Commercial Motor Vehicle Safety (FMCSA)

The Federal Motor Carrier Safety Administration (FMCSA) regulates the safety of commercial trucks and buses on U.S. roads — an industry that moves about 70% of all freight tonnage and involves roughly 6.4 million CDL holders. Commercial motor vehicle (CMV) crashes kill over 5,800 people per year and injure tens of thousands more, making trucking safety one of the most consequential transportation safety domains. The core regulatory framework includes hours-of-service rules (limiting drivers to 11 hours of driving in a 14-hour workday, with required rest periods to prevent drowsy driving), electronic logging device (ELD) mandates (required since 2019, replacing paper logs), drug and alcohol testing programs, driver qualification standards, and vehicle inspection requirements. The FMCSA also operates a carrier safety rating system (Satisfactory/Conditional/Unsatisfactory) used by shippers to evaluate trucking partners and by insurers to price coverage. Autonomous trucking is the major regulatory frontier: as companies test and deploy self-driving trucks, FMCSA is developing frameworks for AV certification and oversight that may fundamentally reshape the industry's safety and liability landscape.

Current Law (2026)

Legal Authority

• 49 U.S.C. § 31101 — Definitions (commercial motor vehicle — vehicle used in interstate commerce weighing 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials; motor carrier; driver)
• 49 U.S.C. § 31136 — United States Government regulations (FMCSA prescribes minimum safety standards for commercial motor vehicles; standards must be practical and protect public safety)
• 49 U.S.C. § 31301-31317 — Commercial driver's license (CDL) program (uniform national CDL standards; testing requirements; medical certification; disqualification for serious violations; drug and alcohol testing)
• 49 U.S.C. § 31502 — Hours of service (maximum driving and on-duty hours; mandatory rest periods; electronic logging devices)
• 49 U.S.C. § 31131-31161 — Safety regulation enforcement (compliance reviews; safety audits; Compliance, Safety, Accountability program; out-of-service orders; civil penalties up to roughly $19,246 per HOS violation against motor carriers in 2026, with separate driver and recordkeeping penalty schedules)
• 49 U.S.C. § 31144 — Safety fitness of carriers (FMCSA rates carriers satisfactory, conditional, or unsatisfactory; authority to shut down carriers with unsatisfactory safety records)

How It Works

The Federal Motor Carrier Safety Administration regulates the safety of commercial trucks and buses operating in interstate commerce — an industry that moves approximately 72% of the nation's freight by weight. FMCSA's regulations directly affect 6.4 million commercial drivers and hundreds of thousands of trucking companies.

Hours-of-service (HOS) rules are FMCSA's most consequential daily regulations, designed to prevent the fatigue that contributes to approximately 13% of large truck crashes. For property-carrying (truck) drivers: 11 hours driving maximum within a 14-hour on-duty window after 10 consecutive hours off duty, with a 30-minute break required after 8 hours of driving and weekly limits of 60 hours in 7 days or 70 hours in 8 days, with a 34-hour restart provision. Passenger-carrying (bus) drivers follow a slightly different schedule: 10 hours driving within a 15-hour window after 8 hours off. The ELD mandate (in place since December 2019) requires virtually all commercial vehicles to use electronic logging devices that automatically record driving time, eliminating the paper logbooks that were routinely falsified. The commercial driver's license (CDL) system sets uniform national licensing standards across three classes — Class A (tractor-trailers and combination vehicles), Class B (single vehicles over 26,001 lbs including buses, dump trucks, and tankers), and Class C (hazmat placards or 16+ passengers) — with specialized endorsements for hazardous materials, tank vehicles, passengers, school buses, and doubles/triples. CDL holders must maintain a current medical certificate (DOT physical every 2 years) and meet medical fitness standards for vision, cardiovascular health, and other conditions.

FMCSA's Compliance, Safety, Accountability (CSA) program uses data from roadside inspections, crash reports, and investigations to generate Safety Measurement System (SMS) scores for motor carriers in seven categories: unsafe driving, crash indicator, HOS compliance, vehicle maintenance, controlled substances, hazardous materials, and driver fitness. High SMS scores trigger warning letters, focused investigations, and potential intervention — up to shutting down a carrier's operating authority. All CDL holders are also subject to comprehensive drug and alcohol testing requirements covering pre-employment, random (minimum 50% of drivers for drugs, 10% for alcohol annually), post-accident, reasonable suspicion, and return-to-duty situations; the standard panel tests for marijuana, cocaine, amphetamines, opioids, and PCP. A positive result or refusal triggers immediate removal from safety-sensitive duties and mandatory completion of a substance abuse evaluation and return-to-duty process — with the outcome reported to the federal Drug and Alcohol Clearinghouse, where any future carrier must check before hiring.

How It Affects You

State Variations

Implementing Regulations

• 49 CFR Part 383 — Commercial Driver's License Standards; Requirements and Penalties (38 sections — the national CDL framework implementing 49 U.S.C. § 31305; establishes uniform knowledge and skills standards, endorsement requirements, disqualification rules, and notification obligations that all states must implement for CDL holders operating CMVs in interstate commerce):

  • § 383.3 / § 383.21 — Applicability and one-license rule: Part 383 applies to every person who operates a CMV in interstate or intrastate commerce; no CMV operator may hold more than one driver's license — a CDL holder must surrender any other license upon issuance of the CDL; states are prohibited from issuing a CDL to an applicant who already holds a CDL from another state
  • § 383.23 / § 383.25 — CDL and Commercial Learner's Permit (CLP): no person may operate a CMV requiring a CDL without first passing knowledge and skills tests for the applicable vehicle group; a CLP authorizes behind-the-wheel training on public roads with a qualified CDL holder in the passenger seat; CLPs are valid for up to one year
  • §§ 383.91–383.95 — Vehicle groups and endorsements: CDLs are issued for three vehicle groups — Group A (combination vehicles over 26,001 lbs, towing a trailer over 10,000 lbs), Group B (single vehicles over 26,001 lbs), and Group C (vehicles designed to transport 16+ passengers or hazmat); endorsements required for specific operations: H (hazardous materials — requires TSA background check), N (tank vehicles), P (passenger), S (school bus), T (double/triple trailers), X (combination tanker/hazmat); each endorsement requires a separate knowledge test and, for P and S, a skills test
  • §§ 383.110–383.113 — Knowledge and skills requirements: all CDL applicants must demonstrate knowledge of 20 general areas covering safe operations, shifting, backing, coupling/uncoupling, inspections, hazardous materials, and emergency procedures; skills tests assess pre-trip inspection (driver must identify at least 5 potential mechanical defects), basic vehicle control (straight-line backing, offset alley docking, parallel parking), and on-road driving (includes lane changes, intersections, railroad grade crossings, curves)
  • § 383.31 / § 383.33 — Notification of convictions and suspensions: CDL holders who receive any moving violation conviction (in any vehicle, in any state) must notify their employer within 30 days; CDL holders whose license is suspended, revoked, or canceled must notify their employer before the next scheduled work shift; employers may not allow CDL-required operations by drivers whose licenses are suspended or revoked
  • § 383.51 — Disqualification: CDL holders are disqualified from operating CMVs upon conviction of major violations — DUI/DWI (CMV or personal vehicle), BAC ≥ 0.04% in a CMV, leaving the scene of an accident, using a CMV in a felony (including drug trafficking), refusing an alcohol test, or negligent/criminal homicide; first offense: 1-year minimum disqualification (3 years if transporting hazmat); second offense: lifetime disqualification; railroad grade crossing violations: 60-day (first), 120-day (second), 1-year (third) disqualifications
  • § 383.72 — Implied consent to alcohol testing: any person who holds a CDL or is required to hold one is considered to have consented to alcohol testing as a condition of operating a CMV; refusal to submit to required testing is treated as a test failure and triggers disqualification

