FMCSA & DOT Regulations for Owner-Operators
Plain-language explanations of the federal rules that affect day-to-day trucking. Each one has the real CFR citation so you can verify it yourself. Topics are hours of service, ELDs, roadside inspections, drug testing, driver files, and vehicle maintenance.
Who these rules apply to
The Federal Motor Carrier Safety Regulations (FMCSRs) apply to motor carriers and drivers. They cover commercial motor vehicles in interstate commerce. That generally means vehicles with a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more (49 CFR 390.5). That covers a single owner-operator leased to a carrier just as much as a 200-truck fleet.
Many states apply the same rules, or close variants, to trucks that stay inside the state. So also check with your state DOT if you run intrastate. The summaries below are a practical starting point, not legal advice. Regulations are amended, so confirm the current text on the eCFR before you rely on a detail.
49 CFR Part 395
Hours of Service Rules for Truck Drivers
A property-carrying truck driver may drive up to 11 hours within a 14-hour window, after 10 hours off duty (49 CFR 395.3). A 30-minute break is needed after 8 hours of driving. The weekly limit is 60 hours in 7 days or 70 hours in 8 days. A 34-hour break ends the weekly period. Short-haul, sleeper berth and bad weather rules change these limits.
Key requirements
- Drivers of property-carrying commercial vehicles follow Part 395. A commercial vehicle is one rated 10,001 pounds or more that works in interstate commerce, so many box trucks count
- A driver may drive 11 hours inside a 14-hour window, and only after 10 consecutive hours off duty (49 CFR 395.3)
- No driving after 8 hours of driving without a 30-minute break. Off-duty, sleeper berth and on-duty not driving time all count as the break
- The weekly limit is 60 hours on duty in 7 days, or 70 hours in 8 days if the carrier runs every day
- A break of 34 or more hours off duty can end the weekly period. There is no limit on how often you can use it
- Short-haul drivers can skip the log and the 30-minute break. Bad weather can add up to 2 hours of driving
- FMCSA's flexible sleeper berth and split-duty pilot programs are not in effect yet. FMCSA plans to open them in 2027
49 CFR 395.8, 395.22
ELD Mandate: Who Needs an ELD
Drivers who must keep a record of duty status (RODS) have to use an electronic logging device (ELD) that is on FMCSA's registered list (49 CFR 395.8, 395.22). Paper logs are allowed on 8 days or fewer in any 30 days, for trucks built before model year 2000, and for driveaway-towaway work. Short-haul drivers may not need a log at all. If an ELD fails, the driver logs on paper and the carrier has 8 days to fix it.
Key requirements
- A motor carrier must require drivers who keep a RODS to use an ELD (49 CFR 395.8(a)). That requirement started December 18, 2017
- The ELD must be on FMCSA's registered ELD list. A phone app or dashcam tool that is not on the list does not meet the rule (49 CFR 395.22(a))
- A carrier may let a driver use paper logs if the driver needs a RODS on 8 days or fewer in any 30-day period
- Paper logs are also allowed for driveaway-towaway operations and for vehicles built before model year 2000
- A driver who qualifies for the 150 air-mile short-haul exception does not have to keep a RODS, so no ELD is needed
- If an ELD breaks, the driver must tell the carrier in writing within 24 hours and log on paper. The carrier must fix it within 8 days (49 CFR 395.34)
- The carrier keeps RODS records for 6 months. The driver keeps a copy of the last 7 days in the truck (49 CFR 395.8(k))
CVSA, 49 CFR 396.9
DOT Roadside Inspection Levels Explained
CVSA defines nine levels of roadside inspection, from the full Level I to a post-crash Level IX. Level I checks the driver and the whole vehicle. Level II is a walk-around that skips anything under the truck. Level III checks the driver and paperwork only. A violation that fails the out-of-service rules stops the driver or the vehicle until it is fixed. The carrier must certify the fixes within 15 days.
Key requirements
- Level I is the full inspection. It covers the driver, the paperwork and the whole vehicle. Some parts need the inspector to look under the truck
- Level II is a walk-around. It checks the same items as Level I, but only those the inspector can reach without getting under the truck
- Level III checks the driver and paperwork only. It checks the license, the medical certificate, the log and hours of service. It also checks the seat belt, inspection reports and carrier status
- Level V checks the vehicle only, without the driver present, at any location
- Level VIII is an electronic inspection done wirelessly while the truck is moving. Level IX is a post-crash inspection
- CVSA's out-of-service criteria are the pass-fail rules. They are updated every year, effective April 1. The current edition is 2026
- A driver must show a record of duty status for the day of the inspection and the prior 7 consecutive days (49 CFR 395.13)
49 CFR Part 382
DOT Drug and Alcohol Testing Rules
DOT drug and alcohol testing rules (49 CFR Part 382) cover drivers who must hold a CDL, with six kinds of tests. The 2026 minimum random rates are 50% for drugs and 10% for alcohol. Drivers who do not need a CDL are not covered by Part 382. Owner-operators must join a random testing consortium, because a solo driver cannot run a random pool alone.
Key requirements
- Part 382 covers drivers who must hold a CDL (49 CFR 382.103). Drivers of trucks that do not need a CDL are not covered
- There are six kinds of DOT tests. They are listed in the table below. Refusing a test is also a violation
- The 2026 minimum random rates are 50% for drugs and 10% for alcohol. They have not changed since 2020 (DOT)
- A driver cannot do safety-sensitive work at an alcohol level of 0.04 or more. Nor within 4 hours after using alcohol (49 CFR 382.201 and 382.207)
- An employer who is the only driver still needs a random pool of two or more drivers. So owner-operators join a consortium (49 CFR 382.103(b))
- Employers must check the Clearinghouse before they hire a driver. They must check it again at least once a year (49 CFR 382.701)
- DOT still tests for marijuana. DOT says its testing rules and marijuana guidance have not changed (notice updated December 19, 2025)
49 CFR 391.51
Driver Qualification File Requirements
A motor carrier must keep a driver qualification file (DQF) for each driver it employs (49 CFR 391.51). It holds the job application, motor vehicle records, a road test record, a yearly review note and proof of medical certification. Keep the file for as long as the driver works for you, plus 3 years. A DOT physical must be done by an examiner on FMCSA's National Registry.
Key requirements
- A carrier keeps a DQF for each driver it employs. The DQF may be combined with the driver's personnel file (49 CFR 391.51(a))
- The file holds the application and the motor vehicle record from hire. It holds the road test certificate or an equivalent CDL. It also holds the annual record, a note on the annual review and proof of medical certification
- At least once every 12 months, the carrier must get each driver's motor vehicle record and review it. The note names who did the review and the date (49 CFR 391.25)
- Keep the file as long as the driver is employed, and for 3 years after. Some records can be removed 3 years after they were signed or received (391.51(c) and (d))
- For a CDL driver, the carrier gets the CDLIS record that shows medical certification status. For a driver without a CDL, it keeps the medical certificate and a note that the examiner is on the National Registry
- Since June 23, 2025, a CDL or CLP driver no longer has to carry the paper medical certificate (49 CFR 391.41)
- A driver must be examined and certified at least every 24 months (49 CFR 391.45(b))
49 CFR 396.11, 396.17
DVIR and Vehicle Maintenance Rules
Under 49 CFR 396.11, a driver writes a vehicle inspection report (DVIR) at the end of each day's work only if a defect is found. A carrier that runs only one commercial vehicle is exempt from the DVIR rule. Keep DVIRs 3 months. Keep annual inspection reports 14 months. Keep maintenance records 1 year, plus 6 months after the vehicle leaves your control.
