Hiring a CDL Driver: The Compliance Steps, in Order

When you’re short a driver, the pressure is to get a new hire in a truck as fast as possible. Most of the hiring requirements in Part 391 and Part 382 can run in parallel — but a few have to be complete before the driver performs any safety-sensitive function, and getting that order wrong is a violation even if every document eventually shows up.

Step 1: Employment application

The driver completes and signs an application meeting §391.21, including their employers for the past 3 years — and for CDL drivers, any employers they drove a CMV for in the 7 years before that.

Step 2: Clearinghouse full query

The driver logs in to the FMCSA Drug & Alcohol Clearinghouse and consents, and you run a full query. If they’re in prohibited status, they can’t drive for you until they complete the return-to-duty process. (More in Clearinghouse queries explained.)

Step 3: Pre-employment drug test

Under §382.301, you must receive a verified negative drug test result before the driver performs safety-sensitive functions. Add them to your random testing pool at the same time. (Pre-employment alcohol testing is permitted but not required.)

Step 4: Motor vehicle records

Within 30 days of hire, obtain an MVR from every state where the driver held a license or permit in the past 3 years (§391.23). Review it against the disqualification rules in §391.15 — you don’t want to discover a suspended license three weeks after the driver started.

Step 5: Previous employer inquiries

Also within 30 days, request safety performance history from every DOT-regulated employer the driver worked for in the past 3 years — their accident history, plus drug and alcohol testing history from any employer regulated by a DOT agency other than FMCSA (FMCSA-era violations are covered by the Clearinghouse query). Document every request and every follow-up, especially for employers who never respond — the record of a good-faith effort is what protects you.

Step 6: Medical certification

The driver needs current medical certification from an examiner on FMCSA’s National Registry. For CDL drivers, medical certification is now transmitted electronically to the state licensing agency, so the driver’s MVR is where you verify it. Note the verification in the driver’s file. (See tracking DOT medical certificates.)

Step 7: Road test or equivalent

Under §391.31, the driver completes a road test and you issue a certificate — or you accept a valid CDL (or a recent road test certificate from another carrier) as an equivalent under §391.33, keeping a copy in the file.

Step 8: Brand-new CDL holders and ELDT

Drivers getting a CDL for the first time, upgrading to Class A, or adding certain endorsements must complete entry-level driver training from a provider on FMCSA’s Training Provider Registry before taking the skills test. The state checks this before issuing the license, but if you hire newly licensed drivers, it’s worth keeping their training certificate on file.

Step 9: Build the file — and the calendar

Everything above goes into the driver qualification file (see the DQF checklist). Then set the dates that start ticking on day one: medical certification expiration, annual MVR review, and annual Clearinghouse query.

Common hiring mistakes

• Dispatching a driver while the pre-employment drug result is still pending.
• Skipping the Clearinghouse query for an “experienced” driver.
• Pulling an MVR from only the current state.
• Sending previous employer requests but never following up or documenting the attempts.
• Treating owner-operators leased on as exempt from any of the above.

Start every driver with a complete file

TruckComply gives each new driver a qualification file from day one: upload documents as they come in, see what’s still missing, and get alerts as license and medical dates approach.