Welcome to your August 2026 Compliance+ Regulatory Update. Each month, we compile the most important regulatory developments, enforcement trends, and compliance reminders so you can stay ahead of the curve. As always, reach out to us with any questions about how these updates affect your operation or how we can help!
1. FMCSA's Deregulatory Rulemaking Push: What the Latest Changes Mean for Your Fleet
The current administration's deregulatory posture at FMCSA continues to produce tangible regulatory changes, and the pace of rulemaking activity in 2026 has been significant. FMCSA has finalized additional rule revisions as part of its broader effort to reduce administrative burden on carriers, but as we've emphasized before, "deregulatory" does not mean "anything goes."
Key points for fleet safety directors:
Administrative and procedural requirements have been the primary targets. The deregulatory focus has largely addressed reporting frequency, recordkeeping formats, and certain notification obligations — not the underlying safety standards. Core requirements under 49 CFR Part 391 (driver qualification) and 49 CFR Part 396 (vehicle maintenance) remain substantively intact.
Some compliance program documentation may need to be updated. If your safety manual or internal SOPs reference specific regulatory language that has been revised, now is the time to update those documents. Referencing superseded regulations during a compliance review or audit creates unnecessary risk.
The deregulatory environment does not reduce enforcement pressure. FMCSA's enforcement posture and CSA scoring system have not been relaxed in tandem with rulemaking. Carriers who interpret deregulatory changes as a green light to loosen their compliance programs are making a costly mistake.
For a complete breakdown of the specific rules that have been finalized, see our in-depth article: FMCSA Finalizes More Deregulatory Rules. For a broader look at the full 2026 regulatory agenda, read: FMCSA's 2026 Regulatory Agenda: Everything Trucking Companies Need to Know.
Action Item: Review finalized rule changes against your current safety manual and compliance procedures. Update any internal documentation referencing superseded regulatory language. If you're unsure whether your program reflects current requirements, our audit readiness team can help you find out.
2. Marijuana Rescheduling, Executive Orders, and CDL Drug Testing — Where Things Stand in August 2026
The marijuana regulatory landscape remains one of the most confusing areas in trucking compliance, and the consequences of a misstep are severe. Here is where things stand as of this update.
DOT's drug testing program has not changed. Despite ongoing federal rescheduling activity and executive order discussions, DOT's program under 49 CFR Part 40 remains unchanged. Marijuana is still a prohibited substance for safety-sensitive transportation employees, full stop. Read our detailed analysis: Medicinal Marijuana Is Now Schedule III. For CDL Drivers, the Answer Is More Complicated Than It Should Be.
Medical marijuana cards cannot override a positive DOT drug test. A Medical Review Officer (MRO) cannot and will not accept a medical marijuana card or prescription as a legitimate medical explanation for a positive THC result. DOT and FMCSA have been unambiguous. See: DOT: Medical Marijuana Cards Can't Override a Positive Test.
Executive order activity has created noise — not a change in legal obligations. For context on how executive actions intersect with CDL drug testing requirements, see: CDL Drug Testing Faces Uncertainty After Trump Executive Order.
Clearinghouse enforcement is active and Phase 2 obligations remain in effect. Drivers with unresolved drug or alcohol violations cannot legally operate a CMV. Carriers must query the Clearinghouse pre-employment and conduct annual queries for all employed CDL drivers.
2026 random testing rates are unchanged. FMCSA kept random drug and alcohol testing rates the same for 2026. For details: FMCSA Keeps Random Drug & Alcohol Testing Rates the Same for 2026.
Action Item: Brief your drivers and supervisors on the current state of DOT drug testing — particularly that neither marijuana's federal scheduling status nor any executive order has changed their obligations. Verify your Clearinghouse annual query process is on track for all currently employed CDL drivers. If you have questions about your drug and alcohol program, contact us.
3. NRII Waiver Extended Through October 11 — Medical Certificate Relief Continues
FMCSA has extended the National Registry of Certified Medical Examiners (NRCME) Integration (NRII) waiver through October 11, 2026. This waiver, which allows drivers and carriers to continue using paper medical certificates in lieu of full electronic integration, has been extended multiple times as FMCSA works to resolve the system's technical implementation challenges.
What this means in practice:
Paper medical certificates remain acceptable through October 11. Drivers who have received a physical examination from a certified medical examiner may continue presenting a paper certificate as proof of their physical qualifications for up to 60 days after their exam. After those 60 days have expired, their medical qualification must be confirmed on an MVR.
Your DQ files should still contain current, valid medical certificates. The waiver does not relax the underlying requirement for drivers to be medically certified. Under 49 CFR §391.45, drivers must be physically qualified, and documentation of that qualification must be in the driver qualification file.
October 11 is approaching. Carriers should watch for further FMCSA announcements regarding the NRII system and whether another extension will be granted. Do not assume a further extension will be issued automatically — prepare for the possibility that the waiver expires on schedule.