Key requirements
- A driver writes a DVIR at the end of each day's work on each vehicle. The rule says drivers do not have to write one if no defect is found (49 CFR 396.11(a))
- The rule does not apply to a carrier that operates only one commercial vehicle. It also does not apply to driveaway-towaway operations or to private passenger carriers that are not a business (396.11(a)(5))
- The carrier must fix any defect that could affect safety before the vehicle is driven again. It must certify on the DVIR that the defect was fixed or did not need repair
- Keep the DVIR, the repair certification and the driver's review certification for 3 months from the date of the report
- Every commercial vehicle needs an annual inspection, and each unit of a combination counts. Keep the inspection report 14 months (49 CFR 396.17 and 396.21)
- Keep a maintenance record on each vehicle you control for 30 days in a row. Keep it 1 year where the vehicle is housed or maintained, and 6 months after it leaves your control (49 CFR 396.3)
49 CFR 385 Subpart D
New Entrant Safety Audit Requirements
Every new motor carrier is monitored for 18 months and gets a safety audit within its first 12 months of operating. The audit reviews your driver files, hours records, maintenance, accident register and drug and alcohol testing. Sixteen violations fail it on the spot. If you fail, you have 60 days to fix the problems before FMCSA revokes your registration and puts you out of service.
Key requirements
- A motor carrier must register with FMCSA and get a USDOT number before it runs interstate. A for-hire carrier also needs operating authority, unless its freight is exempt (49 CFR 385.301)
- After that, the carrier is a new entrant for 18 months. FMCSA watches its roadside performance during that time (49 CFR 385.307)
- The law says a property carrier must have its safety review within 12 months of starting to operate. A passenger carrier gets 120 days (49 U.S.C. 31144(g))
- The audit looks at five areas: driver qualification, driver duty status, vehicle maintenance, the accident register, and drug and alcohol testing (49 CFR 385.311)
- Sixteen violations fail the audit automatically. Fourteen fail it on one occurrence. Two need 51 percent or more of the records checked to be bad (49 CFR 385.321)
- Otherwise FMCSA scores your safety controls in six factors. Three or more points in a factor means it failed. Failing three factors fails the audit (Appendix A to Part 385)
- FMCSA must send the result within 45 days. After a fail you have 60 days to fix the problems, or 45 days if you carry hazmat or certain passenger loads (49 CFR 385.319)
49 CFR 395.1
Hours of Service Exceptions and Exemptions
The hours of service rules have exceptions for farm work, short-haul trips, oilfield and utility trucks, and emergency relief. Personal conveyance and yard moves are not in that list (49 CFR 395.1 and 390.23). They are ways to log time, and FMCSA guidance and your ELD settings decide how. This page shows each exception, who can use it and what changes.
Key requirements
- Part 395 applies to all motor carriers and drivers except the cases listed in 49 CFR 395.1(b) through (x)
- The agricultural exemption lifts all of Part 395 during planting and harvest periods set by each state. It covers farm goods, farm supplies and livestock moved within 150 air miles (49 CFR 395.1(k))
- Drivers of utility service vehicles and covered farm vehicles are also outside Part 395 (49 CFR 395.1(n) and (s))
- Oilfield, well drilling and construction drivers can end their 7 or 8 day period with any 24 hour off-duty break (49 CFR 395.1(d), (l) and (m))
- Personal conveyance is off-duty driving for personal use. FMCSA guidance says you may log it only when your carrier has relieved you of work and all responsibility for work
- A yard move is not personal conveyance. FMCSA says an on-duty yard move, such as shifting the truck a short distance while waiting to load, stays on duty
- In an emergency declared by the President, parts 390 to 399 do not apply to drivers giving direct help, for up to 30 days (49 CFR 390.23)
49 CFR Part 387
Motor Carrier Insurance Requirements
A for-hire carrier of non-hazardous freight in a truck rated 10,001 pounds or more must carry at least $750,000 of liability insurance. Hazmat carriers need $1 million or $5 million, and small fleets under 10,001 pounds need $300,000 (49 CFR 387.9 and 387.303). Your insurer files proof with FMCSA, and you keep a copy at your office. If your coverage ends, FMCSA can suspend your registration.
Key requirements
- The minimum is $750,000 for a for-hire carrier hauling non-hazardous freight in interstate commerce in a vehicle with a gross vehicle weight rating (GVWR) of 10,001 pounds or more (49 CFR 387.9)
- Hazardous materials raise it. Bulk loads, such as bulk explosives and gases, need $5 million. Oil and other listed hazmat need $1 million (49 CFR 387.9)
- A fleet with only vehicles under 10,001 pounds GVWR that hauls non-hazardous freight for hire must have $300,000 on file with FMCSA (49 CFR 387.303)
- The minimum is public liability coverage. It pays others for injury, property damage and environmental cleanup. It does not pay for your own truck or your cargo
- Keep proof at your principal place of business. That is a Form MCS-90 endorsement, a Form MCS-82 surety bond, or an FMCSA self-insurance order (49 CFR 387.7(d))
- A policy must stay in effect until it ends. Either side can cancel by giving 35 days' written notice (49 CFR 387.7(b))
- Federal rules do not set a cargo insurance minimum for general freight carriers. Only household goods carriers have one ($5,000 per vehicle and $10,000 per event)
49 CFR 383 and 380
CDL Classes, Endorsements and ELDT Training
You need a CDL to drive a vehicle rated 26,001 pounds or more, one built for 16 or more people, or one that carries placarded hazmat. Class A is a heavy combination with a trailer over 10,000 pounds. Class B is a heavy single vehicle. Class C is the small passenger and hazmat group. First-time Class A and B drivers must finish entry-level driver training before the test (49 CFR 383.91 and 380.609).
Key requirements
- Class A is a combination vehicle with a gross combination weight rating (GCWR) of 26,001 pounds or more, when the trailer's own weight rating is over 10,000 pounds (49 CFR 383.91(a)(1))
- Class B is a single vehicle rated 26,001 pounds or more, or one that tows a trailer rated 10,000 pounds or less (49 CFR 383.91(a)(2))
- Class C covers vehicles that are not A or B but carry 16 or more people, including the driver, or carry hazmat that needs placards (49 CFR 383.91(a)(3))
- A Class A driver may also drive Class B and C vehicles, and a Class B driver may drive Class C, if the endorsements match (49 CFR 383.91(c))
- There are five endorsements: double or triple trailers (T), passenger (P), tank (N), hazmat (H) and school bus (S). A tank plus hazmat endorsement is coded X (49 CFR 383.93 and 383.153)
- A commercial learner's permit (CLP) requires you to be 18. You may not take the skills test for 14 days, and a CLP is valid for up to one year (49 CFR 383.25)
- Entry-level driver training (ELDT) from a provider on FMCSA's Training Provider Registry is required before the first Class A or B test, and before a first P, S or H test (49 CFR 380.609)
49 CFR 391.41 to 391.49
DOT Physical and Medical Card Requirements
Interstate truck drivers must pass a DOT physical given by an examiner listed on FMCSA's National Registry (49 CFR 391.41 and 391.43). You need a new exam at least every 24 months. Since June 23, 2025, CDL and learner's permit holders no longer carry a paper card, because the examiner reports to FMCSA and your state shows your status. Drivers without a CDL still get a certificate and carry it.