• 49 CFR Part 384 — State Compliance with Commercial Driver's License Program Requirements: the enforcement backbone of the national CDL system — the regulations that require each state's licensing authority to actually implement the uniform standards Congress mandated. Where Part 383 sets the national CDL standards, Part 384 compels states to honor and enforce them. Key provisions:

  • § 384.201 — States must operate a CDL testing program that meets or exceeds federal standards for knowledge and skills tests
  • § 384.203 — States must adopt DUI disqualification standards matching federal thresholds (BAC ≥0.04% while operating a CMV triggers disqualification; states cannot use higher thresholds)
  • § 384.204–384.206 — Before issuing any CDL or CLP, the state must query the Commercial Driver's License Information System (CDLIS) and the Problem Driver Pointer System (PDPS) to confirm the applicant holds no other CDL and has no disqualifying violations on record nationally
  • § 384.210 — One license rule: states are prohibited from issuing a CDL to any person who already holds a CDL from another state; the applicant must first surrender any out-of-state CDL. This eliminates the historic practice of "CDL shopping" — obtaining a clean license from a second state to hide a suspended or revoked CDL
  • § 384.213 — States must impose civil or criminal penalties on CDL holders who violate federal standards, consistent with 49 U.S.C. § 31310
  • § 384.214 — Reciprocity: states must recognize the CDL of any driver licensed by another state under equivalent federal standards; a CDL issued by one state is valid for interstate operations in all states
  • § 384.215–384.219 — Mandatory disqualification thresholds:
    • First serious offense (DUI/BAC ≥0.04%/DUID/refusing a test/leaving the scene of an accident/using a CMV in a felony): one-year disqualification minimum; three years if transporting hazardous materials
    • Second serious offense: lifetime disqualification — states have no discretion to impose a lesser penalty
    • Drug trafficking conviction: lifetime disqualification (§ 384.217)
    • Second serious traffic violation (speeding 15+ mph over limit, reckless driving, improper lane change, following too closely, railroad grade crossing violations): 60-day disqualification
    • Third serious traffic violation within three years: 120-day disqualification
  • § 384.221 — States must adopt and enforce FMCSA out-of-service regulations
  • § 384.226 — Prohibition on masking convictions: states cannot allow diversion programs, deferred adjudication, or expungement that would prevent a CDL holder's traffic conviction from appearing on the driving record. A CDL holder who commits a traffic violation cannot negotiate their way to a clean record — every conviction is permanent and reported to CDLIS
  • § 384.230 — States must require entry-level driver training certification before issuing a CDL (effective February 7, 2022)
  • § 384.235 — Drug and Alcohol Clearinghouse: as of November 18, 2024, states must query the federal Drug and Alcohol Clearinghouse before issuing, renewing, transferring, or upgrading any CDL — and must downgrade the CDL of any driver who appears in the Clearinghouse as prohibited from operating

  The FMCSA enforcement mechanism is financial: under § 384.401, states that fail to comply with substantial compliance requirements face federal highway fund withholding — 4% the first year of noncompliance, 8% each subsequent year. FMCSA may also decertify a state's entire CDL program under § 384.405, invalidating every CDL that state has issued — an outcome no state has triggered but which provides substantial leverage. FMCSA conducts periodic program reviews under § 384.307 to assess state compliance.

• 49 CFR Part 390–399 — Federal Motor Carrier Safety Regulations (hours of service, driver qualifications, vehicle inspection/maintenance, hazmat transportation, insurance requirements)

• 49 CFR Part 390, Subpart E — National Registry of Certified Medical Examiners (NRCME): all licensed healthcare providers who perform CDL physical examinations must be listed on the FMCSA National Registry. Key provisions:

  • § 390.101 — Scope: applies to every medical examiner who performs physical examinations for commercial driver's license (CDL) applicants under 49 CFR Part 391
  • § 390.103 — Eligibility: examiners must hold a current, unrestricted license, certificate, or registration to perform physical examinations in the state where they practice (MDs, DOs, physician assistants, advanced practice nurses, chiropractors, and doctors of optometry all qualify)
  • § 390.105 — Training: all applicants must complete an FMCSA-approved training program covering FMCSA medical examination standards, advisory criteria, and the Federal Motor Carrier Safety Regulations
  • § 390.107 — Certification test: applicants must pass an FMCSA-administered knowledge examination; the test covers medical standards for 11 body systems (vision, hearing, cardiovascular, respiratory, musculoskeletal, etc.)
  • § 390.109 — Credential issuance: FMCSA issues a medical examiner identification number and lists the examiner on the National Registry; only Registry-listed examiners may issue the Medical Examiner's Certificate (MEC) that CDL holders must carry
  • § 390.111 — Continued listing: examiners must complete recertification training and testing every 5 years to remain on the Registry
  • § 390.113 — Removal: FMCSA may remove examiners for issuing false certifications, failing to comply with examination standards, adverse state licensure actions, or repeated inaccuracies in reported examination results
  • §§ 390.123–390.129 — VA examiner certification path: Department of Veterans Affairs physicians who perform examinations for veteran CDL applicants may follow an alternative credentialing process through the VA — completing FMCSA-approved training and testing administered via VA systems

  The NRCME was created in 2012 (77 FR 24103) after investigations found widespread issuance of fraudulent medical certificates by unlicensed examiners or examiners who certified unqualified drivers for payment. Under the prior system, any licensed practitioner could perform a CDL physical with no training or testing requirements. Since 2014, all CDL physicals must be performed by Registry-listed examiners, and carriers bear responsibility under § 390.11 for ensuring their drivers have current, valid MECs from listed examiners.

• 49 CFR Part 391 — Qualifications of Drivers and Longer Combination Vehicle (LCV) Operators (27 sections — FMCSA's baseline qualification standards that every commercial motor vehicle driver must meet, defining who may legally operate a CMV in interstate commerce):

