Reference
Regulations we cite
Last reviewed: October 14, 2026
NextDrive, NextWallet and this website name the regulations below. For each one you will find what it requires, in one plain sentence; who it applies to; and a link to its official text.
We describe what each rule requires. We do not interpret it, and this page is not legal advice: for your own situation, read the official text or ask a qualified professional.
Links to the Code of Federal Regulations open the annual edition on govinfo.gov, published by the U.S. Government Publishing Office, as a PDF.
Not a government app
Next Suite is published by NextDrive LLC, a private company. It is not affiliated with, endorsed by, or acting on behalf of the FMCSA, the U.S. Department of Transportation, the FAA, the TSA, or U.S. Customs and Border Protection. It does not issue, validate, verify, or approve any government credential. Where the products cite a regulation, the official text is published by the U.S. Government at govinfo.gov.
Who it applies to
- Driver
- The person who holds the license or credential.
- Company
- The motor carrier or the employer.
- Third party
- Someone outside the company, such as a medical examiner, a laboratory, a previous employer or a state agency.
- Pilot
- The holder of an FAA pilot certificate.
Code of Federal Regulations, Title 49 — Transportation
49 CFR Part 40Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Source: Office of the Secretary, U.S. Department of Transportation.
How DOT-required drug and alcohol tests are run: collecting the specimen, testing it in a laboratory, the Medical Review Officer's review, what counts as a refusal, the return-to-duty process with a Substance Abuse Professional, and who may see the results.
Applies to:CompanyThird party
Official text of 49 CFR Part 40
Sections we cite (15)
- § 40.3 What do the terms used in this part mean?
- § 40.23 What actions do employers take after receiving verified test results?
- § 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?
- § 40.26 What form must an employer use to report Management Information System (MIS) data to a DOT agency?
- § 40.82 What drugs do laboratories test for?
- § 40.131 How does the MRO or DER notify an employee of the verification process after receiving laboratory confirmed non-negative drug test results?
- § 40.171 How does an employee request a test of a split specimen?
- § 40.191 What is a refusal to take a DOT drug test, and what are the consequences?
- § 40.193 What happens when an employee does not provide a sufficient amount of specimen for a drug test?
- § 40.197 What happens when an employer receives a report of a dilute urine specimen?
- § 40.261 What is a refusal to take an alcohol test, and what are the consequences?
- § 40.289 Are employers required to provide SAP and treatment services to employees?
- § 40.305 How does the return-to-duty process conclude?
- § 40.307 What is the SAP's function in prescribing the employee's follow-up tests?
- § 40.321 What is the general confidentiality rule for drug and alcohol test information?
49 CFR Part 376Lease and Interchange of Vehicles
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
What a carrier with operating authority must put in writing, and keep, when it runs equipment it does not own under a lease.
Applies to:Company
Official text of 49 CFR Part 376
Sections we cite (1)
- § 376.11 General leasing requirements
49 CFR Part 380Special Training Requirements
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
Training a driver must complete before certain commercial driver's license tests (entry-level driver training), and the training for drivers and instructors of longer combination vehicles.
Applies to:DriverThird party
Official text of 49 CFR Part 380
Sections we cite (1)
- § 380.609 General entry-level driver training requirements
49 CFR Part 381Waivers, Exemptions, and Pilot Programs
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
How FMCSA grants a waiver or an exemption from one of its safety rules, and runs pilot programs.
Applies to:DriverCompany
49 CFR Part 382Controlled Substances and Alcohol Use and Testing
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
For drivers who need a commercial driver's license: when alcohol and drug use is prohibited, the tests the employer must run (pre-employment, random, post-accident, reasonable suspicion, return-to-duty and follow-up), the employer's written policy and supervisor training, records, and the Drug and Alcohol Clearinghouse.
