Benefits of Having an Electronic Driver Qualification File

Benefits of Having an Electronic Driver Qualification File

DOT Fines, CSA Violations, Unsatisfactory Safety Rating, Out of Service Orders; Risk- Extreme financial risk in an accident litigation- could be just an audit away. Let’s get you up-to-speed!

 

Let’s start with the basics of what is a Driver Qualification File and who needs one.

What is it?

A Driver Qualification File, also know as a DQ File, or DQF is a set of documents required by the FMSCA for drivers as a record keeping document to be available to prove your drivers are safe enough and healthy enough to drive a Commercial Motor Vehicle. Click here for more detailed info on DQF’s.

Who needs one? Well, more companies than you think!

DQ Files are a requirement for any driver who operates a vehicle with a GVWR/GCWR of 10,001 pounds or more, transports at least 8 passengers including the driver, or who transports hazardous materials that require placarding is required to have a file containing their qualification documents.  (See 49 CFR Part 391 for the complete regulation).

Unfortunately, many motor carriers assume that as long as their company doesn’t employ CDL drivers who operate Commercial Motor Vehicles (CMVs) with a Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) of over 26,000 pounds, that the Federal Motor Carrier Safety Regulations don’t apply to them….Well that can be a very costly assumption that can result in hefty fines or worse.

NOTE– Don’t forget Mr./Ms. Owner Operator you’re included in needing a DQ File as you are considered employers AND employees.

OK, What happens if I don’t have my DQ File Up-to-date?

If you’re a new authority, you will be audited within your first year as part of your New Entrant Safety Assurance Program. Without a complete file you will fail your safety section of the audit. You definitely do not want to get flagged right off the bat. You could be fined and/or lose your authority which is no way to start your company. A completed Driver Qualification File is one of the most tedious portions of the new entrant safety audit. So, it pays dividends to get things organized correctly in the first place, and once they are keeping them maintained that way.

Companies that have been in business for a while are just as at risk if they are audited or have other safety violations that put them at a higher risk of getting audited. The more employees and/or independent contractors you have the larger your risk can be and as with a new authority these can included DOT Fines, CSA Violations, Unsatisfactory Safety Rating, Out of Service Orders; Risk- Extreme financial risk in an accident litigation. Not fun stuff, but if you’re set up correctly in the first place (or now) you’re way ahead of the game.

Where do I keep my DQ File? Electronic is where you should be!

Many businesses keep all their basic employee documents in one personnel file. However, since you’re reading this, your business is likely regulated by the DOT so you need to have a separate Driver Qualification File containing specific records and documentation.

Keeping your drivers’ files up-to-date and consistent can be really painful. It is even more painful as you grow your business and this requirement gets lost in the shuffle. DQF “solutions” vary from a) old file cabinets with stagnate documents provided from traditional forms companies -you know who, b) digital computer storage that include a stagnate file repository on someone’s computer- (there are many potential liabilities with this), c) cobbled together solutions- typically these are not easy to use offerings from hodgepodge TMS systems, d) services providers that offer expensive options for doing minimal upkeep. However, option e) are electronic/digital solutions. These are the best solutions that allow for ease of use, allow you to quickly see who is out of compliance, what records are missing, when they’re expiring, easily upload/update documents and easily get needed documents from your drivers.

Note– Failing to keep the initial driving record/MVR is one of the most common mistakes and where having that file digitally stored makes it easily accessible.

Great info, now what?

Don’t delay in getting your documents put in place and getting started today. If you currently have your authority, keeping your documents in an Electronic Driver Qualification File is simply put, good business. You will take many of the frustrations of having a DQF away. A digital solution enables to you to easily keep all those initial driving files from when an employee began and the history of all those documents easily in one place.

With ComplyDQ we provide the convenience and ease to help you succeed today and tomorrow. Using what we call a “digital file cabinet with electronic sticky notes”- for reminders- further streamlines your business. As an organizational tool we make keeping your files nice, neat and tidy the standard. Check us out for free today.

 

Drive Safe!

ComplyDQ

Questions? Give us a call or shoot us an Email.

 

 

 

 

 

DQ Files- The Basics

DQ Files- The Basics

The Federal Motor Carrier Safety Administration (FMCSA) considers the driver hiring process and ongoing checks of your drivers to be a critical element in building and maintaining a safe carrier operation. Managing your driver requirements can be challenging and unfortunately, they can cause a lot of confusion, hefty fines per violation, and penalties for any size trucking organization.

Here are some key elements to help give you a little more piece of mind.

What is it?

A Driver Qualification File, also known as a DQ File, or DQF is a set of documents required by the FMSCA for all drivers as a record keeping document to be available to prove your drivers are safe enough and healthy enough to drive a Commercial Motor Vehicle (CMV). You must always maintain these files and must have all the appropriate files in place to pass a safety audit.