Key requirements
- A person subject to Part 391 must not drive a commercial motor vehicle (CMV) unless medically certified as physically qualified (49 CFR 391.41(a))
- A CMV in interstate commerce means a vehicle rated 10,001 pounds or more, one that carries 9 or more people for pay or more than 15 people not for pay, or one that carries placarded hazmat (49 CFR 390.5)
- The exam must be done by a medical examiner on the National Registry of Certified Medical Examiners. An eye doctor may do the vision part (49 CFR 391.43(a) and (b))
- You must be examined and certified at least every 24 months. Insulin-treated diabetes and a vision exemption call for an exam every 12 months (49 CFR 391.45)
- Since June 23, 2025, a driver who needs a CDL or CLP does not have to carry the medical certificate (49 CFR 391.41(a)(2)). A driver who does not need a CDL still carries it
- If the examiner finds you are not qualified, the examiner reports it to FMCSA and all your earlier certificates stop being valid (49 CFR 391.43(g))
- FMCSA can grant a medical variance, an exemption letter or a skill performance evaluation certificate. If you have one, carry the papers (49 CFR 391.41(a)(1)(ii))
49 CFR 382 Subpart G
Drug and Alcohol Clearinghouse Requirements
The Drug and Alcohol Clearinghouse is FMCSA's online database of CDL drivers' drug and alcohol violations, and employers must check it. They run a full query before hiring and at least once a year, with each driver's consent. A violation stays until the driver completes the return-to-duty steps and 5 years pass. A prohibited driver can lose the CDL privilege within 60 days.
Key requirements
- Each employer and service agent must register with the Clearinghouse before it queries or reports. A driver must register to see his or her own record (49 CFR 382.711 and 382.709)
- An employer must not let a driver do safety-sensitive work until it runs a full pre-employment query. The driver must give specific consent (49 CFR 382.701(a) and 382.703)
- An annual query is also required. An employer may use a limited query with the driver's consent. If it shows a record, the employer must run a full query within 24 hours (49 CFR 382.701(b))
- Medical review officers report within 2 business days. Employers report by the close of the third business day (49 CFR 382.705)
- An employer may not use a driver who is prohibited. The exception is a driver who has finished the return-to-duty steps (49 CFR 382.701(d))
- A state must downgrade a prohibited driver's CDL or CLP within 60 days (49 CFR 383.73(q))
- A driver can see his or her record for free. A driver can ask FMCSA to fix an administrative error, but cannot contest a test result in this process (49 CFR 382.721 and 382.717)
49 CFR 393 Subpart I
Cargo Securement Rules for Trucks
Cargo must be secured so it cannot fall, spill, blow off or shift (49 CFR 393.100). Your tiedowns need a combined working load limit of at least half the weight of the cargo, and a minimum number of tiedowns for the length of the load. You must check the load within the first 50 miles, then again every 3 hours or 150 miles. Some cargo has its own rules.
Key requirements
- Cargo must be loaded and secured so it cannot leak, spill, blow or fall from the vehicle, and cannot shift enough to hurt stability or steering (49 CFR 393.100)
- The combined working load limit (WLL) of your tiedowns must be at least one-half the weight of the cargo they hold (49 CFR 393.106(d))
- A tiedown's WLL is the lowest WLL of any of its parts, or of the anchor point it uses. Use the maker's marking, or the tables in the rule if it is not marked (49 CFR 393.108)
- A load that is not blocked in front needs 1 tiedown if it is 5 feet or less and 1,100 pounds or less, and 2 if it is longer or heavier, up to 10 feet. Longer loads need 1 more for each 10 feet or part (49 CFR 393.110)
- Do not use damaged tiedowns or tiedowns with knots. Use edge protection where a tiedown could be cut or worn (49 CFR 393.104)
- Inspect the load within the first 50 miles. Check it again at each change of duty status, every 3 hours or every 150 miles, whichever comes first (49 CFR 392.9(b))
- Eleven kinds of cargo have their own rules, such as logs, lumber, metal coils, containers, vehicles, heavy equipment and boulders. Those rules take precedence (49 CFR 393.106(a))
49 CFR 107, 172 and 397
Hazmat Basics for Truck Drivers and Carriers
A truck needs placards when it carries hazardous materials above certain amounts, and the driver needs a CDL with an H endorsement. Table 1 materials, such as explosives and poison gas, need placards in any amount. Table 2 materials need them at 1,001 pounds or more (49 CFR 172.504). Carriers must also register with PHMSA, train each hazmat employee every 3 years, and keep shipping papers within the driver's reach.
Key requirements
- Hazardous material is a material DOT has found can pose an unreasonable risk when transported. The term includes hazardous substances, hazardous wastes and marine pollutants (49 CFR 171.8)
- A vehicle that carries any amount of a Table 1 material needs placards on each side and each end. A Table 2 material needs placards when the load is 1,001 pounds or more in total (49 CFR 172.504)
- A driver needs a CDL with an H endorsement for a vehicle that needs placards. An owner-operator who hauls hazmat counts as a hazmat employee and a hazmat employer (49 CFR 171.8)
- Hazmat employees must be trained within 90 days of starting or changing jobs, and at least every 3 years after that. The employer keeps a training record (49 CFR 172.704)
- A carrier of placarded loads must register with PHMSA each year, which runs from July 1 to June 30 (49 CFR 107.601 and 107.608)
- The driver must carry a shipping paper and keep it within reach. It must be first in the pile or tabbed. Keep a copy for 1 year, or 3 years for hazardous waste (49 CFR 177.817)
- A vehicle with placarded hazmat must be attended on a public road. Explosives must not be parked near roads, bridges, tunnels or homes (49 CFR 397.5 and 397.7)
49 CFR 390.19 and 390.21
USDOT Number and Biennial Update Requirements
Interstate carriers need a USDOT number and must update their registration every 24 months. The month is set by the last digit of your number, and the second-to-last digit sets odd or even years (49 CFR 390.19). FMCSA's new Motus system opened on May 19, 2026. FMCSA has paused enforcement of biennial updates and inactivation of USDOT numbers for updates due on or after June 1, 2026. Your number must stay on both sides of each truck.
Key requirements
- You need a USDOT number if you run a vehicle rated 10,001 pounds or more in interstate commerce, or a vehicle that carries passengers for pay or placarded hazmat in interstate commerce (49 CFR 390.5 and FMCSA)
- You must register before you begin operations and update every 24 months (49 CFR 390.19T(b))
- The last digit of your USDOT number sets the month. If the next-to-last digit is odd, update in odd-numbered years. If it is even, update in even-numbered years (49 CFR 390.19T(b))
- Missing the update can bring penalties and deactivation of the number (49 CFR 390.19T(b)(4)). FMCSA has temporarily paused enforcement and inactivation for updates due on or after June 1, 2026
- FMCSA's registration system is now Motus. It replaces the old online application and the FMCSA Portal, and forms become fields in the system. FMCSA no longer accepts paper filings
- Show your legal name or one trade name and your USDOT number on both sides of every self-propelled CMV, readable from 50 feet in daylight (49 CFR 390.21T)
- Use only your legal name or a single trade name on your registration forms (49 CFR 390.19T(f))
49 CFR 385 Subpart A
Safety Ratings, Compliance Reviews and DataQs
A safety rating is FMCSA's grade of Satisfactory, Conditional or Unsatisfactory, given after a compliance review (49 CFR 385). It is not the same as a CSA score, which is a percentile from roadside data. An Unsatisfactory rating can shut down a carrier and end its authority. If your data is wrong, you can ask for a review in DataQs. Some not-at-fault crashes can be removed from your Crash Indicator.