  • § 391.11 — General qualifications: a driver must be at least 21 years old (18–20-year-olds may drive intrastate only in most states), able to read and speak English sufficiently to understand traffic signs and communicate with enforcement officers, physically qualified per Subpart E, holding a valid CDL (or operator's license for vehicles under 26,001 lbs GVWR) for the class of vehicle being driven, and have no disqualifying conditions under § 391.15; carriers must not require or permit any person who does not meet these standards to operate a CMV
  • § 391.15 — Disqualification: a driver is automatically disqualified during any period when their driving privilege is lost (suspension, revocation, cancellation, or out-of-service order); CDL-specific disqualifying offenses (separate from Part 383 disqualification triggers) include any violation that causes loss of driving privileges in any state; a driver in the Clearinghouse with a "prohibited" status is disqualified and may not drive any CMV until the return-to-duty process under Part 40 is completed
  • § 391.21 — Employment application: before a driver operates a CMV for a carrier, the driver must complete an employment application that covers the past 10 years of employment history, all motor vehicle accidents in the past 3 years (date, location, fatalities/injuries, hazmat involvement), all traffic convictions in the past 3 years, any denial, revocation, or suspension of driving privilege, and any positive drug/alcohol test results or refusals in the preceding 3 years; the application requirement applies even to drivers the carrier has employed before — the carrier must have a fresh application on file
  • § 391.23 — Background investigation: within 30 days of hiring, carriers must (1) request a motor vehicle record from every state where the driver held a license in the past 3 years — not just the current license state — and (2) send written inquiries to each employer for whom the driver drove a CMV in the past 3 years asking about the driver's accident record and whether the driver tested positive for drugs or alcohol; carriers who use FMCSA's Pre-Employment Screening Program (PSP) can access a driver's 5-year crash and 3-year inspection history from FMCSA databases, but PSP is not mandatory
  • § 391.25 — Annual driving record review: at least once every 12 months, the carrier must obtain an updated MVR for each driver and review it; the carrier's safety officer must certify the review and file the certification in the driver's qualification file; a driver whose license has been suspended or downgraded since hire is not permitted to continue operating the class of vehicle for which they are no longer licensed
  • § 391.31 — Road test: before driving a CMV for the carrier, the driver must pass a road test in the actual type (or representative type) of CMV they will operate; the test must include the safety-relevant operations — coupling/uncoupling, pre-trip inspection, driving in traffic, and backing; a valid CDL in the appropriate class, with appropriate endorsements, satisfies the road test requirement (§ 391.33) and is the most common substitution
  • § 391.41 — Physical qualifications: minimum standards the driver's MEC must confirm: distant visual acuity of 20/40 or better in each eye (corrected or uncorrected); field of vision of at least 70° in the horizontal meridian in each eye; ability to perceive a whispered voice in the better ear at 5 feet; blood pressure no greater than 180/110; no established clinical diagnosis of diabetes mellitus currently requiring insulin (subject to the § 391.46 exception); no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any cardiovascular disease that would likely interfere with the ability to drive safely; no respiratory dysfunction likely to interfere with control of the vehicle; no established medical history of epilepsy; no mental, nervous, organic, or functional disease likely to interfere with ability to drive safely; and no loss of a foot, leg, hand, or arm, or impairment of a limb, unless a Skill Performance Evaluation (SPE) Certificate (§ 391.49) has been granted
  • § 391.43 — Medical examination and Medical Examiner's Certificate (MEC): the examination must be performed by a National Registry-listed medical examiner (Part 390 requirement); examiners complete a standardized exam covering 11 body systems and document findings on FMCSA Form MCSA-5875; if qualified, the examiner issues a Medical Examiner's Certificate (MCSA-5876) valid for up to 24 months; shorter certification periods are mandatory when conditions warrant — drivers with blood pressure 160–179/100–109 receive a 12-month certificate; those treated for hypertension must be recertified; drivers with certain conditions (sleep apnea diagnosis) may receive 3-month conditional certifications pending treatment compliance; the MEC must be carried by the driver whenever on duty
  • § 391.46 — Insulin-treated diabetes mellitus: since a 2018 FMCSA rule (83 FR 63005), drivers with insulin-treated diabetes may operate in interstate commerce under an exemption program through FMCSA's Medical Programs office, requiring stringent monitoring (HbA1c history, hypoglycemia episodes, treating clinician attestation) — overturning the prior categorical prohibition on insulin use by CDL holders; the individual exemption process requires annual renewal and ongoing endocrinologist monitoring
  • § 391.49 — Skill Performance Evaluation (SPE) Certificate: a driver who is disqualified under § 391.41 solely due to loss or impairment of a limb may apply to FMCSA for an SPE Certificate authorizing operation with a prosthesis or hand controls; FMCSA evaluates the driver's skill in an actual road evaluation; SPE Certificates specify what vehicle types, configurations, and adaptive equipment are authorized; carriers may accept an SPE Certificate in place of the standard physical qualification standard for limb conditions only
  • § 391.51 — Driver qualification (DQ) files: carriers must maintain a DQ file for each driver containing: (1) employment application; (2) inquiry responses from prior employers; (3) annual MVR and review certification; (4) road test certificate or CDL-substitution documentation; (5) current MEC and copies of all past MECs issued while the driver was employed; (6) Drug and Alcohol Clearinghouse query documentation; DQ files must be kept 3 years after the driver leaves employment; FMCSA investigators examine DQ files during compliance reviews — missing or incomplete files are a common violation category

  Part 391 is the first filter in the "qualified driver" chain: Part 383 governs CDL standards, Part 391 sets minimum qualifications for CMV operation, Part 390's NRCME governs who conducts the medical exam, Part 382 governs drug and alcohol testing, and Part 395 governs hours of service. Carriers bear ongoing responsibility for maintaining current DQ files — a driver whose CDL was suspended after hire but whose carrier did not detect the change through the annual MVR review creates liability for both the carrier and driver in any subsequent crash.

• 49 CFR Part 365 — Rules Governing Applications for Operating Authority (49 sections — FMCSA's procedures for obtaining, transferring, and challenging motor carrier operating authority; covers for-hire motor carriers of property and passengers, freight forwarders, and brokers):

  • § 365.105 — Application process: carriers apply for operating authority via Form MCSA-1 (filed electronically through FMCSA's Unified Registration System); the application requires the carrier's DOT number, type of operation (property, passenger, household goods, hazmat), proof of insurance, and process agent designation; the applicant must certify willingness to comply with all applicable FMCSA regulations
  • § 365.107 — Types of applications: (1) fitness applications — for new applicants who have never had FMCSA authority and must demonstrate safety fitness through the New Entrant Safety Assurance Program; (2) re-applications — for carriers whose authority was previously revoked; (3) reinstatement — for carriers whose authority lapsed or was suspended; fitness applicants are subject to FMCSA safety review; applicants with prior "Unsatisfactory" safety ratings must demonstrate corrected safety management before reactivation
  • § 365.109 — FMCSA review: FMCSA reviews each application for correctness and completeness; the application is published in FMCSA's public SAFER system; interested persons (existing carriers, state agencies, consumer advocates) have 10 days to protest the application on grounds of applicant fitness, insurance, or compliance history; without a valid protest, FMCSA grants the authority if the applicant meets technical requirements; with a valid protest, FMCSA may set the matter for hearing
  • § 365.110 — New Entrant Safety Assurance Program: all new motor carrier entrants must complete a 12-month probationary program; within the first 12 months, FMCSA conducts a compliance review at the carrier's location to assess safety management controls; if the carrier passes (no "Unsatisfactory" rating), the "New Entrant" designation is removed and the authority becomes permanent; if the carrier fails, the authority is revoked; the program was created after data showed new entrants had disproportionately high crash rates in their first year
  • § 365.111 — Appeals: applicants may appeal a rejection of their application to the FMCSA Administrator within 20 days of the rejection; the appeal must identify the specific error in FMCSA's decision; the Administrator's ruling is final agency action subject to judicial review
  • § 365.113 — Post-filing changes: applicants may modify their authority request (e.g., adding commodity types, expanding geographic scope) after filing but before a grant decision; material changes restart the 10-day public notice period
  • § 365.115 — Transfer and change of ownership: operating authority is non-transferable by assignment; when a carrier changes ownership, the new entity must obtain new authority; a carrier that continues operations under the old entity's USDOT number and operating authority without reregistering is operating illegally

  FMCSA operating authority is the legal permission to operate as a for-hire carrier in interstate commerce. Operating without authority — or operating under revoked authority — is a strict liability violation subject to inflation-adjusted civil penalties (roughly $13,000–$19,000 per offense in 2026 depending on category) and criminal prosecution for knowing violations. The distinction between operating for hire (requiring authority) and operating private carriage (which does not require FMCSA operating authority, only a DOT number) is determined by whether the transportation is for compensation and whether the primary business is transportation. FMCSA's SAFER database (safer.fmcsa.dot.gov) is publicly searchable and shows every carrier's current authority status, safety rating, inspection history, and insurance filings — brokers, shippers, and insurers routinely check it before engaging a carrier.