Note– If you’re a new authority, you will be audited within your first year as part of your New Entrant Safety Assurance Program. A completed Driver Qualification File is one of the most tedious portions of the new entrant safety audit. So, it pays dividends to get things organized correctly upfront and once they are, keep them maintained that way.

Baseline Requirements

As far as the basic qualification requirements are concerned, Part 391 requires that the driver:

  • Be at least 21 years old (18 in some states for intrastate drivers),
  • Be able to read and speak English well enough to converse with the public and law enforcement,
  • Be medically qualified — this means a driver will need to undergo a physical every 2 years, or sooner, depending on the length of the current certification,
  • Has a valid driver’s license of the correct class for the vehicle being driven,
  • Completes the necessary paperwork (DOT driver’s application, certificate of violations, etc.- see below for details),
  • Has undergone a Safety Performance History background check (including checking with the driver’s previous DOT-regulated employers, if applicable),
  • Has the necessary training and/or experience to safely operate the equipment, and
  • Has passed a road test (or has a CDL- if applicable)

The regulations also require that proof of all of the above, which would go into your Driver Qualification File. You will also need a MVR report for the previous 3 years as well as proof of an annual review of the driver’s motor vehicle record and performance. *Note- don’t toss out the original MVR report. You must always have that one on file.

Documents that must be in the DQ file include:

-Driver’s application

-Road test and copy of the road test certificate or a road test certificate issued by another carrier within the last three years or a copy of a valid CDL

-Initial MVR for all states the driver had a license in for previous 3 yrs plus an annual MVR from all states the driver had a license of the last 12mos. Note– Failing to keep this initial MVR is one of the most common mistakes.

-Annual MVR

-The annual “Certificate of Violations” completed by the driver and signed by the employer

-A record of management review of driver safety performance, and

-Copies of medical certificates (cards) for all physicals taken over the last three years.

-Hazmat Certs- if applicable

-The application, background check records, and road test records must be kept the entire time the driver is employed with that carrier, plus three years.

 

Who is responsible for maintaining the DQ file?

For Owner Operators (O/O)-

If the driver is an owner-operator operating under his/her own DOT number, then the owner-operator is responsible for making sure they meet the qualification requirements and remains qualified. The O/O must maintain his/her DQ file.

For an O/O the DQ file, the only thing they need outside assistance with to accomplish is the road test unless they already have a CDL, then the road test is not needed. An owner-operator needs to find someone who is competent at evaluating drivers operating a Commercial Motor Vehicle (CMV) on the road and have this individual conduct and document the road test.

Since the O/O is both driver and the employer they are allowed to manage they’re own file, however they must adhere and include all the same requirements in a DQF.

For Companies with Independent Contractors/Leased on Drivers

If the owner-operator leases onto a carrier, then the carrier the O/O is leased onto becomes responsible for the driver’s DQ file and ongoing qualifications. They are required to make sure the owner-operator’s credentials (license and medical card) stay current and for conducting annual reviews. In this case the owner-operator is responsible for maintaining their personal qualifications (license and medical card) however the company is responsible for overseeing the owner-operator and maintaining the DQ file. The carrier must also keep proof of the O/O’s insurance and business license on file.

For Companies with Employee drivers

If the company employs drivers that fall under the FMCSA requirements they must keep and maintain all documents for that employee. They must also keep them for at least 3 years post-employment.

This stuff can be a pain, but it doesn’t have to be

We get it, compliance is tough and is easy to overlook because you’re busy running other parts of your business, however when you’re not in compliance things can go from a nuisance to worse. Filing inaccuracies, manual error, and unnecessary time-consuming record keeping practices are just the beginning. (See our blog about digital DQ Files) Beyond that, you risk incurring violations, fines or even worse costly litigation that can negatively impact your operations in the short-term or worse.

ComplyDQ can help you get these files organized in an easy and efficient way for your new drivers as well as your current drivers. Start getting your DQ files in place TODAY. Click here to give us a try for free!

 

Drive Safe!

ComplyDQ

Questions? Give us a call or shoot us an Email.

 

 

DQ Files- An Easy Breakdown

DQ Files- An Easy Breakdown

The Federal Motor Carrier Safety Administration (FMCSA) considers the driver hiring process and ongoing checks of your drivers to be a critical element in building and maintaining a safe carrier operation. Managing your driver requirements can be challenging and unfortunately, they can cause a lot of confusion, hefty fines per violation, and penalties for any size trucking organization.

Here are some key elements to help give you a little more piece of mind.

What is it?