Key requirements
- FMCSA assigns a safety rating after a compliance review. The ratings are Satisfactory, Conditional and Unsatisfactory (49 CFR 385.9 and Appendix B)
- A safety rating is not a CSA score. The CSA score is a percentile built from roadside inspections and crashes. The rating comes from an FMCSA review of your company
- FMCSA sends written notice of a rating within 30 days of the review. A proposed rating becomes final after 45 days for hazmat and passenger carriers, or 60 days for all other carriers (49 CFR 385.11)
- An Unsatisfactory carrier may not operate a CMV after day 45 (hazmat and passenger) or day 60 (others) from the notice. FMCSA then revokes its operating authority (49 CFR 385.13)
- You can ask for an administrative review within 90 days. If you have a proposed Unsatisfactory rating, ask within 15 days (49 CFR 385.15)
- You can ask for a better rating at any time once you have fixed the problems (49 CFR 385.17)
- DataQs is FMCSA's system for asking for a review of federal and state data you believe is wrong. New state review rules apply to requests made on or after September 18, 2026
23 CFR 658
Federal Truck Size and Weight Limits
On the Interstate, a truck may weigh up to 80,000 pounds, with 20,000 on one axle and 34,000 on a tandem (23 CFR 658.17). It must also pass the Federal Bridge Formula, which limits weight by axle spacing. The federal width limit is 102 inches on the National Network. There is no federal height limit. States set height and their own limits on other roads.
Key requirements
- On the Interstate, the gross weight limit is 80,000 pounds. The limit is 20,000 pounds on any one axle and 34,000 pounds on a tandem axle group (23 CFR 658.17(b), (c) and (d))
- A truck must also meet the Bridge Gross Weight Formula for two or more consecutive axles. Two sets of tandem axles may carry 34,000 pounds each if the first and last axle are 36 feet apart or more (23 CFR 658.17(e))
- States may not enforce lower Interstate weight limits than the federal ones, and the limits include all tolerances (23 CFR 658.17(f) and (g))
- States may not limit tire load to less than 500 pounds per inch of tire width, except on the steering axle. They may not limit the steering axle to less than 20,000 pounds or the maker's rating, whichever is lower (23 CFR 658.17(f))
- No state may set a width limit other than 102 inches on the National Network. Hawaii keeps 108 inches (23 CFR 658.15)
- No state may set a semitrailer limit below 48 feet, or a limit below 28 feet for each unit of a twin trailer combination. A state may not set an overall length limit on these combinations on the National Network (23 CFR 658.13)
- There is no federal height limit. Each state sets its own, and FHWA says most are between 13 feet 6 inches and 14 feet
13 CCR 2195 to 2199
California Clean Truck Check (HD I/M)
Clean Truck Check is California's emissions test for diesel and alternative fuel trucks over 14,000 pounds, including trucks from other states. Owners must report each truck, pay an annual fee ($32.13 for 2026) and pass a test every six months (13 CCR 2195 to 2199). In 2026 EPA disapproved the rule for out-of-state trucks, but CARB says it still enforces it.
Key requirements
- The rule covers non-gasoline heavy-duty vehicles over 14,000 pounds GVWR that drive on California roads, including trucks registered in other states (13 CCR 2195)
- To be compliant, you report the truck, pay the annual fee, submit a passing test, and have no open enforcement actions or unresolved emissions recalls (13 CCR 2196.1(b))
- The fee is set at $30 in the rule and adjusted each year for inflation. It is $32.13 for 2026 and $33.12 for deadlines on or after January 1, 2027 (CARB)
- Trucks are tested every six months now. From October 2027, trucks with on-board diagnostics are tested four times a year (CARB)
- California-registered trucks are due by DMV registration month. Out-of-state trucks are due by the last digit of the VIN (CARB)
- Brokers and freight contractors may arrange California freight only with compliant trucks or fleets, and must keep records for five years (13 CCR 2197 and 2197.3)
- EPA disapproved the rule for out-of-state trucks (91 FR 5325, effective March 9, 2026). CARB says it still enforces the rule on them
49 CFR 376.11 and 376.12
Truth-in-Leasing Rules for Owner-Operators
A carrier that uses your truck must have a written lease with you that meets 49 CFR 376.12. The lease must state your pay, promise payment within 15 days after you turn in the delivery documents, list every charge-back, and cover insurance and escrow. The rules protect owner-operators who lease on to a carrier. They do not decide whether you are an employee or an independent contractor.
Key requirements
- An authorized carrier may use equipment it does not own only under a written lease that meets 49 CFR 376.12. Both parties sign, and each keeps a copy (49 CFR 376.11(a) and 376.12(a) and (l))
- The lease must say when it starts and ends. A receipt that names the equipment and the date and time must be given when the carrier takes possession (376.11(b) and 376.12(b))
- During the lease, the carrier has exclusive possession, control and use of the equipment and takes complete responsibility for operating it (376.12(c)(1))
- Your pay must be stated on the lease or an addendum, and you must get it before any trip. It can be a percentage of gross revenue, a rate per mile or another method you agree on (376.12(d))
- The lease must say you will be paid within 15 days after you submit the necessary delivery documents. The carrier may not set a time limit for sending them (376.12(f))
- Every item the carrier may deduct from your pay must be listed in the lease, with how the amount is figured. You may ask for the documents that show a charge is valid (376.12(h))
- You may not be required to buy or rent products, equipment or services from the carrier as a condition of the lease (376.12(i))
- If the carrier holds an escrow fund, it must pay interest at least every quarter and return the fund within 45 days after the lease ends (376.12(k))
- The leasing rules do not decide whether you are an employee or an independent contractor (376.12(c)(4))
IRS Instructions for Form 2290 (July 2026)
Form 2290 Heavy Highway Vehicle Use Tax
Form 2290 is the federal heavy highway vehicle use tax for trucks with a taxable gross weight of 55,000 pounds or more. The tax period runs July 1 to June 30. You file by the last day of the month after you first use the truck on a public road. A truck over 75,000 pounds owes $550 for a full period. The stamped Schedule 1 is your proof of payment.
Key requirements
- The tax applies to a highway motor vehicle with a taxable gross weight of 55,000 pounds or more that is registered, or required to be registered, in your name when you first use it in the period
- The current tax period is July 1, 2026 to June 30, 2027. The next one starts July 1, 2027
- You must file by the last day of the month after the month you first use the vehicle on a public highway. The due date is not tied to your registration date
- The annual tax runs from $100 for a truck at 55,000 pounds to $540 for 74,001 to 75,000 pounds, and $550 for a truck over 75,000 pounds. Logging trucks pay less
- A truck first used after July pays a share of the year, by the months left, such as 9/12 of $550 = $412.50 for first use in October
- Taxable gross weight is the empty weight, plus the trailers you usually pull, plus the heaviest load you usually carry. It can not be less than the highest gross weight declared in any state registration
- You need an EIN, not a Social Security number, and the VIN of each truck. Returns for 25 or more taxable vehicles must be e-filed
- A truck that you expect to use 5,000 miles or less in the period (7,500 for farm trucks) can be reported as tax-suspended. If it goes over, the tax is due
- The stamped Schedule 1 is the proof of payment that states ask for when you register or renew
49 CFR 392.80, 392.82
Truck Driver Phone, Texting and Seat Belt Rules
Federal rules ban texting and hand-held phone use while driving a commercial motor vehicle (49 CFR 392.80 and 392.82). A driver may talk hands-free and press one button to start or end a call. A driver faces a federal fine of up to $4,812 per violation, and a 60-day disqualification after a second conviction in 3 years. A carrier that allows it can pay up to $19,246 per violation. Seat belts are required too (49 CFR 392.16).
