Violation code391.11

§391.11

Driver does not meet §391.11 qualifications

49 CFR §391.11

At a glance

Severity
3
OOS eligible
No
BASIC category
Driver Fitness
Typical fine
$1,373–$13,732 per offense; auto-fail under §385.321(b)(1)

Carriers may not allow a driver to operate a CMV unless §391.11 qualifications are met. A finding here is an §385.321(b)(1) auto-fail audit item — one of the highest-risk DQF findings.

§391.11 lists the seven prerequisites every driver must satisfy: at least 21 years old (or 18 for intrastate where state law allows), can read and speak English sufficiently to converse with the public and respond to traffic signs/inquiries, can drive the vehicle safely, is physically qualified per §391.41, holds a valid CDL where required, has furnished the §391.21 application, and has passed a §391.31 road test (or equivalent).

Severity weight + audit auto-fail

Severity weight 3 in the Driver Fitness BASIC. The bigger issue is audit: §385.321(b)(1) lists "using a driver who is not qualified" as a standalone audit auto-fail. A single finding can convert a passing audit to a fail — and a CR fail puts the carrier into the §385.319 corrective action plan track.

What auditors check

  • DQF contents per §391.51(b) — physical qualification, MVRs, application, road-test certificate
  • §391.25 annual review note
  • Medical certification status synced to FMCSA (§391.45/§391.41)
  • CDL class and endorsements appropriate for the vehicle and cargo
  • §391.23 previous-employer inquiries completed within 30 days of hire

How to prevent it

  • Run the §391.11 checklist at hire — every line item must be documented before first dispatch.
  • Bake the checklist into the new-driver onboarding workflow so nothing depends on memory.
  • Maintain §391.51 retention: while employed plus 3 years after termination.

How Roadworthy HQ helps

The DQF surface flags every §391.11 prerequisite as a discrete completion item. A driver missing any item is flagged "not cleared for dispatch" and the dispatch surface refuses to assign — your auto-fail risk is structural, not procedural.

Related violations

Roadworthy HQ

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Roadside findings link to the driver and vehicle, with corrective action documented and surfaced in the audit binder.

Not legal advice · CFR is the authoritative source · SMS Appendix A publishes current severity weights