Dispelling 5 common DOT compliance myths
Updated: Feb 13
Achieving DOT compliance can be tricky. Even seasoned safety professionals occasionally fall prey to some regulatory assumptions that aren’t quite true. Unfortunately, these misconceptions can lead to costly violations, increased exposure, and unnecessary headaches for trucking companies and their drivers.
At Trucksafe, we help motor carriers navigate the complex web of federal and state safety regulations. In this article, we’ll debunk five of the most common DOT compliance myths to help you stay on the right side of the law and keep your fleet running safely and efficiently.
Myth 1: If My Driver Has a CDL, They're Qualified to Operate a Commercial Vehicle
Some carriers mistakenly believe that just because a driver holds a commercial driver’s license (CDL), they are fully qualified to operate a commercial motor vehicle (CMV). While a CDL is certainly a legal requirement for certain types of CMVs, it’s really only one part of the equation.
The Truth: CDL Holders Must Meet Additional Qualification Requirements
The Federal Motor Carrier Safety Regulations (FMCSRs) require motor carriers to ensure that drivers meet all driver qualification (DQ) standards beyond simply holding the right type of license for the CMVs they intend to operate. These requirements include, but aren't necessarily limited to the following:
CDL Classes, Endorsements & Restrictions: As discussed in a prior article, CDLs come in a few varities (i.e., classes) depending on what type(s) of CMVs the driver intends to operate. Carriers must ensure their drivers hold the right class of CDL and have any necessary endorsements (e.g., hazmat, doubles/triples, passenger, school bus, tanker) to operate the types of CMVs the carrier expects them to operate.
Medical Certification: Drivers must possess a valid medical examiner’s certificate (med card) issued by a certified medical examiner listed on the National Registry, and carriers must ensure those examiners are, in fact, on the Registry.
Safety Performance History & Background Checks: Carriers must investigate a driver’s past employment, including checking with previous employers on the driver's accident history.
Motor Vehicle Reports (MVRs): Carriers must obtain an MVR from every state in which a driver applicant has been licensed in the past 3 years and review those MVRs to ensure the driver is properly licensed and not disqualified due to past violations.
Road Test or Equivalent: Carriers must ensure drivers can safely operate the vehicles they will be assigned. While a CDL generally satisfies this requirement, additional evaluations may be needed for specialized equipment and may be warranted despite a driver holding a CDL.
Failing to verify and document a driver’s full qualification status can result in fines, out-of-service orders, and heightened liability in the event of a crash. Check out our previous article for an in-depth breakdown of the driver qualification process, or check out our online course on the topic.
Myth 2: Personal Conveyance Can Be Used to Avoid Violating Hours of Service Rules
Some drivers, dispatchers, and fleet managers mistakenly believe drivers can simply use personal conveyance (PC) as a loophole to extend their driving time or reset their hours of service (HOS) clock. Common examples include using PC when running out of driving hours, returning to a terminal after unloading, or proceeding down the road to find a better parking location.
The Truth: Personal Conveyance Has Strict Limitations
As we've discussed at length, FMCSA guidance restricts personal conveyance to personal, non-business-related travel in a CMV. For example, a driver may use their truck for personal use after they have been relieved of all work duties. Some legitimate examples include:
Driving to a restaurant or lodging facility after ending a work shift
Commuting to/from the driver's home and the carrier's terminal
Moving a truck at the request of law enforcement
However, the following situations do not qualify as personal conveyance:
Driving to find parking after the driver ran out of available hours
Moving the truck closer to a customer’s location to pick up the next load the following morning
Returning an empty trailer to a carrier’s terminal
Misusing personal conveyance can lead to log falsification violations, which cause serious problems during roadside inspections and in DOT compliance reviews. In fact, log falsifications stemming from PC misuse are among the most common violations discovered in these contexts. Check out our other article where we break down 5 common PC mistakes.
Myth 3: My Company Is Exempt from DOT Drug & Alcohol Testing (And Other Rules) Because We Only Operate Intrastate
Some carriers assume that if they operate only within one state (intrastate), they don’t have to comply with DOT regulations, but that's not necessarily the case.
The Truth: Intrastate Carriers May Still Be Subject to FMCSA and/or State Safety Regulations
As a preliminary matter, the distinction between interstate and intrastate commerce is not as intuitive as it may seem at first blush. As we discussed in another article, drivers who never physically cross state lines may still be engaged in interstate commerce and, thus, subject to the FMCSRs, depending on the nature of their freight.
