Private waste haulers carry the same driver file duties as any carrier.
Garbage and roll-off trucks are heavy, on the road every day, and driven by a crew that turns over. If your company operates them in interstate commerce, each driver needs a qualification file and an investigation history file under Part 391.
Free: see your roadside record and MCS-150 due date from FMCSA’s public data.
Does this apply to you?
A driver needs a federal driver file when all three are true:
- 1The vehicle meets the weight thresholdGross vehicle or combination weight rating, or actual weight, of 10,001 lbs or more, whichever is greater. 49 CFR 390.5
- 2It's used in interstate commerceCrossing a state line, or an in-state leg of trade that starts or ends out of state. 49 CFR 390.5
- 3They drive it for your businessPart 391 covers anyone who drives a commercial motor vehicle for a motor carrier, full-time or not. 49 CFR 391.1
Purely intrastate? Many states apply the same rules with changes; confirm with your state.
Vehicles to check
Compare each one’s ratings against 10,001 lbs:
- Roll-off and hook-lift trucks
- Front-load, rear-load and side-load collection trucks
- Dumpster delivery trucks
- Transfer trailers
The government exception is narrow
49 CFR 390.3(f) excepts transportation performed by a federal, state or local government. It covers trucks the government operates. If your company operates the trucks, even on a city contract, don't assume it applies; confirm your situation.
Turnover means constant new files
Every new driver needs a complete file before driving, and previous-employer inquiries within 30 days of hire or documented good-faith efforts (49 CFR 391.23 and 391.53).
What every driver file must hold
11 records per driver across two separate files plus related obligations. A missing or incomplete required record is a recordkeeping violation: up to $1,584 per day and $15,846 per violation (49 CFR Part 386, Appendix B).
Driver Qualification File
49 CFR 391.51
- Application for employment · At hire
- Motor vehicle record — at hire · At hire
- Road test certificate or equivalent · Once
- Motor vehicle record — annual inquiry · Every 12 months
- Note of annual review of driving record · Every 12 months
- Medical examiner's certificate · Expires — up to 24 months
Driver Investigation History File
49 CFR 391.53
- Driver's written authorization · At hire
- Previous employer responses · Within 30 days of hire
Related obligations
49 CFR Parts 380 & 382
- Pre-employment drug & alcohol test result · At hire
- Drug & Alcohol Clearinghouse query · Pre-employment, then annually
- Entry-level driver training certificate · Once
We build the files for you
$999 one-time Audit-Ready Setup for private waste haulers with up to 30 drivers, with a 30-day money-back guarantee. Then $8 per driver per month ( $79 minimum) to track every expiry date.
Our trucks run residential routes in one county. Does this apply?
The federal rules apply to interstate commerce (49 CFR 390.5). Waste hauling can involve interstate legs, for example to an out-of-state disposal site. If you're purely intrastate, check your state's rules, which often mirror the federal ones.
What happens after a driver leaves?
Keep the driver qualification file for the duration of employment and three years afterwards (49 CFR 391.51).
Other industries
General information, not legal advice. Rules cited are from Title 49 of the Code of Federal Regulations; exceptions and state rules can change what applies to your operation.