Violation codeDriver Fitness

§391.21

No or incomplete application for employment

49 CFR §391.21

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 core new-entrant audit material.

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

§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 employment application is a required item on the driver's DQF tab: upload the completed application and it shows as present, with its retention period enforced. Roadworthy HQ stores the document; it does not capture the 3-year and 10-year history as structured fields or check the application for completeness.

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