Applies to:CompanyDriver
Official text of 49 CFR Part 382
Sections we cite (31)
- § 382.107 Definitions
- § 382.113 Requirement for notice
- § 382.121 Employee admission of alcohol and controlled substances use
- § 382.201 Alcohol concentration
- § 382.205 On-duty use
- § 382.207 Pre-duty use
- § 382.209 Use following an accident
- § 382.211 Refusal to submit to a required alcohol or controlled substances test
- § 382.213 Controlled substance use
- § 382.215 Controlled substances testing
- § 382.301 Pre-employment testing
- § 382.303 Post-accident testing
- § 382.305 Random testing
- § 382.307 Reasonable suspicion testing
- § 382.309 Return-to-duty testing
- § 382.311 Follow-up testing
- § 382.401 Retention of records
- § 382.403 Reporting of results in a management information system
- § 382.501 Removal from safety-sensitive function
- § 382.503 Required evaluation and testing, reinstatement of commercial driving privilege
- § 382.505 Other alcohol-related conduct
- § 382.601 Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances
- § 382.603 Training for supervisors
- § 382.605 Referral, evaluation, and treatment
- § 382.701 Drug and Alcohol Clearinghouse
- § 382.703 Driver consent to permit access to information in the Clearinghouse
- § 382.705 Reporting to the Clearinghouse
- § 382.711 Clearinghouse registration
- § 382.717 Procedures for correcting certain information in the database
- § 382.719 Availability and removal of information
- § 382.721 Fees
49 CFR Part 383Commercial Driver's License Standards; Requirements and Penalties
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
Who needs a commercial driver's license, the rule of one license per driver, the offenses that disqualify a driver, and how states test and issue the license.
Applies to:DriverThird party
Official text of 49 CFR Part 383
Sections we cite (4)
49 CFR Part 386Rules of Practice for FMCSA Proceedings
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
The procedures for FMCSA enforcement proceedings, including how a complaint about a violation of the safety rules is filed.
Applies to:CompanyDriver
Official text of 49 CFR Part 386
Sections we cite (1)
- § 386.12 Complaints
49 CFR Part 387Minimum Levels of Financial Responsibility for Motor Carriers
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
The minimum insurance, or other proof of financial responsibility, a motor carrier must keep for the vehicles it operates.
Applies to:Company
Official text of 49 CFR Part 387
Sections we cite (2)
49 CFR Part 390Federal Motor Carrier Safety Regulations; General
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
Who the federal motor carrier safety rules apply to and the definitions they use, plus general duties such as helping with investigations and keeping a register of accidents.
Applies to:Company
Official text of 49 CFR Part 390
Sections we cite (2)
49 CFR Part 391Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
Who may drive a commercial motor vehicle, the checks a carrier must make before and after hiring a driver (application, previous employers, driving record, road test, medical certificate), and the driver qualification file the carrier must keep.
Applies to:CompanyDriverThird party
Official text of 49 CFR Part 391
Sections we cite (16)
- § 391.11 General qualifications of drivers
- § 391.15 Disqualification of drivers
- § 391.21 Application for employment
- § 391.23 Investigation and inquiries
- § 391.25 Annual inquiry and review of driving record
- § 391.27 [Reserved]Removed. FMCSA eliminated the driver's annual list of violations effective May 9, 2022 (87 FR 13192), because it largely duplicated the carrier's annual inquiry for the driving record under § 391.25; the section has read [Reserved] since then. NextDrive keeps the annual certificate as an optional section of the file, for carriers that still ask their drivers for it.
- § 391.31 Road test
- § 391.33 Equivalent of road test
- § 391.41 Physical qualifications for drivers
- § 391.43 Medical examination; certificate of physical examination
- § 391.45 Persons who must be medically examined and certified
- § 391.49 Alternative physical qualification standards for the loss or impairment of limbs
- § 391.51 General requirements for driver qualification files
- § 391.53 Driver investigation history file
- § 391.62 Limited exemptions for intracity zone drivers
- § 391.63 Multiple-employer drivers
49 CFR Part 392Driving of Commercial Motor Vehicles
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
Rules for the driver while operating a commercial motor vehicle, such as the alcohol prohibition and the bans on texting and on using a hand-held mobile telephone.
Applies to:DriverCompany
Official text of 49 CFR Part 392
Sections we cite (3)
49 CFR Part 393Parts and Accessories Necessary for Safe Operation
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
The equipment a commercial motor vehicle must have to operate safely, such as rear impact guards.
Applies to:Company
Official text of 49 CFR Part 393
Sections we cite (1)
- § 393.86 Rear impact guards and rear end protection
49 CFR Part 395Hours of Service of Drivers
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
How long a driver may drive and be on duty, and the record of duty status the driver must keep, including the rules for electronic logging devices (ELDs) that apply to drivers and carriers.
Applies to:DriverCompany
Official text of 49 CFR Part 395
Sections we cite (6)
49 CFR Part 396Inspection, Repair, and Maintenance
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
Systematic inspection, repair and maintenance of vehicles: the driver's vehicle inspection report, the periodic (annual) inspection, who may perform it, and the records to keep.