• 49 CFR Part 380 — FMCSA Special Training Requirements (31 sections — two distinct training programs: mandatory entry-level driver training for new CDL applicants, and specialized training for operators of Longer Combination Vehicles):

  • §§ 380.101–380.113 / Subparts A–D — Longer Combination Vehicle (LCV) training: operators of LCV Doubles (tractor + two trailers, total weight over 80,000 lbs) and LCV Triples (tractor + three trailers) must complete an FMCSA-approved LCV driver-training program before operating on public roads; training covers 7 knowledge areas (vehicle inspection, basic vehicle control, shifting and backing, coupling/uncoupling, pre-trip inspection, hazmat awareness, and emergency procedures) plus hands-on skills; a prerequisite of 6 months behind a Class A CDL with double/triple trailer endorsement is required before entering LCV training; upon completion, drivers receive a Driver-Training Certificate (§ 380.401) that must be carried at all times while operating an LCV
  • §§ 380.600–380.609 / Subpart F — Entry-Level Driver Training (ELDT), effective February 7, 2022: any person applying for their first Class A or Class B CDL, upgrading from Class B to Class A, or first obtaining a hazmat, passenger, or school bus endorsement must complete formal theory and behind-the-wheel (BTW) training from a provider listed on FMCSA's Training Provider Registry (TPR); theory training covers safe operations, shifting, backing, coupling, pre-trip inspection, hazardous materials, and emergency response; BTW training must be performed in the actual class of vehicle the driver will operate; there is no minimum hour requirement — training ends when the provider certifies the student has demonstrated proficiency; the training provider uploads certification to FMCSA's data system, and states must confirm certification before issuing the CDL or endorsement (see 49 CFR § 384.230)
  • §§ 380.700–380.713 / Subpart G — Training Provider Registry (TPR): training providers must register with FMCSA and meet minimum eligibility requirements — a valid EIN, a primary contact person, appropriate insurance, and compliance with state licensing requirements for truck driving schools; FMCSA maintains the public TPR at tpr.fmcsa.dot.gov; unlisted providers cannot issue ELDT certifications; a provider may be removed from the TPR for false certifications, systemic training deficiencies, or regulatory violations

  The ELDT rule (published at 81 FR 88732, December 8, 2016, effective February 7, 2022) was the culmination of more than a decade of rulemaking after FMCSA found that Class A CDL applicants previously could obtain a CDL with no standardized formal training — just by passing the state knowledge and skills tests. Studies showed that a large proportion of large-truck crashes involved drivers in their first year of operation. The 2022 ELDT requirements represent the most significant change to CDL qualification since the 1986 Commercial Motor Vehicle Safety Act. States must report ELDT certification data to FMCSA's CDL Information System, and employers must verify certification through the CDLIS before allowing an ELDT-required driver to operate.

• 49 CFR Part 381 — Waivers and exemptions from safety regulations (§§ 381.215, 381.225 — waiver request procedures, contact information)

• 49 CFR Part 350 — Motor Carrier Safety Assistance Program and High Priority Program (33 sections — the federal formula grant program that funds state and local commercial vehicle enforcement; MCSAP is how the highway patrol officer who pulls over an overloaded truck or an out-of-hours driver gets paid and equipped):

  • § 350.201 — Purpose: MCSAP is a federal formula grant to states to reduce the number and severity of CMV crashes, injuries, and fatalities; only states (not local governments) receive MCSAP grants directly from FMCSA; states may sub-grant to local law enforcement agencies
  • § 350.203 — National MCSAP elements: grantee activities must support at least one of the seven national elements — (1) driver inspections, (2) vehicle inspections, (3) traffic enforcement, (4) investigations, (5) new entrant safety audits, (6) border commercial vehicle programs, and (7) outreach/education; states must document how their spending advances the national elements in their Commercial Vehicle Safety Plan (CVSP)
  • § 350.207 — Conditions to qualify: to receive MCSAP, a state must: designate a lead state agency; adopt and enforce laws that are compatible with the Federal Motor Carrier Safety Regulations (FMCSRs); certify that its inspection personnel meet minimum training standards; and maintain a data quality program that feeds into FMCSA's national Motor Carrier Management Information System (MCMIS)
  • § 350.209 — CVSP requirement: states must submit a 3-year Commercial Vehicle Safety Plan describing their program objectives, performance measures, and budget; the CVSP must identify the state's specific CMV safety problems and how MCSAP-funded activities will address them; FMCSA reviews and approves the CVSP before funds are obligated
  • § 350.217 — Fund allocation formula: MCSAP funds are allocated among states using a formula that weights CMV registrations, lane miles, and CMV crash fatalities; the allocation is not fully proportional — territories receive not more than 0.49% of total MCSAP funds, and small states have minimum allocations
  • § 350.223 — Federal/state cost share: FMCSA reimburses at least 85% of eligible costs; states contribute a minimum 15% match, which may be satisfied with in-kind contributions (e.g., state police vehicle costs, dispatcher salaries); the 85/15 split is more favorable than most federal grant programs
  • § 350.231 — Consequences of noncompliance: if a state fails to perform according to its CVSP or fails to maintain compatible laws, FMCSA may withhold or reduce MCSAP funding; in extreme cases, FMCSA can terminate funding entirely and reallocate to other states; the penalty threat is the primary mechanism enforcing state compatibility with the FMCSRs
  • §§ 350.401–350.417 — High Priority Program: a competitive (non-formula) grant program FMCSA uses to fund targeted CMV safety projects — high-risk crash corridor enforcement, hazardous materials movement security, new entrant safety outreach, and similar focused projects; unlike MCSAP, High Priority grants are available to states, local governments, Indian tribes, and other entities; FMCSA publishes a Notice of Funding Opportunity (NOFO) at least 30 days before the application period closes

  MCSAP is the backbone of roadside commercial vehicle enforcement in the United States. Total MCSAP funding is approximately $375–400 million annually (IIJA-authorized levels), making it one of the largest federal public safety grant programs outside of the law enforcement assistance programs. Every state that accepts MCSAP funding must make its laws compatible with the FMCSRs — this is the federal mechanism that creates a national de facto standard for CMV safety regulation, even though trucking regulation is otherwise subject to interstate commerce federalism. States that want to set lower standards (e.g., shorter rest periods, lighter vehicle weight limits for intrastate trucking) must obtain FMCSA variance approval or risk losing MCSAP funding.

• 49 CFR Part 371 — Brokers of property (§§ 371.105, 371.121 — motor carrier DOT number requirements, penalties)

• 49 CFR Part 392 — Driving of Commercial Motor Vehicles: the FMCSA's operational driving rules that apply to every CMV driver on every trip — the behavioral standards that complement Part 391's qualification requirements and Part 393's equipment requirements:

  • § 392.3 — Ill or fatigued operator: no driver may operate a CMV while their physical or mental condition impairs their ability to drive safely; no carrier may require or permit a driver to drive when ill or fatigued; this provision is broader than hours-of-service (Part 395) — it applies whenever the driver is unfit, regardless of hours count
  • § 392.4 — Drug prohibition: drivers may not use or possess any Schedule I–V controlled substance while on duty; the zero-tolerance rule applies on duty and at any time when the drug would still be impairing; drivers must be medically certified for any lawfully prescribed drug that could affect safety
  • § 392.5 — Alcohol prohibition: no driver may operate a CMV while possessing alcohol (except as part of a shipment), while under the influence of alcohol, within 4 hours of consuming alcohol, or with a BAC of 0.04% or higher; the 0.04% standard is half the 0.08% standard for private vehicle drivers; a BAC between 0.02% and 0.04% prohibits driving for 24 hours from the time of the test
  • § 392.6 — Speed limit compliance: no motor carrier may schedule a run, or dispatch a driver, on a schedule that can only be met by exceeding speed limits; if road conditions (weather, traffic, construction) prevent on-time arrival at legal speeds, the driver must arrive late — the carrier may not pressure drivers to violate speed limits through schedule design
  • § 392.10 — Railroad grade crossings — stopping required: buses, trucks carrying passengers, and vehicles transporting hazardous materials in quantities requiring placarding must stop at all highway-rail grade crossings (listen and look both ways for trains before proceeding); the stopping requirement applies regardless of whether a signal device is present
  • § 392.14 — Hazardous conditions: when weather, visibility, or road conditions deteriorate, the driver must exercise extreme caution and reduce speed; if conditions become sufficiently dangerous, the driver must stop and wait at the nearest safe location until conditions improve — even if doing so delays delivery
  • § 392.15 — Prohibited driving status: drivers whose CDL is suspended, revoked, or cancelled (including disqualifications under the Drug and Alcohol Clearinghouse) may not operate any CMV; carriers must check CDL status and Clearinghouse enrollment before allowing a driver to operate
  • § 392.16 — Seatbelts: all CMV occupants — driver and any passengers — must use the vehicle's seatbelt while the vehicle is in motion; motor carriers must require and enforce seatbelt use; unbelted occupants in CMV crashes are a significant factor in fatalities
  • § 392.22 — Emergency signals: when a CMV is stopped on a roadway or shoulder and cannot be moved, the driver must (a) activate hazard warning flashers immediately and (b) place three bidirectional reflective warning triangles (or equivalent) within 10 minutes: one at the trailer rear, one 100 feet behind, one 100 feet ahead (or appropriate modifications for divided highways and hills)
  • § 392.60 — Unauthorized passengers: CMV drivers may not transport passengers unless specifically authorized in writing by the carrier; the restriction prevents unauthorized riders who could distract the driver or create liability; a driver transporting a family member is violating this rule unless the carrier has explicitly authorized it in writing