Key requirements
- Texting means typing or reading text on an electronic device. Email, instant messages and opening a web page count (49 CFR 390.5). No driver may text while driving a commercial motor vehicle (49 CFR 392.80(a))
- A driver may not use a hand-held mobile phone while driving. That means holding it to talk, dialing or answering with more than one button, or reaching for it so you leave your seated, belted position (49 CFR 392.82 and 390.5)
- Pressing a single button to start or end a call is allowed. So is using a GPS or navigation system, or a fleet or dispatch device for a use that is not otherwise banned (49 CFR 390.5)
- Driving includes stopping at a light or in traffic. It does not include a vehicle you moved off the road and halted where it can safely stay (49 CFR 392.80(c) and 392.82(b))
- A carrier may not allow or require its drivers to text or hold a phone while driving (49 CFR 392.80(b) and 392.82(a)(2))
- A federal civil penalty can reach $4,812 for a driver and $19,246 for each violation by a carrier (49 CFR Part 386, Appendix B). A second conviction in 3 years disqualifies a driver for 60 days. A third or later conviction disqualifies the driver for 120 days (49 CFR 383.51 and 391.15)
- A driver in a CMV with a seat belt at the driver's seat must wear it. In a property-carrying CMV, the other riders must wear theirs too (49 CFR 392.16)
49 CFR 392.10 to 392.12
Railroad Crossing Rules for Truck Drivers
Most trucks must slow down and be ready to stop at a railroad crossing (49 CFR 392.11). A bus with passengers, a truck that must carry certain hazmat placards, and a cargo tank used for hazmat must stop 15 to 50 feet from the tracks, look and listen, and cross without shifting gears (49 CFR 392.10). Every driver needs room to clear the tracks (49 CFR 392.12). A conviction can disqualify a CDL holder for at least 60 days.
Key requirements
- These drivers must stop at every railroad crossing: a bus carrying passengers, any truck with chlorine, a truck that must carry placards for listed hazmat, and any cargo tank used for hazmat, loaded or empty (49 CFR 392.10(a))
- The stop must be within 50 feet of the tracks and not closer than 15 feet. Look and listen both ways, then cross in a gear that lets you finish the crossing. Do not shift gears on the tracks (49 CFR 392.10(a))
- A stop is not needed at some crossings: streetcar or industrial switching tracks in a business district, where an officer or flagman waves you on, at a green light under local law, at an abandoned crossing marked as such, or at an "Exempt" crossing sign (49 CFR 392.10(b))
- Every other commercial motor vehicle must slow so it can stop before the nearest rail, and may cross only after taking care to see that the way is clear (49 CFR 392.11)
- No driver may drive onto a crossing without room to drive all the way through without stopping (49 CFR 392.12)
- A CDL holder convicted of a crossing offense is disqualified for no less than 60 days for a first offense, 120 days for a second in 3 years, and 1 year for a third (49 CFR 383.51(d))
- An employer may not let a driver break a federal, state or local law about railroad crossings (49 CFR 383.37(e))
49 CFR 393.95 and 392.22
Truck Emergency Equipment and Warning Triangle Rules
Every truck, truck tractor and bus must carry a fire extinguisher and warning devices (49 CFR 393.95). A power unit with no placarded hazmat needs one 5 B:C extinguisher or two 4 B:C, plus three reflective triangles or six fusees. When a CMV stops on a road or shoulder, the driver turns on the hazard flashers at once and sets out the warning devices within 10 minutes (49 CFR 392.22). Spare fuses are no longer required.
Key requirements
- A power unit that hauls placarded hazmat needs a fire extinguisher rated 10 B:C or more. Any other power unit needs one rated 5 B:C or more, or two rated 4 B:C or more each (49 CFR 393.95(a)(1))
- The extinguisher must show its rating, show whether it is fully charged, be easy to reach, and be mounted so it cannot slide or roll (49 CFR 393.95(a))
- For warning devices, a truck carries either three bidirectional reflective triangles that meet FMVSS 125, or at least 6 fusees (49 CFR 393.95(f))
- Spare fuses are no longer required. FMCSA removed that rule effective April 20, 2026. References to liquid-burning flares were removed effective March 23, 2026
- A CMV stopped on a road or shoulder for any reason other than a necessary traffic stop must turn on the hazard flashers right away, and put out the warning devices as soon as possible and within 10 minutes (49 CFR 392.22)
- On a two-way road, the three devices go 10 feet and 100 feet from the truck toward approaching traffic, and 100 feet from the truck the other way (49 CFR 392.22(b)(1))
- Fusees and other flame devices may not be carried on a vehicle with Division 1.1, 1.2 or 1.3 explosives, on a cargo tank for flammable gas or flammable liquid, or on a vehicle that uses compressed gas as fuel (49 CFR 393.95(g))
49 CFR 393.60 and 393.80
Truck Windshield, Dash Cam and Mirror Rules
A truck windshield may have a crack that no other crack crosses, and a chip that a 3/4 inch disc covers if it is at least 3 inches from the next one (49 CFR 393.60(c)). Tint on the windshield and the side windows next to the driver must pass at least 70 percent of light. A dash cam or GPS goes within 8.5 inches of the top of the wiper-swept area and out of the driver's sight lines. Trucks need two outside mirrors (49 CFR 393.80).
Key requirements
- A bus, truck and truck tractor must have a windshield, mounted using the full edge of the glass (49 CFR 393.60(b))
- Above the top of the steering wheel, the windshield must be free of damage and discoloration. The 2-inch border at the top and the 1-inch borders at each side are left out (49 CFR 393.60(c))
- Three things are allowed in that area: tint that meets the 70 percent rule, any crack that no other crack crosses, and a damaged spot that a 3/4 inch (19 mm) disc covers if it is at least 3 inches (76 mm) from any similar spot (49 CFR 393.60(c))
- Tint on the windshield and the windows right and left of the driver must let through at least 70 percent of light. The limit does not apply to other windows (49 CFR 393.60(d))
- Dash cams, GPS units, driver camera systems and similar vehicle safety technology may go within 8.5 inches (216 mm) of the top of the wiper-swept area and within 7 inches (175 mm) of the bottom, out of the driver's sight lines to the road and to signs and signals (49 CFR 393.60(e)(1)(ii))
- CVSA decals and required stickers go at the bottom or sides of the windshield, no more than 4.5 inches (115 mm) from the bottom, outside the wiper-swept area (49 CFR 393.60(e)(2))
- A bus, truck or truck tractor needs two outside rear-vision mirrors, one on each side, that meet FMVSS 111 (49 CFR 393.80)
49 CFR 383.51
CDL Disqualification: Major and Serious Offenses
A CDL holder is disqualified from driving a commercial motor vehicle for 1 year after a first major offense, such as driving under the influence, refusing an alcohol test or leaving the scene of an accident. The period is 3 years when hauling hazmat, and life after a second (49 CFR 383.51). Serious traffic violations, such as excessive speeding, bring 60 days on a second conviction in 3 years and 120 days on a third.