Putting that issue to the side, even if you're engaged exclusively in intrastate commerce, you're not necessarily relieved of all compliance obligations. For one, certain portions of the FMCSRs apply to both interstate and intrastate commerce, namely the CDL and drug/alcohol testing provisions. Accordingly, if you're a fleet whose drivers operate CMVs that require a CDL (e.g., weighing more than 26,000 lbs), then you're generally subject to the FMCSA's drug/alcohol testing rules just like an interstate fleet.
Second, even if your fleet only operates in intrastate commerce, it's possible that the state(s) in which you operate has adopted the majority of the FMCSRs and made them applicable to intrastate operations. Indeed, every state in the country, as a condition to receiving federal funds under the MCSAP program, have agreed to adopt and enforce the vast majority of the FMCSRs even for intrastate commerce within their borders. That said, the states are afforded some leeway to modify those regulations, including changing their applicability. However, the point is that intrastate-only fleets need to understand that they may be subject to their state's adoption of the FMCSRs, so they need to do some research to ascertain whether those rules apply.
Myth 4: Only Large Carriers Are in the Crosshairs
A common belief in the industry is that the FMCSA and the plaintiff's bar primarily target large fleets, while smaller carriers fly under the radar. Many small trucking businesses assume they can avoid audits or highway accident exposure simply because of their size.
The Truth: Regulated Carriers Are Big Targets, Regardless of Their Size
The FMCSA prioritizes carriers for enforcement based primarily on their Safety Measurement System (SMS) scores, which are influenced by violations from roadside inspections. This way, the agency ensures that it focuses its resources on the carriers who seem to have the biggest issues with compliance. A carrier's size typically does not influence whether the FMCSA will conduct an audit. Indeed, most of the audits the FMCSA conducts are of fleets of fewer than 50 trucks.
In addition, just because you're a small fleet doesn't necessarily mean you're immune from highway accident litigation. The fact is most small fleets are required to carry a certain level of commercial auto liability insurance (e.g., $750,000). That, in itself, makes you a target of the plaintiff's bar following a highway accident. Beyond that, if you have any assets whatsoever (e.g., trucks, trailers, real estate), those will also likely be up for grabs in the event a judgment is rendered against you that exceeds your insurance policy limits.
In sum, the size of your fleet matters very little in terms of your exposure stemming from non-compliance.
Myth 5: If My Truck Is Under 26,001 lbs., DOT Regulations Don’t Apply to Me
Some carriers and/or owner-operators mistakenly believe that if their truck’s gross vehicle weight rating (GVWR) is under 26,001 pounds, they are completely exempt from DOT regulations.
The Truth: Many DOT Regulations Apply to Smaller Vehicles, Too
While a few federal regulations (e.g., the CDL and drug/alcoholt testing requirements) apply only to larger CMVs (e.g., those requiring a CDL), the vast majority of the FMCSRs apply to smaller vehicles (i.e., those that weigh more than 10,000 lbs) operated in interstate commerce.
Indeed, if your vehicle has a GVWR, gross combination weight rating (GCWR), actual weight, or combination weight of 10,001 pounds or more and is used in interstate commerce, you are generally subject to the following requirements, among others:
Driver Qualification (DQ) Rules – Including maintaining a driver file and conducting annual MVR checks.
Hours of Service Rules – You must comply with HOS requirements unless a specific exemption applies.
Vehicle Inspection, Repair & Maintenance Rules – Pre-trip inspections and periodic inspections are required.
DOT Number & Markings – You must display a USDOT number on the vehicle.
Check out our other article where we break down the various requirements that apply to the operation of CMVs depending on their weights.
As noted previously, if you are engaged exclusively in intrastate commerce, there's a possibility that your state's safety regulations apply only to larger vehicles. Texas, for example, only regulates vehicles that weigh more than 26,000 lbs. But again, it's important that you understand how the states in which you operate have adopted and enforce their safety regulations.
Final Thoughts: Compliance Myths Can Be Costly
Misinformation about DOT compliance can lead to violations, financial penalties, and increased liability. By understanding the truth behind these common myths, motor carriers and their drivers can make informed decisions that enhance safety and ensure regulatory compliance.
At Trucksafe, we specialize in helping fleets navigate DOT regulations through expert guidance, online training, and compliance solutions. If you need assistance with driver qualification, HOS compliance, or preparing for a DOT audit, we’re here to help.
About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.