• 49 CFR Part 393 — Parts and Accessories Necessary for Safe Operation: the FMCSA's comprehensive vehicle equipment standard covering every safety-critical component that a commercial motor vehicle must have before operating on public roads. Part 393 is one of the most-cited regulations during roadside inspections — defects found in brakes, lights, cargo securement, or tires can result in vehicle out-of-service orders. Key subparts:

  • Subpart B — Lamps, Reflective Devices, and Electrical Wiring (§§ 393.11–393.33): CMVs must have a specified complement of headlamps, tail lamps, stop lamps, turn signals, hazard flashers, clearance lamps, side marker lamps, identification lamps, and reflex reflectors — all in working condition; § 393.11 contains the master table of required lamps and their specifications; lighting failures are among the most common inspection deficiencies
  • Subpart C — Brakes (§§ 393.40–393.57): brakes are required on all wheels (with narrow exceptions); air brake systems must include a spring parking brake capable of holding the vehicle on any grade; § 393.52 establishes the stopping distance performance standard (e.g., 216 feet from 60 mph for combination vehicles); brake adjustment limits are strictly defined — out-of-adjustment brakes are a leading cause of out-of-service orders during roadside inspections
  • Subpart I — Protection Against Shifting and Falling Cargo (§§ 393.100–393.136): the most operationally complex subpart, covering cargo securement for all CMVs — not just flatbeds:
    • § 393.100 — General requirements: cargo must be immobilized or secured; aggregate working load limit of all tiedowns must be at least 50% of cargo weight
    • § 393.102 — Minimum performance criteria: tiedown breaking strength and Working Load Limit (WLL) calculations govern the number of tiedowns required
    • § 393.106 — Number of tiedowns by cargo length: under 5 feet (1 tiedown minimum); 5–10 feet (2); each additional 10 feet adds 1 more; all articles must be immobilized in all directions
    • §§ 393.116–393.136 — Commodity-specific rules: logs, lumber, metal coils, paper rolls, automobiles, intermodal containers, heavy equipment — each with unique securement requirements based on shape, density, and failure modes
  • Subpart G — Miscellaneous Parts and Accessories (§§ 393.60–393.88): fuel system integrity, glazing requirements (windshield obstruction and damage limits), fifth wheel and coupling device standards, rear impact guards, mudflaps
  • § 393.95 — Emergency Equipment: every CMV must carry three bidirectional reflective triangles (or substitute warning devices), a fire extinguisher of specified minimum rating, and HazMat placard kit where applicable

  Compliance is checked during roadside inspections by CVSA-certified inspectors. Vehicles with out-of-tolerance brakes, lighting failures on required lamps, or improperly secured cargo may be placed out of service immediately. High out-of-service rates accumulate in FMCSA's Safety Measurement System (SMS) and can affect carrier operating authority.

• 49 CFR Part 385 — Safety Fitness Procedures (110 sections across 12 subparts — FMCSA's system for rating motor carrier safety performance, administering the new entrant safety assurance program for newly registered carriers, and issuing hazardous materials safety permits for the most dangerous cargo categories):

  Safety Rating System (Subpart A):

  • § 385.1 — Scope: Part 385 establishes FMCSA's procedures to determine the safety fitness of motor carriers, assign safety ratings, direct carriers to take remedial action, and prohibit carriers rated "Unsatisfactory" from operating; ratings flow from compliance reviews (on-site examinations of carrier records and operations)
  • § 385.11 — Notification: FMCSA provides a carrier written notice of its safety rating within 30 days of the compliance review that generated the rating; the rating is proposed for 45 days, during which the carrier may challenge it; after 45 days without successful challenge, the rating becomes final
  • § 385.13 — Unsatisfactory rating consequences: a carrier with a final "Unsatisfactory" rating is prohibited from operating CMVs in interstate or foreign commerce; it is also ineligible for federal contracts; no carrier with an Unsatisfactory rating may transport passengers, hazardous materials requiring placarding, or any property — the rating operates as a shutdown order
  • § 385.15 — Administrative review: a carrier may request administrative review of a proposed rating if it believes FMCSA made a factual or legal error; the carrier must file within 30 days of the proposed rating; the review officer may affirm, modify, or delete the proposed rating; administrative review is the first step before challenging a rating in federal court
  • § 385.17 — Rating upgrade: a carrier with a "Conditional" or "Unsatisfactory" rating that takes corrective action may request a rating upgrade; the carrier must certify that it has corrected all deficiencies and submit documentation; FMCSA conducts a follow-up compliance review to verify the corrections; a successful upgrade removes the operational restrictions

  New Entrant Safety Assurance Program (Subpart D, 25 sections): Every newly registered motor carrier enters an 18-month probationary period before receiving a permanent operating rating.

  • § 385.307 — Monitoring period: new entrants are subject to enhanced safety monitoring for 18 months after registration; during this period, roadside inspection data, crash reports, and complaint records are tracked; FMCSA may conduct expedited safety audits at any time if the carrier's roadside performance raises safety concerns
  • § 385.309 — Safety audit purpose: FMCSA must conduct a safety audit within 12 months of a new entrant's first trip in interstate commerce; the audit is educational (to help new carriers understand their compliance obligations) and evaluative (to determine whether the carrier has adequate safety management controls); audits examine hours-of-service records, driver qualification files, vehicle maintenance records, drug/alcohol testing programs, and cargo securement practices
  • § 385.315 — Failed safety audit: a new entrant that fails the safety audit (demonstrates that it does not have adequate safety management controls) must implement a corrective action plan within 60 days or face a show-cause order why its registration should not be revoked; a new entrant that fails to pass a follow-up audit or comply with FMCSA's corrective action directives has its operating registration revoked — it cannot restart as a new entrant under the same individuals or corporate structure
  • § 385.319 — Satisfactory completion: a new entrant that passes its safety audit and completes 18 months of monitoring without a failed compliance review "graduates" from the new entrant program and receives a permanent safety rating based on its compliance history

  Reincarnated Carriers (Subpart L, 10 sections): One of the most practically significant provisions in Part 385 targets carriers that attempt to evade an Unsatisfactory rating or registration revocation by shutting down and reopening under a new name or DOT number.

  • § 385.1005 — Prohibition: two or more motor carriers may not use common ownership, management, control, or familial relationship to enable any carrier to avoid a safety rating determination or the consequences of an Unsatisfactory rating; the common control standard is broad — shared officers, directors, substantial ownership overlap, or shared operational management are all indicative
  • § 385.1007 — Determination: FMCSA may issue an order to suspend or revoke registration if it determines that a "new" carrier is a continuation of a carrier with an Unsatisfactory rating or revoked authority; evidence reviewed includes officers, terminal locations, equipment, drivers, shippers, and business practices
  • § 385.1011 — Revocation: a reincarnated carrier that evades an Unsatisfactory rating faces revocation of its registration and civil penalties; the revocation applies to all entities sharing the common control, preventing the principals from simply creating yet another new entity

  Part 385's new entrant and reincarnated carrier provisions address a persistent compliance problem: the "chameleon carrier" that dissolves an unsafe operation to escape an Unsatisfactory rating and immediately reestablishes under a new name. The 18-month monitoring period and the common control standard together create a compliance history that follows individuals even when they change corporate structure.