Key requirements
- A disqualified driver must not drive a CMV, and an employer must not knowingly allow, require, permit or authorize it (49 CFR 383.51(a)(1) and (2))
- A conviction counts if it is an adjudication of guilt, a guilty or no contest plea, an unvacated bail forfeiture, or payment of a fine or court cost, even if the penalty is suspended or probated (49 CFR 383.5)
- Major offenses bring 1 year for a first conviction, 3 years if hauling hazmat as defined in 49 CFR 383.5, and life for a second (49 CFR 383.51(b))
- Serious traffic violations bring no disqualification for a first conviction, 60 days for a second within 3 years, and 120 days for a third (49 CFR 383.51(c))
- Railroad crossing offenses bring at least 60 days, at least 120 days and at least 1 year. Violating an out-of-service order brings 180 days to 1 year for a first offense (49 CFR 383.51(d) and (e))
- Each conviction from a separate incident counts, whether in a CMV or in a car or pickup, and each disqualification period is added to earlier ones (49 CFR 383.51(a)(4) and (5))
- Since July 22, 2026, a CDL holder no longer has to report convictions to the home State under federal rules. A driver must still tell the employer in writing within 30 days (49 CFR 383.31)
49 CFR 393.75
Truck Tire Rules: Tread Depth, Retreads and Pressure
Federal rules set the minimum tread depth for truck tires: at least 4/32 of an inch on the front wheels of a bus, truck or truck tractor, and at least 2/32 of an inch on all other tires (49 CFR 393.75). No vehicle may run a tire that is flat or leaking, has ply or belt showing, or has tread or sidewall separation. A bus may not run retreads on the front, and a truck may not run a large regrooved tire there.
Key requirements
- Front wheels of a bus, truck or truck tractor need a tread groove depth of at least 4/32 of an inch. Measure at any point on a major tread groove (49 CFR 393.75(b))
- Every other tire needs at least 2/32 of an inch in a major tread groove. Do not measure where tie bars, humps or fillets are (49 CFR 393.75(b) and (c))
- No vehicle may run a tire with body ply or belt showing through the tread or sidewall, with tread or sidewall separation, that is flat or has an audible leak, or that has a cut deep enough to show the ply or belt (49 CFR 393.75(a))
- A bus may not run regrooved, recapped or retreaded tires on the front wheels. A truck or truck tractor may not run a regrooved tire with a load capacity of 4,920 pounds or more on the front wheels (49 CFR 393.75(d) and (e))
- A tire may not carry more weight than its sidewall marking, unless a state special permit applies and the vehicle runs slower, never over 50 mph (49 CFR 393.75(g))
- A tire may not run with a cold inflation pressure below what is specified for the load. Hot tires are corrected with the table in the rule (49 CFR 393.75(i))
- A tire labeled for 55 mph or less may not be run faster than its rated limit (49 CFR 393.75(f))
49 CFR 393.11 and 393.13
Trailer Reflective Tape (Conspicuity) Rules
A trailer that is 80 inches or more wide and has a GVWR over 10,000 pounds needs a conspicuity system: retroreflective tape, reflex reflectors, or both (49 CFR 393.11(b)). On a trailer built on or after December 1, 1993 the pattern is red and white. The tape runs along each side for at least half the trailer's length, across the full width of the rear, and on the upper rear corners. Tractors have rules too (FMVSS 108).
Key requirements
- The rule covers a trailer 2,032 mm (80 inches) or more wide with a GVWR over 4,536 kg (10,000 pounds), built on or after December 1, 1993. Pole trailers and trailers built only for living or office use are out (49 CFR 393.11(b))
- Older trailers (built before December 1, 1993, 80 inches or wider, GVWR 10,001 pounds or more) also needed sheeting or reflex reflectors, by June 1, 2001, or December 1, 2001 for container chassis (49 CFR 393.13)
- The system may be retroreflective sheeting (tape), reflex reflectors, or both, and it must meet FMVSS 108 (49 CFR 393.11(b))
- New-style sheeting is at least 50 mm (2 inches) wide for grade DOT-C2, and carries the letters DOT-C2, DOT-C3 or DOT-C4 on it (FMVSS 108, S8.2.1)
- The pattern is alternating red and white segments, each about 300 mm (12 inches) long, with a margin of 150 mm (6 inches). Neither color may be more than two thirds of a strip (FMVSS 108, S8.2.1.4)
- On the sides, the tape runs front to back, covers at least half the trailer's length, and sits as close as practicable to a centerline 375 to 1,525 mm (about 15 to 60 inches) above the road with the trailer at curb weight (FMVSS 108, S8.2.3.2)
- No commercial motor vehicle may have an amber stop lamp or tail lamp (49 CFR 393.11(c))
49 CFR 393.40 to 393.55
Truck Brake Rules: Pushrod Stroke, Lining Thickness and ABS
A commercial truck needs brakes on all wheels that can stop and hold it (49 CFR 393.40 and 393.42). Air brake pushrod travel may not pass the limits in 393.47(e), such as 2 inches for a standard type 30 clamp chamber. Linings on non-steering air drum brakes may not be under 1/4 inch, and the low air warning must come on at 55 psi or below.
Key requirements
- Every commercial motor vehicle must have brakes adequate to stop and hold the vehicle or combination (49 CFR 393.40(a)) and brakes acting on all wheels (393.42(a))
- Air-braked trucks, truck tractors and buses built on or after March 1, 1975, and air-braked trailers built on or after January 1, 1975, must meet FMVSS 121 as it stood when they were built (49 CFR 393.40(b)(2))
- The pushrod stroke of an air brake may not be greater than the readjustment limit in the table in 49 CFR 393.47(e). For a type not in the table it may not be greater than 80 percent of the rated stroke marked on the actuator, or its marked readjustment limit
- Brake lining on a non-steering air drum brake may not be thinner than 1/4 inch at the shoe center (or the wear indicator). Air disc pads may not be thinner than 1/8 inch (49 CFR 393.47(d)(2))
- The brake chambers on each end of an axle must be the same size, and the slack adjusters on each end must be the same effective length (49 CFR 393.47(b) and (c))
- Every air-braked commercial motor vehicle needs an air pressure gauge and a warning signal. The warning must be continuous whenever service reservoir pressure is at 55 psi or below, or at one-half of the governor cutout pressure, whichever is less (49 CFR 393.51(c))
- Truck tractors built on or after March 1, 1997 must have ABS. Other air-braked commercial vehicles built on or after March 1, 1998 must have it too (49 CFR 393.55(c))
- An air-braked commercial vehicle built on or after October 20, 1994 must have automatic brake adjusters (49 CFR 393.53(b)). Replacing one with a manual adjuster fails the annual inspection (49 CFR part 396, Appendix A)
49 CFR 392.2 to 392.60 and 382.201 to 382.215
Driver Conduct Rules: Alcohol, Drugs, Fatigue, Passengers and Pre-Trip Checks
A CDL driver may not use alcohol within 4 hours before going on duty (49 CFR 392.5). A driver may not drive with an alcohol concentration of 0.04 or more (382.201). Drivers may not drive while too tired or sick to do it safely (392.3). A driver may not carry a passenger without the carrier's written approval, except for people the carrier assigns, emergency aid and a livestock attendant (392.60).
