49 CFR Parts 380–396
DOT Regulations Reference
Federal Motor Carrier Safety Regulations — plain-language summaries with official CFR citations for commercial motor carrier compliance.
Last updated 2025 · Source: eCFR.gov · Always verify with official sources
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Driver Qualifications 391
Drug & Alcohol 382
Hours of Service 395
Vehicles & Inspection 396
Insurance 387
Accidents 390
ELD Mandate 395
Clearinghouse 382
Training & ELDT 380
UCR & Authority 390
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§391.11
Qualifications of Drivers — General
Every driver must be at least 21 years old for interstate commerce (18 for intrastate in some states), hold a valid Commercial Driver's License (CDL), and be physically qualified. Drivers must be able to read and speak English sufficiently to understand traffic signs and communicate with the public.
Age 21+ Interstate
Valid CDL Required
English Proficiency
📖 View Official Regulation ↗
§391.41
Physical Qualifications for Drivers
Drivers must pass a physical examination by a licensed Medical Examiner listed on the FMCSA National Registry. The Medical Examiner Certificate (MEC) is typically valid for up to 24 months. Drivers with certain conditions may receive shorter-term certificates.
24
Max months cert valid
140/90
Max blood pressure (Stage 1)
20/40
Min vision (each eye)
FMCSA Registered Examiner
Review annually if condition warrants
📖 View Official Regulation ↗
§391.25
Annual Motor Vehicle Record (MVR) Review
Motor carriers must obtain an MVR from every state where the driver held a license in the past 12 months at least once per year. A supervisory employee must review the MVR and sign it. MVRs must be retained for 3 years.
Annual — Every 12 Months
Retain 3 Years
All States Driver Held License
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§391.23
Investigation and Inquiries — Prior Employment
Before a driver operates a CMV, carriers must investigate the driver's employment history for the prior 3 years. For safety-sensitive positions, this includes 10 years of history. Drug and alcohol violation history must be obtained from prior employers.
3 Years Employment History
D&A Violation Inquiry
30 Days to Complete
📖 View Official Regulation ↗
§391.51
Driver Qualification (DQ) File Requirements
Motor carriers must maintain a Driver Qualification File for each driver. The DQ file must be kept at the carrier's principal place of business and retained for 3 years after a driver leaves. Key documents include: application, road test certificate, CDL copy, MVR, medical certificate, and prior employment investigations.
Application for Employment
CDL Copy
Medical Certificate
MVR
Road Test Certificate
Retain 3 Years After Departure
📖 View Official Regulation ↗
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§382.301
Pre-Employment Drug Testing
Before allowing a driver to operate a CMV, carriers must conduct a pre-employment drug test and receive a negative result. Drivers who have not driven a CMV for more than 30 days must also be pre-employment tested. Alcohol testing before employment is prohibited unless the carrier chooses to require it.
Required Before First Drive
Negative Result Required
30+ Day Gap = Retest Required
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§382.305
Random Drug & Alcohol Testing Rates
FMCSA sets annual minimum random testing rates based on industry-wide positive test results. All safety-sensitive employees must be in a random testing pool. Selections must be made by a scientifically valid method ensuring each driver has an equal chance of selection each time.
50%
Min drug testing rate
10%
Min alcohol testing rate
Unannounced Selection
Scientific Random Method
Rates can increase based on industry data
📖 View Official Regulation ↗
§382.303
Post-Accident Drug & Alcohol Testing
Testing is required after accidents involving a fatality, a citation and bodily injury requiring treatment away from the scene, or a citation and disabling vehicle damage. Drug tests must be conducted within 32 hours. Alcohol tests must be conducted within 2 hours (documentation required after 2 hours; prohibited after 8 hours).
2 hrs
Alcohol test deadline
8 hrs
Alcohol test prohibition
32 hrs
Drug test deadline
§382.309 / §382.311
Return-to-Duty & Follow-Up Testing
Drivers who violate drug/alcohol rules must be evaluated by a Substance Abuse Professional (SAP), complete prescribed treatment, pass a return-to-duty test with a verified negative result, and complete a minimum of 6 follow-up tests in the first 12 months following return to duty.
SAP Evaluation Required
Negative RTD Test
Min 6 Follow-Up Tests in 12 Months
Up to 5 Years of Follow-Up
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§382.403
Annual MIS Data Report
Motor carriers subject to Part 382 must submit an Annual MIS Data Report to FMCSA by March 15 each year for the prior calendar year. The report covers all testing conducted including random, pre-employment, post-accident, reasonable suspicion, return-to-duty, and follow-up tests.
Due March 15 Annually
Submit at MIS.DOT.gov
Violation for non-submission
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§395.3(a)(3)
11-Hour Driving Limit
A property-carrying driver may drive a maximum of 11 hours after 10 consecutive hours off duty. Drivers may not drive beyond the 11th hour, even if they take breaks during the shift.
11 hrs
Max driving time
10 hrs
Required off duty reset
§395.3(a)(2)
14-Hour On-Duty Window
Drivers may not drive after the 14th hour following coming on duty (after 10 hours off). This window cannot be extended by taking breaks. Once 14 hours have elapsed since coming on duty, the driver must take 10 consecutive hours off duty.
Cannot be extended by breaks
Clock starts when on-duty begins
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§395.3(a)(3)(ii)
30-Minute Break Requirement
Drivers may not drive more than 8 cumulative hours without a 30-minute break. The break may be taken as off-duty time or as time in a sleeper berth. The break restarts the 8-hour clock for purposes of the break requirement only — not the 11-hour or 14-hour limits.