• 49 CFR Part 387 — Minimum Levels of Financial Responsibility for Motor Carriers (50 sections across 4 subparts — the FMCSA's insurance mandate for trucking companies; sets the minimum liability coverage that every for-hire carrier must maintain as a condition of operating authority, and governs the surety bond and insurance filing requirements that activate that coverage on behalf of the public):

  Subpart A — Motor Carriers of Property (§§ 387.1–387.19):

  • § 387.7 — Coverage required continuously: no motor carrier may operate until it has in effect the required minimum liability coverage; coverage must remain in effect continuously — a policy cancellation does not become effective against the public for 35 days after FMCSA and the affected states receive written notice; this 35-day window gives FMCSA time to revoke the carrier's operating authority before an uninsured truck can take to the road
  • § 387.9 — Minimum coverage levels (the core table, unchanged since 1985): property carriers in interstate commerce must maintain at minimum:
    • $750,000 public liability for freight carriers operating vehicles ≥10,001 lbs (non-hazmat, non-bulk)
    • $1,000,000 for carriers transporting oil or other pollutants in vehicles ≥10,001 lbs
    • $5,000,000 for carriers transporting radioactive materials, explosives (Class A/B), or any hazardous substance in bulk
    • Private carriers of hazmat/explosive/radioactive materials: $5,000,000
    • For-hire and private carriers in vehicles under 10,001 lbs transporting non-hazmat: $300,000
  • § 387.15 — Form MCS-90: the standard endorsement form that must be attached to every liability insurance policy for property carriers; the MCS-90 provides that the insurer will pay any judgment for public liability against the insured up to the policy limits, even if the carrier violated insurance policy conditions — the endorsement runs in favor of the public, not just the carrier; Form MCS-82 is the equivalent surety bond form

  Subpart B — Motor Carriers of Passengers (§§ 387.25–387.39):

  • § 387.33 — Passenger carrier minimums: for-hire carriers of passengers must maintain at minimum:
    • $5,000,000 for vehicles designed to transport more than 15 passengers (large buses, intercity motorcoaches)
    • $1,500,000 for vehicles designed to transport 15 or fewer passengers (vans, minibuses)
  • The passenger carrier requirements apply to interstate bus operations, charter carriers, and school transportation contractors operating in interstate commerce

  Subpart C — Surety Bonds and Policies of Insurance (§§ 387.301–387.323):

  • § 387.303 — Property broker bond requirement: property brokers must maintain a $75,000 surety bond (Form BMC-84) or trust fund (Form BMC-85); this amount was raised from $10,000 by MAP-21 (2012) to address widespread broker insolvency claims; the broker bond protects motor carriers who delivered freight under a broker's arrangement but were never paid
  • § 387.307 — Freight forwarder bond: surface freight forwarders must maintain a $10,000 surety bond or equivalent trust fund (Form BMC-84/85) — significantly lower than broker bonds because forwarders are considered lower-risk intermediaries

  The $750,000 minimum liability for standard freight carriers has not been adjusted for inflation since it was set in 1985 — in 2025 dollars, that represents approximately $2.2 million in 1985 purchasing power. The insurance industry, trucking carriers, and FMCSA have all acknowledged that the minimum is below the cost of serious crashes involving large commercial vehicles, particularly those with multiple fatalities. The FMCSA conducted a minimum insurance levels study in 2014 and has revisited the question in subsequent NPRMs, but has not yet promulgated a final rule increasing the minimums. The MAP-21 Act (2012) directed FMCSA to study the minimums, and advocacy groups representing crash victims regularly push for increases to $2M–$5M for standard freight carriers. As of 2026, the $750,000 minimum remains in effect.

  Recent rulemakings: 83 FR 16226 and 83 FR 22877 (2018) updated the electronic filing requirements for insurance certificates and bonds and clarified the definitions applicable to exempt for-hire carriers.

• 49 CFR Part 397 — Transportation of Hazardous Materials; Driving and Parking Rules (34 sections — the FMCSA's operational driving and parking standards specific to hazmat CMV operations; applies to every motor carrier transporting hazardous materials in quantities requiring placarding and to their drivers):

  • § 397.3 — State and local laws: every motor vehicle containing hazardous materials must be driven and parked in compliance with applicable state and local laws, ordinances, and regulations; when federal regulations are more restrictive than state law, federal standards apply; drivers must know the rules of each jurisdiction they traverse
  • § 397.5 — Attendance and surveillance: a motor vehicle containing Division 1.1, 1.2, or 1.3 explosives (mass detonation hazard) must be attended at all times by its driver or a qualified representative of the carrier — the attendant must be awake, know what actions to take in an emergency, and be authorized to move the vehicle; for other hazmat loads, the vehicle must be attended when in a congested area or when practicable in any case
  • § 397.7 — Parking restrictions for explosives: CMVs carrying Division 1.1, 1.2, or 1.3 explosives may not be parked under any bridge, tunnel, or overhead structure; within 5 feet of a traveled portion of a public road; within 300 feet of a fire, open flame, or any place where smoking is permitted; or in a congested area where an emergency evacuation would be difficult; when parking is unavoidable, the vehicle must be attended and not parked on a public street in or near a residential area or commercial district
  • § 397.11 — Fire prohibition: a hazmat vehicle may not be operated near an open fire unless the driver has first ascertained that the vehicle can safely pass without stopping; this reflects the elevated ignition risk from open flames near flammable, oxidizer, or explosive materials
  • § 397.13 — Smoking prohibition: no person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of a motor vehicle carrying explosives, flammable liquids, flammable gases, flammable solids, oxidizing materials, or organic peroxides
  • § 397.15 — Fueling procedures: when fueling a hazmat CMV, the engine must not be running, and a person must be in control of the fuel nozzle throughout the fueling; refueling creates static electricity and vapor concentration risks that require active control
  • § 397.17 — Tire inspection: a driver must examine each tire at the start of each trip and each time the vehicle is parked; any tire that is overheated (cannot be touched with a bare hand), flat, or leaking must be removed and placed at a safe distance; a hazmat vehicle must not be driven with a tire in those conditions, and the carrier must be notified; this rule reflects the elevated risk of tire failure cascades on loaded hazmat vehicles
  • § 397.19 — Instructions and documents for explosives: a motor carrier transporting Division 1.1, 1.2, or 1.3 explosive materials must provide the driver with a copy of the carrier's instructions on procedures to follow in case of accident or delay; the driver must carry those instructions throughout the trip and know their contents
  • § 397.101 — Radioactive materials routing: drivers transporting highway route controlled quantities (HRCQs) of radioactive materials — the highest-activity category, typically used in cancer treatment equipment or industrial radiography sources — must use the routes designated or pre-approved by state routing agencies; carriers must give advance notice to states through which HRCQ shipments will travel; the routing requirements implement the objective of keeping the highest-radiation loads off the most densely populated routes
  • §§ 397.61–397.77 — Non-radioactive hazardous materials (NRHM) routing: states and Indian tribes may establish preferred routes for NRHM shipments (tanker trucks carrying gasoline, chlorine, explosives) only if the route meets federal standards designed to minimize overall risk; FMCSA determines whether state routing designations preempt one another when they conflict; carriers have a duty to comply with NRHM routing designations and must monitor for route changes

  Part 397 works in tandem with the hazmat shipping paper, labeling, placarding, and packaging rules in 49 CFR Parts 171–180 (the Pipeline and Hazardous Materials Safety Administration's packaging standards) and the FMCSA's general safety regulations in Parts 391–396. Carriers transporting hazmat must comply with both sets of rules simultaneously — Part 397 governs the driving operations, while PHMSA's rules govern how the material is packaged and documented. See Hazardous Materials Transportation for the full PHMSA regulatory framework.

