How smart fleets bulletproof their driver files before the lawyers show up

June 4, 2025

We all know that drivers need to have a bunch of documents on file—like the Medical Examiner’s Certificate, hours of service records, and employment history. But too often, those files are treated like a formality or a bureaucratic hurdle. The reality? Incomplete or sloppy files can become a major liability.

"Realistically, every fleet that operates in the U.S. is going to find themselves in court at some point," said Dirk Kupar, founder and CEO of TruckRight, in the April 2025 CarriersEdge webinar Inside Driver Qualification. "So, you can’t say, 'It’s not going to happen to me.'"

And when something does happen—especially a catastrophic collision—plaintiff attorneys will go straight to your driver files. If they find gaps, inconsistencies, or superficial checks, you’ve already lost ground.

What the law actually requires (and what most fleets still miss)

The best fleets don’t wait for audits to care about compliance. They build habits that catch problems early—before they become costly. That doesn’t mean creating more paperwork. It means treating the driver file as what it really is: a risk management tool.

Don’t confuse policy with regulation. Kupar noted that safety and recruiting staff often inherit company practices without realizing they may not meet FMCSR requirements. What you were trained to do may not match what’s actually in Section 391. To avoid legal exposure, double-check that your internal policies are aligned with the federal rulebook—not just habit or hearsay.

And while it’s tempting to treat compliance as a checklist, the fleets that get it right understand it’s a system. The file isn’t just a file—it’s proof. Of your hiring decisions, of your safety practices, and of how seriously you take your responsibilities.

The 8 easy-to-miss mistakes that can blow up in court

Even experienced fleets make these mistakes—often without realizing it:

• Incomplete employment verifications or lack of documented attempts
• Missing or unread MVRs, PSPs, CVORs—failure to cross-reference
• Annual reviews that are inconsistent or missing altogether
• “Checkbox compliance”—meaning only confirming that a document exists and conducting no meaningful investigation
• Missing Medical Examiner’s Certificate
• Missing road test
• Safety Performance History not requested—or not checked against FMCSA Clearinghouse
• Driver’s Statement of On-Duty Hours overlooked at hire

All documents must be retained for the duration of the driver’s employment and for three years after termination. That includes MVRs, annual reviews, certificate of violations, and safety performance inquiries.

Compliance starts with Section 391

Before you start fixing files, it helps to understand what you're being measured against. For U.S. fleets—and Canadian carriers operating cross-border—FMCSR Part 391 sets the standard. It defines which documents must go into a driver qualification file, how long they need to be kept, and what needs to happen during onboarding and annual reviews. That includes application forms, MVRs, safety performance history, road tests or CDL verification, medical certification, annual reviews, and more.

It sounds straightforward—but as Kupar points out, the misconceptions about 391 are widespread. From “truck stop lawyers” offering informal interpretations, to fleets confusing policy with regulation, it’s easy to overlook what’s actually required.

How to catch file problems before a regulator—or lawyer—does

Most fleets only discover file issues when it’s too late—either during an insurance renewal, a government audit, or a courtroom deposition. The solution? Document everything, assign responsibility, and run mock audits.

If it’s not documented, it didn’t happen—at least in court

Knowing the rule isn’t enough—you also need to show your work. Every gap, fix, and decision should have a paper trail. It is as literal as it sounds:

• Missing something? Document it and explain why.
• Can’t verify an employer? Log all attempts—and report non-responses to FMCSA.
• If you reached out three times and didn’t get a response, write it down.
• Updating an old file? Don’t just plug in a fresh road test—explain why and when it was being added.

Delayed or missing employment verifications create a compliance gap and a legal liability. Kupar recommends reporting unresponsive previous employers to FMCSA—not just because it’s required, but because it creates a legal record that you made the effort. According to Kupar, fleets that report non-responses to FMCSA “get a callback almost every time.”

Who should own your driver files? (hint: not just recruiting)

Compliance falls apart when it’s no one’s clear responsibility. When multiple teams are involved in hiring and onboarding, it’s natural for gaps to appear—especially when everyone’s moving quickly to get drivers on the road. That’s why you need someone whose sole focus is the integrity of those files.

Kupar recommends assigning driver file oversight to a dedicated processor—someone trained, empowered, and detail-obsessed. In small fleets, that might be a part-time role. In larger fleets, it may support multiple people. Either way, it needs to be someone who chases every loose end.

How mock audits help you avoid costly verdicts and fines

Mock audits are one of the most valuable—and underused—tools for keeping driver files clean. They let you catch problems before a regulator, insurer, or plaintiff attorney does.

Start by reviewing 10–15% of your driver qualification files like an auditor would. Are all documents present, current, and properly signed? Do the application, MVR, and PSP align? If everything looks good, great. If not, expand your sample and keep digging until you’re confident.

When you find a gap—like a missing road test or unsigned review—don’t quietly fix it and move on. Document what’s missing, when you found it, and what steps you’re taking to correct it. “Reviewed April 4. Reference check missing. Added recruiter checklist” is enough to show improvement.

If a document truly can’t be recovered—say, a road test from 10 years ago—don’t backfill. Instead, note the absence, explain what you did to locate it, and outline how your process has changed. That level of transparency builds credibility. Quiet patchwork does the opposite.

Example: A fleet finds missing reference checks during a mock audit. They document the issue, note the date, and add a corrective plan. That simple paper trail can help mitigate legal risk later.

Annual reviews aren’t just about violations. They’re a natural opportunity to check file completeness and fix lingering gaps—before someone else notices them.

As Kupar shared in the webinar, mock trials hosted by safety associations make it painfully clear what happens when records are sloppy. The most common issues? Missing documentation, unclear procedures, or signs that files were patched after an incident.

The takeaway: you don’t need perfect files. You need a repeatable process—and proof that you’re following it. “Auditors and attorneys aren’t just looking for flawless records,” said Kupar. “They’re looking for signs that you have a system.”

How to turn driver files into your strongest legal defense

Make your file reviews smarter

File reviews are not just checklists you tick and formalities you need to get done with. That mentality invites trouble, said Kupar.

Instead of asking, "Do we have the MVR and PSP?" ask, "Do these align with the application? Are there unexplained gaps, undisclosed employers, or mismatched violations?"

Red flags to watch for:

• A conviction linked to a carrier not listed on the driver’s resume
• Discrepancies between MVR and PSP
• Employment history that skips a job where an incident occurred

Cross-reference everything. If a driver lists ABC Trucking for 2022–23, but the PSP record shows a violation with XYZ Freight in that same period, something’s off.

As of 2023, the FMCSA Clearinghouse can replace manual outreach for drug and alcohol results—another useful step toward simplifying pre-employment checks.

Better files = better hiring decisions

Hiring criteria—especially around MVR thresholds—not only guide decision-making but also protect against discrimination claims. Apply the same standard every time.

Good documentation helps you:

• Defend yourself in lawsuits
• Spot risky hires before they’re behind the wheel
• Avoid onboarding surprises
• Build long-term training and risk management strategies

Better files also make it easier to uphold policies—whether it’s for hours of service, hazmat training, or performance reviews.

Make this the year you stop treating driver files like a formality

Driver qualification files aren’t just a compliance exercise—they’re a cornerstone of risk management. And when plaintiff attorneys come calling, the fleets with clean, consistent documentation are the ones that come out ahead.

Don’t wait for the lawsuit. Start strengthening your files now—because in this industry, it’s not a matter of if, but when.

Watch the full webinar: Inside Driver Qualification

Explore more resources in the CarriersEdge course library.