Key requirements
- No driver may use alcohol, or be under the influence of alcohol, within 4 hours before going on duty or operating a commercial motor vehicle. No driver may use alcohol while on duty or in physical control of the vehicle (49 CFR 392.5(a) and 382.207)
- A driver may not report for or stay on duty with an alcohol concentration of 0.04 or greater (49 CFR 382.201). After a crash that needs an alcohol test, a driver may not use alcohol for 8 hours or until tested, whichever comes first (382.209)
- A driver may not be on duty or drive while possessing wine of 0.5 percent alcohol or more, beer or distilled spirits. A shipment that is manifested and transported is not covered (49 CFR 392.5(a)(3))
- A driver who breaks the alcohol rule is placed out of service for 24 hours. The driver must tell the employer within 24 hours and the state licensing official within 30 days (49 CFR 392.5(c) and (d))
- A driver on duty may not possess, use or be under the influence of a Schedule I substance, an amphetamine or a narcotic. The same goes for any other substance that makes the driver unable to drive safely (49 CFR 392.4(a)). A substance given by a licensed medical practitioner who advised that it will not affect safe driving is allowed. This does not cover Schedule I substances (392.4(c) and 382.213)
- No driver may drive when fatigue, illness or any other cause makes it unsafe to begin or continue. No carrier may require or permit it. The one exception is a grave emergency (49 CFR 392.3)
- No driver may carry anyone on a commercial vehicle, other than a bus, without the carrier's written approval. Three cases need no approval: people the carrier assigned, people helped in an accident or emergency, and a livestock attendant (49 CFR 392.60)
- Before driving, the driver must be satisfied that these parts work: service brakes, parking brake, steering, lights, tires, horn, wipers, mirrors, coupling devices, wheels and rims, and emergency equipment (49 CFR 392.7)
49 CFR 391.11(b)(2)
English Language Proficiency for Truck Drivers: The 391.11(b)(2) Rule
A driver must read and speak English well enough to talk with the public, understand highway signs and signals in English, answer official questions, and fill out reports and records (49 CFR 391.11(b)(2)). Under the CVSA out-of-service criteria in effect since June 25, 2025, a driver who fails the roadside check is put out of service. FMCSA proposed on August 10, 2026 to write that into its rules. The proposal is not final.
Key requirements
- To drive a commercial motor vehicle in interstate commerce, a person must be able to read and speak English sufficiently to converse with the general public. The person must understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records (49 CFR 391.11(b)(2))
- A motor carrier may not require or permit a person to drive unless the person is qualified (49 CFR 391.11(a))
- The rule applies to every driver of a commercial motor vehicle in interstate commerce, whatever the driver's nationality. Drivers based in Canada and Mexico have been covered since the 1930s (FMCSA proposed rule, 91 FR 51422)
- States that get FMCSA safety grants must adopt compatible rules, and the compatible rules generally cover intrastate trips too (FMCSA proposed rule, 91 FR 51422)
- Since June 25, 2025, the CVSA North American Standard Out-of-Service Criteria treat a violation of 391.11(b)(2) as an out-of-service condition. State inspectors use these criteria
- FMCSA's roadside check has two steps: a driver interview in English, then a highway sign check. A driver who fails the interview skips the sign check (FMCSA policy MC-SEE-2026-0002, April 16, 2026)
- Interpreters, I-Speak cards, cue cards, phone apps and telephone interpretation services are not used during the driver interview (FMCSA policy MC-SEE-2026-0002)
- A driver whose current trip stays inside a U.S.-Mexico border commercial zone is cited but not put out of service. A driver whose trip goes outside the zone is put out of service (FMCSA policy MC-SEE-2026-0002)
- On August 10, 2026 FMCSA proposed to put the out-of-service rule into 49 CFR 390.5, 390.5T and 391.11. Comments closed on October 9, 2026. It is a proposal, not a final rule (91 FR 51422)
23 CFR Part 657 and state law
Weigh Station Rules: Who Must Stop and What Happens If You Skip
Weigh stations are run by the states, so the rule for who must stop changes at the state line. Most states point to a vehicle type or weight rating and to posted signs that say the scale is open. Skipping can mean a fine or a misdemeanor charge, depending on the state. A bypass service can let an eligible truck skip an open station, but it does not cancel the rule or an officer's order to pull in.
Key requirements
- Weigh stations belong to the states. Federal rule 23 CFR 657 makes each state keep a size and weight enforcement plan that FHWA accepts, and certify every year that it enforces its limits (657.9 and 657.13). No single federal rule says which trucks must stop
- A state plan has to use at least two kinds of tools: fixed platform scales, portable wheel weighers, ramp scales or weigh-in-motion equipment (23 CFR 657.9(b)(1))
- Who must stop is in state law and on the signs. North Carolina uses a rated weight of 10,001 pounds or more, or a load that needs hazmat placards. Washington uses commercial motor vehicles, with exceptions. California uses any commercial vehicle where signs require a stop
- In those three states the test is the type or rating of the vehicle and the sign, not how much is on the truck. None of the three texts says an empty truck may skip the scale
- At the scale, the truck is weighed and its credentials are checked. Selected trucks are then weighed and measured, or inspected (Georgia DPS, South Dakota, North Carolina G.S. 20-118.1)
- FMCSA's Inspection Selection System gives inspectors a score from 1 to 100 for each carrier. 75 to 100 means inspect, 50 to 74 means optional, and 1 to 49 means pass. These are recommendations, not orders
- A bypass service sends a green or red signal. Green lets an eligible truck skip an open station. Red means pull in. Even a participating truck can get an occasional red light, and the state decides how often
- Penalties differ by state: a misdemeanor in California and North Carolina, a civil infraction for bypassing scales in Michigan, and a traffic infraction in Washington
49 CFR 393.9 to 393.26 and 392.33
Truck Lighting Rules: Required Lamps and Reflectors (49 CFR 393)
Federal rules list the lamps and reflectors a commercial vehicle must have, by type of vehicle (49 CFR 393.11, Table 1). A tractor needs headlamps, three amber identification lamps, clearance and side marker lamps, tail and stop lamps, turn signals, hazard flashers and a backup lamp. A wide trailer needs red tail, stop and clearance lamps, three red identification lamps, side markers and reflectors. Every required lamp must work and must not be covered.
Key requirements
- 49 CFR 393.11 Table 1 lists the lamps, reflectors and their color, number and position by type of vehicle. A vehicle built on or after December 25, 1968 must meet FMVSS 108 as it stood when the vehicle was made (49 CFR 393.11(a))
- Every required lamp must be capable of being operated at all times (49 CFR 393.9(a)). It may not be covered by the tailboard, any part of the load or its cover, dirt, or added equipment (393.9(b) and 392.33)
- Front lamps are amber or white. Rear lamps are red, except rear turn signals and rear hazard flashers, which may be amber or red, and backup lamps, which are white (Table 1)
- No commercial motor vehicle may have an amber stop lamp or tail lamp (49 CFR 393.11(c))
- Exterior lamps must be steady-burning. The exceptions are turn signals, hazard flashers, school bus warning lamps, amber warning lamps on tow trucks and on vehicles hauling oversize loads, and warning lamps on emergency and service vehicles authorized by the State or local government (49 CFR 393.25(e))
- Hazard flashers must work with the ignition off and make all required turn signals flash together (49 CFR 393.19)
- Headlamps need an upper and lower beam that the driver can select. Extra driving lamps and fog lamps are allowed, but never in place of the required headlamps (49 CFR 393.24)
- Since March 23, 2026, a truck tractor towing a trailer does not need a rear license plate lamp (91 FR 7871)
49 CFR 391.31 and 391.33
Driver Road Test Rules: The Company Road Test and Certificate (49 CFR 391.31)
Before a person drives a commercial motor vehicle for a carrier, the person must pass a road test and get a signed certificate, or the carrier must accept an equivalent (49 CFR 391.31 and 391.33). The carrier or someone it names gives the test, in the type of vehicle the driver will be assigned. A valid CDL, or a road test certificate issued in the last 3 years, can stand in for the test. The carrier keeps the records in the driver's file.