• 49 CFR Part 374 — Passenger Carrier Regulations (25 sections — FMCSA's civil rights and consumer service standards for interstate motor carriers of passengers; applies to every for-hire bus and motorcoach carrier subject to 49 U.S.C. Subtitle IV, Part B, including intercity carriers, commuter buses, charter operators, and tour carriers):

  • § 374.101 — Nondiscrimination in seating: no motor carrier of passengers may operate a vehicle in interstate commerce on which seating is based upon race, color, creed, or national origin; this prohibition applies to all seating assignments, boarding procedures, and terminal waiting areas under the carrier's control — the regulatory implementation of civil rights guarantees for interstate bus travel dating to ICC desegregation orders of the 1960s
  • § 374.103 — Anti-discrimination notice on tickets: every ticket sold for interstate transportation must bear a notice informing the passenger that seating is without regard to race, color, creed, or national origin and that violations may be reported to FMCSA
  • § 374.105 — Terminal facility nondiscrimination: no carrier may provide, maintain, arrange for, utilize, or make available any terminal facility in interstate commerce that separates or segregates passengers based on race, color, creed, or national origin; a carrier that allows its passengers to use a segregated terminal violates Part 374 regardless of whether the terminal is owned by the carrier or a third party
  • § 374.107 — Terminal posting: every terminal facility used in interstate commerce must display a conspicuous notice stating that the terminal is operated in accordance with nondiscrimination requirements; the carrier — not just the terminal owner — is responsible for ensuring the notice is posted in all areas where its passengers wait, purchase tickets, and board
  • § 374.111 — Reporting interference: if any carrier is prevented by state or local authorities, terminal operators, or other persons from complying with the nondiscrimination requirements, the carrier must report the interference to FMCSA within 15 days
  • § 374.201 — Smoking prohibition: all motor carriers of passengers must prohibit smoking (including carrying lit cigars, cigarettes, and pipes) on all interstate passenger vehicles; the driver must enforce the prohibition; the rule applies to every vehicle on every trip, not just at certain times or in certain areas — there is no smoking section permitted on interstate buses
  • § 374.305 — Ticketing and information service (regular-route carriers): during business hours at each terminal or station, carriers must provide accurate information on schedules, tickets, fares, and baggage; agents must be trained to answer schedule and service questions; if a ticket agent cannot answer a question, a means of obtaining the answer must be available
  • § 374.307 — Baggage service: carriers must issue receipts (which may be preprinted tickets) for all checked baggage; if baggage checking is not available at the bus side, checked baggage allowances and limitations must be disclosed at ticket purchase; unchecked baggage on the bus must fit in overhead compartments or under the seat without projecting into the aisle
  • § 374.309 — Terminal security and facilities: all terminals and stations must be regularly patrolled and provide adequate security for passengers; when a terminal is closed during scheduled departures or arrivals, shelter facilities must be accessible
  • § 374.311 — Schedule and service obligations: carriers must establish schedules that can reasonably be met, including connections at junction points; carriers may not arbitrarily discontinue or reduce service without complying with applicable notice and approval requirements

  Part 374's nondiscrimination provisions are among the oldest in FMCSA's regulatory framework — they descend directly from Interstate Commerce Commission desegregation orders issued following Boynton v. Virginia (1960) and the Freedom Rides that forced federal enforcement of interstate transit equality. Today these provisions apply to the entire intercity motorcoach industry: Greyhound, FlixBus, megabus, charter operators, and commuter shuttles. The smoking prohibition has been in effect since 1990. The service obligations in Subpart C (§§ 374.301–374.311) give passengers a federal regulatory basis for complaints about schedule changes, baggage handling failures, and terminal conditions — complaints may be filed with FMCSA's consumer division at fmcsa.dot.gov.

• 49 CFR Part 395 — Hours of Service of Drivers: the FMCSA's primary driver fatigue prevention rule — the rule that sets maximum daily and weekly driving limits for commercial motor vehicle operators. While the page's "How It Works" section covers HOS in plain English, Part 395 is the specific regulatory text governing compliance:

  • § 395.3 — Property-carrying drivers (trucks): the standard property-carrying driver rule: 11 hours of driving permitted within a 14-hour on-duty window after 10 consecutive hours off-duty; 30-minute break required after 8 hours of cumulative driving time since last break; weekly cumulative limit of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days depending on whether the carrier operates every day of the week; a 34-hour restart provision allows drivers who have reached the weekly limit to reset their time after spending at least 34 consecutive hours off duty; the 34-hour restart requires at least two consecutive periods of 1 a.m. to 5 a.m. "home terminal time" — a provision that has been litigated and modified repeatedly
  • § 395.5 — Passenger-carrying drivers (buses): slightly different limits reflecting the nature of passenger operations: 10 hours of driving after 8 consecutive hours off duty; may not drive beyond the 15th hour after coming on duty; no weekly driving limit equivalent (unlike truck drivers, bus drivers are not subject to the 60/70-hour limits); the structural difference reflects that bus routes are typically scheduled operations with predictable endpoints, while trucking involves variable-length loads and routes
  • § 395.8 — Driver's record of duty status (RODS): the regulatory requirement for the logbook (now ELD record); drivers must record their status in 24-hour periods showing: off-duty, sleeper berth, driving, and on-duty (not driving); the ELD mandate (49 CFR Part 395 Subpart B) made electronic logging devices mandatory for virtually all CMV drivers since December 2019; ELDs automatically capture engine-on/off events, location data, and driving time, making it far more difficult to falsify logs than the paper predecessor; Part 395 still allows paper logs in specific exception categories (vehicles older than model year 2000; short-haul exemptions; driveaway-towaway operations)
  • Short-haul exemptions: drivers operating within a 150 air-mile radius of their work reporting location may use the short-haul exception — no RODS required, but must still comply with the 11-hour and 14-hour limits; this exemption covers most local delivery and regional distribution drivers; drivers who exceed the 150-mile boundary lose the exemption for that entire day
  • Agricultural operations and livestock: drivers operating certain agricultural commodities (animals, plants, livestock) within a 150 air-mile radius of the source or destination may claim seasonal agricultural exemptions that suspend HOS requirements during planting or harvest periods; these exemptions are geographically and temporally limited and subject to state agreement

  Part 395 enforcement is the most common cause of out-of-service orders for drivers at roadside inspections. Hours of service violations account for approximately 40% of all driver out-of-service orders in the North American commercial vehicle inspection system. A driver placed out of service for an HOS violation must accumulate the required off-duty time before resuming driving; carriers are not allowed to dispatch a driver who would violate HOS.

• 23 CFR Part 658 — Truck Size and Weight, Route Designations — Length, Width and Weight Limitations: FHWA's implementing regulation for the federal dimensional limits on commercial motor vehicles operating on the National Network — the federally designated highway system (Interstates plus certain designated routes) on which the Surface Transportation Assistance Act (STAA) limits apply. The National Network covers approximately 200,000 miles of U.S. highways:

  • § 658.13 — Length limits: the STAA authorizes 48-foot semitrailer length as the federal minimum that states must allow on the National Network (states may permit longer trailers but cannot impose shorter limits for semitrailers); the second trailer in a truck-tractor/semitrailer/trailer combination must be at least 28 feet; no maximum total combination length is set at the federal level for double-trailer combinations — this creates the situation where turnpike doubles and Rocky Mountain doubles operate at varying total lengths in different states; states cannot prohibit 48-foot semitrailers or 28-foot doubles on the National Network
  • § 658.15 — Width limit: 102 inches (8.5 feet) is both the maximum and minimum width limit states may impose on the National Network; a state cannot set a stricter width limit than 102 inches for vehicles on the National Network; the 102-inch limit replaced the prior 96-inch limit after STAA concluded that 102-inch (2.6 meter) trucks were safe and economically beneficial; structural elements, safety devices, and non-cargo-carrying add-ons are excluded from width measurement under § 658.16
  • § 658.17 — Weight limits: the Interstate Highway System is subject to federal weight limits: 80,000 lbs gross vehicle weight, 20,000 lbs on any single axle, and 34,000 lbs on any tandem axle group; the gross weight limit is also governed by the Bridge Formula (23 U.S.C. § 127) — a calculation based on axle spacing that prevents concentrating excessive weight in a short wheelbase; a vehicle can only carry its maximum gross weight if its axles are spread sufficiently to comply with the Bridge Formula; the weight limits apply to the Interstate system; non-interstate National Network routes follow state limits
  • § 658.19 — Reasonable access: states must provide reasonable access between the National Network and fuel, food, and repair facilities — trucks operating on the National Network cannot be legally prohibited from reaching terminals and loading/unloading facilities within a short distance of the NN even on roads that otherwise prohibit oversize trucks; state "reasonable access" policies vary in how far from the NN they extend
  • § 658.23 — LCV freeze: states may not allow operation of Longer Combination Vehicles (LCVs) — trucks with total weight exceeding 80,000 lbs or three or more trailers — beyond the routes and configurations in effect in 1991; the LCV freeze prevents any state from expanding LCV operations since 1991; states that had LCVs before 1991 (principally western states with turnpike doubles and Rocky Mountain doubles) may continue those operations but cannot expand them; this freeze has been debated because LCV proponents argue they improve trucking efficiency and reduce per-mile fatalities

  The Part 658 size and weight framework creates the foundation of commercial vehicle route planning. Carriers operating on-highway must track which routes are National Network (where STAA limits apply), which are Interstates subject to the Bridge Formula, and which are state roads where local dimensional limits may be stricter. Oversize/overweight operations (moving equipment or loads exceeding standard limits) require state permits — these are typically obtained through state DOT permit offices and often require pilot cars, restricted travel hours, and designated routes. The federal size and weight limits interact directly with the hours-of-service framework (Part 395) and vehicle maintenance standards (Part 396) in determining carrier compliance obligations.

• 49 CFR Part 376 — Lease and Interchange of Vehicles: the FMCSA regulations governing the contractual relationship between authorized for-hire motor carriers and the owner-operators (independent truckers) whose equipment they use. When a carrier whose operating authority covers property transportation uses a truck it does not own — typically an owner-operator's tractor — a written lease is required under the Household Goods and Freight Forwarder Act. Part 376 implements those lease requirements for general property carriers (Part 375 handles household goods separately). Authority: 49 U.S.C. § 13301.

  • § 376.11 — Written lease required: an authorized carrier may use equipment it does not own only under a written lease that grants it full control of the equipment for the lease term; the carrier must have exclusive possession, use, and control — an owner-operator who retains dispatch authority or the ability to haul for others during the lease term is not a compliant lease arrangement; the lease must be signed before operations begin and the carrier must carry a copy in the vehicle at all times during the lease term
  • § 376.12 — Required lease provisions: the written lease must specify: (a) the equipment covered and its USDOT identification number; (b) the exact period of the lease; (c) compensation to the owner-operator (rate per mile, percentage of revenue, or flat amount); (d) that payment will be made within 15 days after billing submission; (e) that the owner-operator will receive a copy of each freight bill or other revenue documentation for loads hauled; (f) provisions for front-end money or deposits (must be returned within 45 days of lease termination); (g) who is responsible for fuel, fuel taxes, empty mileage, permits, tolls, ferries, and maintenance; and (h) whether a driver is furnished by the carrier or the owner-operator
  • § 376.12(k) — The "Truth in Leasing" provisions: the lease must include specific disclosures about: (1) charge-back items the carrier will deduct from the owner-operator's pay (fuel advances, cargo insurance contributions, workers' compensation premiums if any); (2) escrow fund requirements and the conditions under which the carrier may hold or draw on escrow; (3) what happens to escrow funds if the lease is terminated; the "Truth in Leasing" rules were enacted in response to widespread carrier practices of deducting undisclosed charges from owner-operator settlements and withholding escrow deposits on pretextual grounds
  • § 376.31 — Interchange of equipment between carriers: two authorized carriers may interchange equipment (transfer a loaded trailer between carrier A and carrier B's authority for portions of a trip) under an interchange agreement; the agreement must be in writing, cover the specific equipment, designate which carrier has authority for which segment, and establish compensation; interchange is the normal mechanism for interline trucking where no single carrier has authority for the entire route
  • § 376.22 — Private carrier exemption: an authorized carrier may lease equipment to or from a private carrier (a shipper transporting its own goods) without the Part 376 lease requirements — the protective provisions are aimed at owner-operators dependent on for-hire carrier relationships, not at commercial-to-commercial arrangements between shippers and carriers

  Part 376's Truth in Leasing provisions have been the basis for significant litigation between owner-operators and large carriers over undisclosed deductions. The trucking industry's owner-operator model — in which an estimated 350,000+ owner-operators operate under carrier authority — creates an economic relationship that courts and regulators have repeatedly examined for misclassification. Whether an owner-operator is an independent contractor or a de facto employee determines the applicability of FLSA minimum wage, FMLA, and state wage laws. Part 376 addresses the regulatory side (lease terms, disclosure, payment timing) while the employment classification question is governed by separate DOL and state law standards. Most recent rulemaking: 73 FR 76805 (December 2008) — amendments clarifying compensation disclosure and deduction documentation requirements.

• 49 CFR Part 373 — Receipts and Bills of Lading: every for-hire motor carrier must issue a bill of lading for each shipment containing: names of consignor and consignee; origin and destination; description of the commodity and its weight or volume; applicable rate and charges; and the carrier's name and address. Carriers must also issue freight/expense bills (invoices) with itemized charges for each shipment transported. Freight forwarders must issue through bills of lading covering transportation from origin to ultimate destination. Low-value package shipments (e.g., parcel carriers) may use streamlined documentation under 49 U.S.C. § 14706(c). The bill of lading functions as both a receipt and a contract of carriage — it is the foundational document governing cargo liability under the Carmack Amendment (49 U.S.C. § 14706), and courts treat the bill of lading as the binding statement of the freight rate and service terms for the movement. Accurate bill of lading data also feeds the FMCSA's compliance and crash data systems, since freight bills document the cargo being transported and the carrier responsible at the time of any incident.

Pending Legislation (119th Congress)

• HR 7748 — Would enhance safety requirements for trains transporting hazardous materials. Status: Introduced.
• S 2975 (Sen. Cruz, R-TX) — PIPELINE Safety Act of 2025. Would modernize pipeline safety, raise PHMSA funding, and create a confidential industry data-sharing system. Status: In committee.

See also Hazardous Materials Transportation for additional pipeline and hazmat safety bills, and the NTSB for accident investigation.

Recent Developments

• The driver shortage remains a persistent industry challenge — the National Driver Register tracks problem drivers across state lines — approximately 60,000-80,000 driver shortfall, driving recruitment and retention initiatives
• Speed limiters on commercial vehicles have been proposed by FMCSA but not finalized
• Autonomous truck technology is advancing — FMCSA is developing a regulatory framework for autonomous commercial vehicles
• The ELD mandate has been fully implemented, with ongoing enforcement against non-compliant devices
• FMCSA's CSA program is being reformed following criticism that SMS scores are not sufficiently predictive of crash risk
• In March 2026, FMCSA renewed exemptions for 16 individuals from the hearing requirement in Federal Motor Carrier Safety Regulations, allowing hard-of-hearing drivers to continue operating commercial motor vehicles in interstate commerce.
• In February 2026, FMCSA issued several regulatory updates: removed the spare fuse requirement for commercial motor vehicles; extended the military CDL exception to dual-status military technicians; clarified that Driver Vehicle Inspection Reports (DVIRs) may be completed electronically; removed the fuel tank overfill restriction requirement; and removed obsolete references to "water carriers" from the FMCSRs.