After 8 hours driving
Off-duty or sleeper berth counts
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§395.3(b)
60/70-Hour Weekly Limit
Drivers may not drive after accumulating 60 on-duty hours in 7 consecutive days (if carrier does not operate every day of the week) or 70 on-duty hours in 8 consecutive days (if carrier operates every day). A 34-hour restart resets the weekly clock.
60 hrs
7-day max on duty
70 hrs
8-day max on duty
34 hrs
Restart off-duty period
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§396.17
Annual Vehicle Inspection
Every commercial motor vehicle must pass a periodic inspection at least once every 12 months. The inspection must be conducted by a qualified inspector. The inspection report must be retained for 14 months and a copy must be on the vehicle or readily available.
Every 12 Months
Qualified Inspector
Retain Report 14 Months
Copy on Vehicle
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§396.11
Driver Vehicle Inspection Report (DVIR)
Drivers must prepare a written report at the end of each day's work covering defects or deficiencies in the vehicle. The report must cover: service brakes, parking brake, steering, lights, tires, horn, windshield wipers, rearview mirrors, coupling devices, wheels/rims/lug nuts, and emergency equipment.
End of Each Work Day
Mechanic Must Sign if Defects
Retain 3 Months
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§396.3
Systematic Inspection & Maintenance
Motor carriers must systematically inspect, repair, and maintain all CMVs subject to their control. Records of inspections, repairs, and maintenance must be kept for each vehicle for as long as the vehicle is operated and for 1 year thereafter.
Written Maintenance Program
Retain Records 1 Year After Disposal
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§387.9
Minimum Insurance Requirements
Federal minimum liability insurance requirements vary by operation type. These are federal minimums — state requirements may be higher.
$750K
Non-hazmat (≥10,001 lbs)
$1M
Oil/hazmat (general)
$5M
Hazmat (explosive/toxic)
$300K
Non-hazmat (<10,001 lbs)
§387.7
MCS-90 Endorsement Requirement
For-hire carriers engaged in interstate commerce must have their insurance company file an MCS-90 endorsement (or Form E bond) with FMCSA. This endorsement ensures the carrier's insurance covers any bodily injury, death, or property damage, even if the policy would otherwise be voided.
Filed by Insurance Company
For-Hire Interstate Carriers
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§390.15
Accident Register
Motor carriers must maintain an accident register for all recordable accidents involving their CMVs. A recordable accident is one that results in a fatality, bodily injury requiring treatment away from the scene, or disabling vehicle damage requiring a tow. The register must be retained for 3 years.
Fatality, Injury, or Tow = Recordable
Retain 3 Years
Available to DOT on Request
Required accident register fields: date/time, location, driver name, number of injuries, number of fatalities, hazmat spill (yes/no).
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§395.8 / §395.22
ELD Requirement — Who Must Use
Most drivers required to keep records of duty status (RODS) must use an FMCSA-registered ELD. ELDs must be on the FMCSA ELD Registry. Drivers must be able to display, print, or transfer ELD data to an enforcement officer.
FMCSA-Registered ELD Only
Short-haul exempt (≤150 air miles)
Pre-1999 engines exempt
Driveaway-towaway exempt
📋 FMCSA ELD Registry ↗
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§382.701 / §382.703
Clearinghouse Query Requirements
Before hiring a CDL driver, carriers must conduct a pre-employment full query of the FMCSA Drug & Alcohol Clearinghouse (with driver consent). Annual limited queries must be conducted for all current CDL drivers. A full query is required if a limited query returns a record of violations.
Pre-Employment Full Query
Annual Limited Query (All Drivers)
Driver Consent Required for Full Query
📖 FMCSA Clearinghouse ↗
§382.705
Employer Reporting to Clearinghouse
Employers must report drug/alcohol program violations to the Clearinghouse within 3 business days. This includes positive tests, refusals to test, actual knowledge violations, and return-to-duty/follow-up testing completion. MROs and SAPs also have reporting obligations.
Report Within 3 Business Days
Civil Penalty for Non-Reporting
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§380.103
Entry-Level Driver Training (ELDT)
Since February 7, 2022, individuals applying for a CDL for the first time, upgrading their CDL class, or obtaining a Passenger or School Bus endorsement must complete ELDT from an FMCSA-registered Training Provider. Training includes a theory component and a behind-the-wheel component.
FMCSA-Registered Provider Only
Theory + Behind-the-Wheel
No minimum hours — proficiency based
📋 Training Provider Registry ↗
§382.603
Supervisor Reasonable Suspicion Training
All supervisors who are authorized to require drivers to undergo reasonable suspicion testing must complete at least 60 minutes of training on alcohol misuse and 60 minutes on drug use. Training must cover the physical, behavioral, speech, and performance indicators of probable drug/alcohol use.
60 min
Alcohol training
60 min
Drug training
One-Time Requirement
Keep Records of Training
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§390.19
USDOT Number Requirement
Commercial motor carriers engaged in interstate commerce must register with FMCSA and obtain a USDOT number if they operate vehicles with a GVWR over 10,000 lbs, transport hazardous materials requiring a placard, or transport 9+ passengers for compensation (or 16+ passengers not for compensation).
GVWR > 10,000 lbs
Hazmat with Placard
Biennial Update Required
📖 FMCSA Registration ↗
49 USC §14504a
Unified Carrier Registration (UCR)
Motor carriers, freight forwarders, and leasing companies operating in interstate commerce must register annually with the UCR program and pay an annual fee based on fleet size. UCR registration must be renewed each year. Failure to register is a violation and may result in being placed out of service.
Annual Renewal
Fee Based on Fleet Size
OOS for Non-Compliance
📖 UCR Registration ↗
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