and insurance.

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In this customer video, Diana Cooley talks about the benefits she has seen with Foley's Drug and Alcohol Testing, Clearinghouse, Audit Risk Monitor, and Customer Support.

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Streamlining Fleet Management and Improving Compliance: Pet Food Experts' Success with Foley Pet Food Experts, a family-owned distributor of pet food and supplies, faced challenges in managing their fleet of 95 drivers. They needed a cost-effective solution that offered more than just compliance and fleet management features.

Foley streamlined compliance and onboarding so AERO BridgeWorks is audit-ready. AERO BridgeWorks started with manual paper files and reviewing a driver file required the team to look through 3–4 separate locations. The team also needed help making sure they were DOT-compliant.

Torc Robotics will be the first company to use a profitable, scalable, commercialized Level 4 autonomous truck solution for over-the-road trucking applications. But don’t let the word “autonomous” fool you.

What gaps or inefficiencies are slowing down your hiring and onboarding processes? Take this quick quiz and find out.

Take our quick assessment to determine your audit risk – as well as what you can do to prepare.

Our quick quiz will walk you through your requirements to make sure you’re running a safe and compliant program.

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Make sure your driver files are ready for an offsite audit and beyond with our quick compliance quiz.

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