A Driver Qualification File, also known as a DQ File, or DQF is a set of documents required by the FMSCA for all drivers as a record keeping document/”file” to be available to prove your drivers are safe enough AND healthy enough to drive a Commercial Motor Vehicle (CMV). You must always maintain these files and must have all the appropriate files in place to pass a safety audit.

Note– If you’re a new authority, you will be audited within your first year as part of your New Entrant Safety Assurance Program. A completed Driver Qualification File is one of the most tedious portions of the new entrant safety audit. So, it pays dividends to get things organized correctly upfront and once they are, keep them maintained that way.

Who Needs One?

A driver qualification file is required for anyone who operates a CMV as defined in 49 CFR 390.5. Even if that person only drove a vehicle one time, they are required to have a file. This includes vehicles that weigh or are rated at 10,001 pounds or more, are placarded for hazardous materials, or are designed or used to transport multiple (at least 9 or more) passengers. *Note that state requirements may vary for drivers who stay within a single state and do not get involved in interstate commerce.

Don’t forget if you are an owner operator, these requirements apply to you as well because are considered an employer and employee.

It is also important to note that if the above requirements are applicable to the driver, whether or not they are a CDL holder, they are still required to have a DQ file in place.

 

What should you include?

-DOT Employment Application- This is an easy one for most companies, however don’t forget as an owner-operator, as stated above, the FMCSA considers you an employee and employer so all the Driver Qualification documentation (including an employment application) must be completed.

  1. Make sure you include- Three years (or more-see below) of employment history. There cannot be any gaps in time and you must include any time spent unemployed, as a student or incarcerated. It is important to note, that if an applicant is applying for a job operating a vehicle with a GVWR/GCWR of 26,000 pounds or more, they must list 10 years of employment history.
  2. The driver must include the extent and nature of their experience operating any type of motor vehicle.
  3. Any and all moving violations received as well as any and all accidents over the previous three years. If no violations were received, they must indicate such.
  4. The applicant must indicate any circumstances that resulted in a denial, revocation or suspension of any license to operate a motor vehicle. If no none of those scenarios occurred, they indicate such.

-Medical Certification- This ensures the driver is physically qualified to operate a CMV.

The employer must obtain a copy of the applicant’s current valid medical certification. Drivers are required to undergo a DOT medical evaluation at least once every 24 months. It is the employer’s responsibility to keep track of certification expiration dates to ensure that drivers are consistently physically qualified to operate CMVs.

-Commercial Driver’s License (CDL) or Road Test Certification-

A copy of the applicant’s current and valid driver’s license must be obtained. If the applicant holds a Commercial Driver’s License (CDL), a copy of that will suffice. If no CDL is required, employers must retain evidence that the driver successfully completed a road test in the type of vehicle being operated.  It is the employer’s responsibility to keep track of license expiration dates to ensure that drivers are consistently qualified to operate CMVs.

-Safety Performance History Investigation-

This investigation must be run on an applicant for the previous three years for all DOT- regulated positions the driver may have held, and must contain the following:

  1. a) Written authorization from the applicant allowing the investigation to be conducted.
  2. b) Responses from any DOT-regulated employers. If previous employers do not respond to the inquiry, documentation must be included that outlines what attempts were made to obtain the information.
  3. c) If the driver did not hold any DOT-regulated positions, documentation indicating such.

-MVRs (Motor Vehicle Reports) also known as “driving records”-

  1. a) The Initial MVRs- The MVR must be run on the driver for the previous three years in all states the applicant held a license. Remember, this must be kept the entire them the driver is employed as well as three years following.
  2. b) Annual MVRs- Pulling and placing this report in the DQF is a critical part of the Driver Qualification File. You must run these at least every 12months. Also, it is important to note for drivers who hold a commercial driver’s license, the motor carrier must obtain a new MVR) within 15 days after each new medical exam and place that in the DQ file as proof of medical certification.

-Annual Review of Driving Record and List of Violations-

Along with the annual MVRs, employers must require drivers to submit a list of any moving violations they received over the previous 12 months. If no violations occurred, you must document that the employee has indicated such. After reviewing the MVR and List of Violations, the employer must maintain documentation of this driving record review.

And don’t forget about the drug and alcohol results. Those results must also be included in a DQ File.

 

This stuff can be a pain, but it doesn’t have to be

We get it, compliance is tough and is easy to overlook because you’re busy running other parts of your business, however when you’re not in compliance things can go from a nuisance to worse. Filing inaccuracies, manual error, and unnecessary time-consuming record keeping practices are just the beginning. (See our blog about digital DQ Files) Beyond that, you risk incurring violations, fines or even worse costly litigation that can negatively impact your operations in the short-term or worse.

Try ComplyDQ today for Free and get started today!

 

Drive Safe!

ComplyDQ

Questions? Email us.