For our full coverage, including what the original waiver covers and what carriers should be doing now: FMCSA Extends NRII Waiver Through October 11, Continuing Paper Medical Certificate Relief.
Action Item: Audit your DQ files now to confirm every driver has a current, valid medical certificate on file. Flag any expirations coming up before October 11. Set a calendar reminder to monitor FMCSA for waiver extension announcements as that date approaches.
4. MOTUS System Rollout Continues
FMCSA's MOTUS system — the agency's ambitious overhaul of the carrier registration and operating authority process — continues its phased rollout in 2026. If your fleet has not yet engaged with what MOTUS means for your registration obligations, now is the time to get up to speed.
Key developments and what they mean for your operation:
MOTUS is replacing the legacy MCMIS/SAFER registration infrastructure. The new system is designed to modernize how FMCSA manages carrier registration, operating authority, and related compliance data. For carriers, this means changes to how you access and update your information.
MCS-150 biennial updates and registration changes will eventually flow through MOTUS. As the system becomes fully operational, the processes you use to file your MCS-150, update operating authority, and manage your USDOT registration will change. Early familiarity with the system reduces transition friction.
FMCSA has signaled that legacy system access will be phased out. Carriers who wait until the last minute to transition may encounter delays in processing routine registration updates — at exactly the wrong time.
The rollout, thus far, has been fairly rocky. Check out our recent discussion with FMCSA Administrator Derek Barrs in which he explains the ongoing difficulties.
Action Item: Designate someone in your organization as the point person for MOTUS transition. Confirm your USDOT registration information is current and accurate. Verify your MCS-150 is up to date; if your operation has changed significantly, don't wait for the biennial deadline.
5. Iowa's English Proficiency Law and the Growing State Legislative Trend
Iowa's recently passed Senate File 2426 — which imposes English proficiency requirements on CMV operators in the state — continues to generate significant attention from carriers operating in the Midwest. As we've covered in previous updates, this legislation represents a broader trend of states taking independent action on CDL and driver qualification issues that have historically been the domain of federal regulation.
What carriers need to know now:
State-level driver qualification requirements are proliferating. Between non-domiciled CDL enforcement, English proficiency laws, and CDL eligibility legislation like Dalilah's Law, the patchwork of state requirements affecting your drivers is growing. A driver who is federally qualified may nonetheless face operational restrictions in certain states.
The federal English proficiency standard under 49 CFR §391.11(b)(2) has not changed. Federal regulations require that CDL drivers "can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language." Iowa's legislation builds on — and in some respects goes beyond — this baseline.
Carriers operating in Iowa should understand their obligations under SF 2426. For a full breakdown of what the law requires and how it affects your operations, read: Iowa English Proficiency Law Progresses Through State Legislature: What SF 2426 Means for Carriers.
Action Item: If you operate in Iowa or plan to route drivers through the state, review your driver qualification process to ensure it addresses English proficiency documentation. More broadly, designate someone on your team to monitor state legislative developments that may affect your driver qualification obligations — the federal compliance framework is no longer the only one you need to track. If you need ELP-related resources, check out our offerings here.
6. Mid-Summer Compliance Checklist: Don't Let the Summer Slowdown Become a Compliance Gap
July and August are historically the months when compliance programs drift. Summer vacations, driver turnover, and operational demands create gaps in documentation that have a way of surfacing at exactly the wrong time — during an audit or a post-accident review. Use this mid-summer checklist to make sure your program is on track.
Driver Qualification Files: Are all DQ files current? Check MVR dates, medical certificate expiration dates, annual review certifications, and Clearinghouse annual query records for every driver. Under 49 CFR Part 391, these are not optional.
CDL Drug & Alcohol Program: Is your random testing pool current and accurate? Have all new hires been added to the consortium? Are pre-employment Clearinghouse queries being completed before every new driver's first dispatch?
Vehicle Maintenance Records: Are DVIRs being completed and retained properly? Are PMs on schedule? Under 49 CFR Part 396, systematic maintenance records are a core audit requirement.
ELD Compliance: Are your ELDs functioning correctly and transmitting data? ELD tampering and data manipulation remain enforcement priorities following the 2026 International Roadcheck.
Operating Authority & Registration: Is your MCS-150 current? Has anything changed in your operation — number of drivers, vehicles, or commodity types — that would require an update? Don't wait for the biennial deadline if your operation has materially changed.
DataQs: When did you last review your FMCSA SMS profile? Are there challengeable violations sitting on your record? With the new DataQs appeals process live, now is a good time to do a full review.
If you want a professional set of eyes on your compliance program before a regulator gets there first, our audit readiness services are designed exactly for this purpose. You can also explore our compliance templates and checklists in our online shop.
Action Item: Assign your safety team to complete the mid-summer compliance checklist this week. Document the review. If you find gaps, address them now — not after you receive a notice of investigation.
