Violation code391.21

§391.21

No or incomplete application for employment

49 CFR §391.21

At a glance

Severity
3
OOS eligible
No
BASIC category
Driver Fitness
Typical fine
Audit-time penalty rather than roadside fine; pattern audit findings drag the rating

Every driver must complete a §391.21 application listing 10 years of employment history before first dispatch. A missing or incomplete application is a §391.51(b)(2) DQF deficiency and a §385.321(b)(1) auto-fail audit risk.

§391.21 requires every driver to furnish a written application for employment containing 10 years of employment history (3 years detailed for CMV experience: name and address of every employer, position held, dates, reason for leaving). The application is signed and the driver certifies the information is true. The signed application becomes the foundation of the §391.23 previous-employer inquiry.

What §391.21 actually requires

  • Name, address, date of birth, social security number
  • 3 years of employment history with detailed dates and reasons for leaving
  • 10 years of employment history at CMV-operating employers (less detailed for non-CMV jobs)
  • Identification of every state where the driver has held a CDL or CMV operator's license in the prior 3 years (§391.21(b)(8))
  • List of all CMV-operating violations during the prior 12 months (§391.21(b)(7))
  • List of any denial, revocation, or suspension of any CMV-operating license (§391.21(b)(6))
  • Driver's signature and date

Severity + audit impact

The form is the gate for the §391.23 inquiry and the §391.25 annual review. An incomplete §391.21 application typically appears in compliance reviews as a §391.51(b)(2) DQF deficiency. Pattern findings shift a marginal CR rating toward conditional or unsatisfactory.

How to prevent it

  • Use a single canonical application form. The FMCSA sample form is the safe starting point.
  • Reject incomplete applications at intake; "we'll get the rest later" is how the §391.21 finding appears at audit two years later.
  • Re-run §391.21 if a driver returns after a break in service.

How Roadworthy HQ helps

The DQF builder presents §391.21 as a discrete item with structured fields for the 3-year detailed and 10-year general employment history. The completion check refuses to advance the driver to dispatch-cleared status until every required field is captured.

Related violations

Roadworthy HQ

Track this and 800 other violations automatically.

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