Applies to:CompanyDriverThird party
Official text of 49 CFR Part 396
Sections we cite (9)
- § 396.3 Inspection, repair, and maintenance
- § 396.7 Unsafe operations forbidden
- § 396.9 Inspection of motor vehicles and intermodal equipment in operation
- § 396.11 Driver vehicle inspection report(s)
- § 396.13 Driver inspection
- § 396.17 Periodic inspection
- § 396.19 Inspector qualifications
- § 396.21 Periodic inspection recordkeeping requirements
- § 396.25 Qualifications of brake inspectors
49 CFR Part 1572Credentialing and Security Threat Assessments
Source: Transportation Security Administration (TSA), U.S. Department of Homeland Security.
The security threat assessment a driver must pass to hold a hazardous materials endorsement on a commercial driver's license.
Applies to:Driver
Code of Federal Regulations, Title 14 — Aeronautics and Space
14 CFR Part 61Certification: Pilots, Flight Instructors, and Ground Instructors
Source: Federal Aviation Administration (FAA), U.S. Department of Transportation.
How pilots, flight instructors and ground instructors are certificated, and the recent flight experience a pilot needs before acting as pilot in command.
Applies to:Pilot
Official text of 14 CFR Part 61
Sections we cite (1)
- § 61.57 Recent flight experience: Pilot in command
14 CFR Part 67Medical Standards and Certification
Source: Federal Aviation Administration (FAA), U.S. Department of Transportation.
The medical standards a pilot must meet, and the medical certificates that show it.
Applies to:PilotThird party
14 CFR Part 120Drug and Alcohol Testing Program
Source: Federal Aviation Administration (FAA), U.S. Department of Transportation.
Drug and alcohol testing for people who perform safety-sensitive aviation functions, and what their employers must do.
Applies to:CompanyThird party
Official text of 14 CFR Part 120
Sections we cite (2)
Other official sources
Programs, statutes, state law and federal guidance the products name that are not part of the Code of Federal Regulations. Each links to its official source.
California Vehicle Code § 34505.5
Source: State of California.
California's 90-day inspection: a motor carrier operating certain trucks and trailers must have each one inspected at least every 90 days (brakes, steering and suspension, tires and wheels, connecting devices), correct the defects found before it runs again, and keep the records for two years.
Applies to:Company
California Employer Pull Notice Program (Vehicle Code § 1808.1)
Source: State of California.
An employer of drivers of certain commercial vehicles must review a new driver's DMV record, issued less than 30 days before hiring, and enroll its drivers in the DMV pull-notice system, which reports later convictions, accidents and actions against the license.
Applies to:Company
Drug and Alcohol Clearinghouse
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
The federal database of drug and alcohol program violations by commercial driver's license holders. Employers query it before hiring and once a year, and a driver must consent in the Clearinghouse before an employer runs a full query. The rules are in 49 CFR Part 382, Subpart G.
Applies to:CompanyDriver
Pre-Employment Screening Program (PSP)
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
Lets a motor carrier, with the driver's written consent, obtain the driver's recent crash and roadside inspection history from FMCSA's records. It is set up by 49 U.S.C. § 31150.
Applies to:CompanyDriver
National Registry of Certified Medical Examiners
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
The medical examiner who signs a driver's medical examiner's certificate must be listed on this registry. The rules for getting and staying listed are in 49 CFR Part 390, Subpart D.
Applies to:Third partyCompany
The registry itself is searched at nationalregistry.fmcsa.dot.gov.
Customs Trade Partnership Against Terrorism (CTPAT)
Source: U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security.
A voluntary supply-chain security program. Certified partners agree to meet its minimum security criteria, which include inspecting trucks and trailers before they cross the border.
Applies to:CompanyDriver
Unified Carrier Registration (UCR)
Source: Unified Carrier Registration Plan, under 49 U.S.C. § 14504a.
An annual registration, with a fee, for motor carriers, brokers, freight forwarders and leasing companies that operate in interstate commerce.
Applies to:Company
Fair Credit Reporting Act § 604 (15 U.S.C. § 1681b)
Source: U.S. Congress.
When a consumer report, such as a background or driving history report, may be obtained. For employment purposes it requires a clear written disclosure and the person's written authorization first.
Applies to:CompanyThird party
Personal conveyance guidance (83 FR 26377)
Source: Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation.
FMCSA's regulatory guidance, published June 7, 2018, on when a driver may record time spent moving a commercial motor vehicle for personal use as off duty under the hours-of-service rules.
Applies to:DriverCompany