Key requirements
- A driver may not drive a commercial motor vehicle until the driver passes a road test and gets a certificate of driver's road test (49 CFR 391.31). A carrier may accept an equivalent instead (49 CFR 391.33 and 391.11(b)(7))
- The motor carrier, or a person it names, gives the test. A driver who is a motor carrier must be tested by someone other than himself or herself (391.31(b))
- The test must be long enough to judge the driver's skill. At a minimum it covers eight skills, shown in the table below, in the type of vehicle the carrier will assign (391.31(c))
- The carrier provides a road test form. The tester rates the driver on each part and signs it. If the driver passes, the tester fills out a certificate of driver's road test (391.31(d) and (e))
- The driver gets a copy of the certificate. The carrier keeps the original signed road test form and the original, or a copy, of the certificate in the driver qualification file (391.31(g))
- A carrier may accept a valid CDL instead, if the State issued it after a road test in the type of vehicle the driver will be assigned. A copy of a road test certificate issued in the last 3 years also works. The carrier keeps a legible copy in the file (391.33)
- A carrier may still require a road test from a driver who presents an equivalent (391.33(c))
- The road test record stays in the file for as long as the driver works for the carrier and 3 years after (391.51(c))
49 CFR 390.5, 383.91, 382.103, 391.41, 395.1(e)(2), 387.303 and 387.9
Box Truck and Hotshot Requirements: CDL, USDOT Number, Authority and ELD
You need a CDL only at 26,001 pounds or more, but a rig rated 10,001 pounds or more in interstate commerce is already a commercial motor vehicle. It needs a USDOT number and a medical card. If you haul other people's freight for pay across state lines, you need operating authority and insurance on file at any weight. Check the truck and trailer ratings first.
Key requirements
- Before you buy or book a box truck or hotshot rig, write down the manufacturer's weight ratings for the truck and for the trailer. Every rule below turns on two lines: 10,001 pounds and 26,001 pounds
- A commercial motor vehicle (CMV) is a vehicle used in interstate commerce to haul property with a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or an actual weight, of 10,001 pounds or more, whichever is greater. A pickup and trailer count as a combination (49 CFR 390.5)
- You need a CDL only at 26,001 pounds or more. A combination at 26,001 pounds or more needs a Class A CDL if the towed unit is rated over 10,000 pounds. A single vehicle at 26,001 pounds or more needs a Class B (49 CFR 383.91)
- The CDL groups are set by weight. 383.91 does not mention brakes or body length, so a 26-foot box truck rated under 26,001 pounds does not need a CDL because of its length
- FMCSA says you need a USDOT number if you have a vehicle at 10,001 pounds or more and you are in interstate commerce. FMCSA lists 38 States and Puerto Rico that also require one for intrastate CMV registrants
- A person subject to the driver rules must not operate a CMV unless medically certified, and must carry the medical examiner's certificate (49 CFR 391.41(a)(1)(i))
- DOT drug and alcohol testing and the Clearinghouse apply to drivers subject to CDL rules (49 CFR 382.103). A driver who needs no CDL is outside that rule
- A non-CDL driver who stays within 150 air miles of the work reporting location and meets the other conditions is exempt from logs, the ELD and the 14-hour rule (49 CFR 395.1(e)(2))
- A for-hire carrier of non-hazardous freight in interstate commerce needs $750,000 of insurance on file for a vehicle at 10,001 pounds or more (49 CFR 387.9). A fleet with only vehicles under 10,001 pounds needs $300,000 (49 CFR 387.303)
- FMCSA says you need operating authority to haul federally regulated commodities owned by others for a fee in interstate commerce. The FMCSA page sets no weight minimum
49 CFR 376.11, 376.12, 382.103, 387.7, 387.9, 390.201 and 391.41
Owner-Operator Requirements: What You Need Before You Haul
What an owner-operator needs depends on one choice: lease on to a carrier, or run your own authority. Under a lease, the carrier holds the authority, keeps the public liability insurance and marks your truck. Under your own authority, you file for a USDOT number and operating authority, put insurance on file, and follow the driver rules yourself. No federal rule we read requires an LLC or workers' compensation.
Key requirements
- Before you sign a lease or file a form, decide whether you will haul under a carrier's authority or your own. The list of what you need is different for each, and the first step in both is to write down your truck's weight ratings
- If you lease on, Part 376 requires a written lease. It must give the carrier exclusive possession, control and use of your truck, and complete responsibility for its operation, for the lease term (49 CFR 376.11(a) and 376.12(c)(1))
- In a lease, the carrier must keep public liability insurance, and the lease must say who covers bobtail and other insurance (49 CFR 376.12(j)). It must also say who pays for fuel, fuel taxes, permits, tolls, base plates and licenses (376.12(e))
- If you run your own authority, you are the motor carrier. File Form MCSA-1 for a USDOT number before you begin operations, and update it every 24 months (49 CFR 390.201(b) and (d))
- To haul other people's regulated freight for pay across state lines, you need operating authority. FMCSA charges $300 for each kind, and a new application can take 20 to 25 business days. A BOC-3 process agent filing must be on file too
- No motor carrier may operate until its insurance is in effect (49 CFR 387.7(a)). A for-hire carrier of non-hazardous freight needs $750,000 on file for a vehicle at 10,001 pounds or more (49 CFR 387.9)
- You need a license that matches the truck (a CDL at 26,001 pounds or more, 49 CFR 383.91) and a medical examiner's certificate (49 CFR 391.41(a)(1)(i)). With a CDL you are also under DOT drug and alcohol testing and the Clearinghouse
- An owner-operator who is the only driver must be in a random testing pool of two or more covered employees, so most join a consortium (49 CFR 382.103(b)). If you lease on, ask whether the carrier already puts you in its pool
- We searched the text of 49 CFR parts 376, 382, 387, 390 and 391 and found no rule that requires an LLC or workers' compensation. Those are set by your state, your city and your contracts. We did not read the states
- Do not mark your truck with a USDOT number or start operating until FMCSA sends written notice that the number is active (49 CFR 390.201(c)(2))
Primary sources
Every requirement above traces back to one of these. Use them to check the exact wording, and to see whether a rule has changed since this page was last updated.
- eCFR — Title 49, Chapter III (Federal Motor Carrier Safety Regulations)The official, continuously updated text of the rules. When a summary here and the eCFR ever differ, the eCFR wins.
- FMCSA — RegulationsThe agency's own guidance, interpretations and rulemaking notices for motor carriers and drivers.
- FMCSA Drug & Alcohol ClearinghouseWhere employers and drivers register and run the queries required under 49 CFR Part 382.
- CVSA — Roadside inspection programThe Commercial Vehicle Safety Alliance publishes the North American Standard inspection levels used at roadside.
Rules that change from state to state, like how long a truck may idle and whether you can run heat or A/C in the sleeper, are on our truck idling laws by state page. Speed limits also differ by state, and some states hold trucks below cars. See truck speed limits by state. Winter rules differ too. See truck chain laws by state for which trucks must carry and use chains. Lane rules differ too. See truck lane laws by state for where trucks must keep right or stay out of the left lane. Size limits differ too. See truck height and length limits by state for the legal height and semitrailer length where we have read the law. Where you park matters too. See rest area parking limits by state for how long a truck may stay.
Looking for a term rather than a rule? See the trucking glossary for plain-language definitions of pay, fee and operations terms. That includes compliance terms like CSA score, MC number and UCR that come up alongside these regulations.
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Free compliance tools
Turn the rules into checklists and trackers you can use today.
- Hours of Service (HOS) TrackerCheck your driving and duty limits against the hours-of-service rules.
- DOT Audit Readiness ChecklistReview your FMCSA record the way an auditor would.
- Drug & Alcohol Testing TrackerKeep a random testing program on schedule.
- CDL & Compliance Deadline TrackerTrack every renewal and filing date in one place.