Navigating the Overlap: Federal vs. State Motor Carrier Safety Regulations
I. Introduction
The regulation of motor carriers in the United States is a complex system involving both federal and state oversight. While the Federal Motor Carrier Safety Regulations (FMCSRs) establish nationwide safety standards for commercial motor vehicles (CMVs) operating in interstate commerce, individual states have the authority to regulate intrastate motor carriers within their borders. This dual regulatory structure often creates challenges for carriers trying to maintain compliance across multiple jurisdictions.
Understanding the interplay between federal and state regulations is critical for motor carriers to avoid penalties from non-compliance, ensure operational efficiency, and maintain safety. Federal regulations apply uniformly across all states for carriers engaged in interstate commerce, but state-level rules vary widely. The Motor Carrier Safety Assistance Program (MCSAP) plays a significant role in shaping state-level enforcement, requiring participating states to adopt the FMCSRs or equivalent standards for intrastate carriers as a condition to receiving federal grant funds. However, even states that participate in MCSAP have some leeway to, and often do, impose slightly different motor carrier safety rules, leading to inconsistencies in the enforcement landscape.
This article explores the fundamental principles of FMCSRs, the role of MCSAP, key areas where state regulations tend to diverge from federal rules, and the impact of federal preemption under 49 U.S.C. § 31141 on state regulations. It also highlights the compliance challenges faced by motor carriers operating across multiple jurisdictions and provides guidance on navigating this regulatory landscape.
II. Federal Motor Carrier Safety Regulations (FMCSRs)
The FMCSRs, promulgated by the Federal Motor Carrier Safety Administration (FMCSA), set forth safety and operational requirements for CMVs engaged in interstate commerce. These regulations are generally crafted to prevent crashes, injuries, and fatalities involving large trucks and buses. They cover a broad range of topics, including driver qualifications, hours of service (HOS), vehicle maintenance, and drug/alcohol testing..
The FMCSA, an agency within the U.S. Department of Transportation (DOT), is responsible for enforcing these regulations, though enforcement is often carried out by state agencies through cooperative agreements like MCSAP. As addressed in detail in another Trucksafe article, the FMCSRs generally apply to CMVs engaged in interstate commerce. Generally, the FMCSRs apply to vehicles meeting one or more of the following criteria:
A gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,001 lbs. or more
Designed to transport 9 or more passengers (including the driver) for compensation
Designed to transport 16 or more passengers (including the driver) not for compensation
Used in the transportation of hazardous materials requiring placarding under DOT regulations
Certain exemptions apply, such as those for farm vehicles, emergency responders, and government-controlled operations, but the vast majority of for-hire and private motor carriers engaged in interstate commerce must comply with the FMCSRs.
III. The Motor Carrier Safety Assistance Program (MCSAP)
The Motor Carrier Safety Assistance Program (MCSAP) is a federal grant initiative that provides funding to states for motor carrier safety enforcement activities. Under MCSAP, FMCSA partners with states to ensure uniform enforcement of the FMCSRs and to enhance safety programs aimed at reducing crashes and fatalities involving CMVs. According to FMCSA, the agency granted over $480M under MCSAP in 2024 alone.
The MCSAP program is governed by federal statute and FMCSA regulations. See 49 USC 31102; 49 CFR Part 350. To receive MCSAP funding, states must adopt and enforce regulations that are substantially similar to the FMCSRs for intrastate carriers. Additionally, they must participate in national data collection efforts, conduct roadside inspections and compliance reviews, and take enforcement action against non-compliant carriers. The intent of MCSAP is to create consistency in safety enforcement across the country; however, states still have significant discretion in regulating intrastate motor carriers, leading to notable differences in certain areas. According to the enabling statute:
"In carrying out the program, the Secretary [of Transportation] shall prescribe procedures for a State to submit a multiple-year plan, and annual updates thereto, under which the State agrees to assume responsibility for improving motor carrier safety by adopting and enforcing State regulations, standards, and orders that are compatible with the regulations, standards, and orders of the Federal Government on commercial motor vehicle safety and hazardous materials transportation safety."
IV. Areas Where State Regulations Differ from FMCSRs
While MCSAP promotes uniformity, it does allow states some flexibility in certain regulatory areas while prohibiting variations in others. The key is that, as a condition to receiving grant funds, states must adopt FMCSRs for intrastate motor carriers but may impose additional or different requirements in certain limited situations, so long as those laws are "compatible" with the FMCSRs.
In particular, the FMCSA's MCSAP regulations provide the following as it pertains to state laws governing interstate commerce within their borders: "If a State satisfactorily demonstrates a law, regulation, standard, or order on CMV safety is identical to or has the same effect as the FMCSRs, the State provision is compatible and enforceable. If a State satisfactorily demonstrates a law, regulation, standard, or order on CMV safety that is in addition to or more stringent than the FMCSRs has a safety benefit, does not unreasonably frustrate the Federal goal of uniformity, and does not cause an unreasonable burden on interstate commerce when enforced, the State provision is compatible and enforceable. If a State law, regulation, standard, or order on CMV safety is less stringent than the FMCSRs, the State provision is not compatible and not enforceable."
In other words, when it comes to interstate operations, states generally must only adopt and enforce motor carrier safety laws that are the same as the FMCSRs; however, they are empowered to adopt more stringent regulations, but only if those regulations do not unreasonably burden interstate commerce or the FMCSA's goal of uniformity across the country.
On the other hand, when it comes to intrastate commerce, FMCSA's MCSAP regulations provide: "If a State satisfactorily demonstrates a law, regulation, standard, or order on CMV safety is identical to or has the same effect as the FMCSRs, the State provision is compatible and enforceable. If a State satisfactorily demonstrates a law, regulation, standard, or order on CMV safety that is in addition to, more stringent than, or less stringent than the FMCSRs falls within a limited variance from the FMCSRs allowed under § 350.305 or § 350.307, the State provision is compatible and enforceable."
So, for intrastate operations, the states have some additional leeway to deviate from the FMCSRs, but those deviations are still circumscribed by the FMCSA's regulations. In particular, the FMCSA's regulation go on to specificy what particular deviations the states are entitled to make to the FMCSRs for intrastate operations within their borders. In this regard, the states may not (1) grant exemptions from regulation to carriers based solely on their operation type (e.g., for-hire versus private); (2) exempt placardable hazmat operations or passenger carrier operations in vehicles designed or used to transport 16 or more passengers; or (3) grant exemptions based solely on the distance in which carriers operate. See 49 CFR 350.305.
On the other hand, the states can make the following deviations: (1) exempt CMVs from all or parts of the motor carrier safety regulations if the CMVs weigh less than 26,001 lbs.; (2) expand the HOS regulations but not to exceed a 12-hour driving limit, 16-hour driving window, or a 80 hour limit in 8 days; (3) allow some limited physical qualification exemptions for drivers; and (4) lower the minimum CMV driving age but not below 18. See id.
In light of these allowances, many states' intrastaste motor carrier safety regulations deviate from the federal rules in certain ways. Here are a few examples:
State-Specific CMV Definitions: Some states modify the federal definition of a CMV for intrastate purposes. For example, Texas increases the weight threshold for CMVs to 26,001 lbs., thereby subjecting fewer vehicles to its state motor carrier safety regulations so long as they are operated exclusively in intrastate commerce. Indiana does something similar, but only for private motor carriers.
More Lenient Intrastate HOS Requirements:Â Many states have modified their intrastate HOS regulations to be more lenient that the FMCSRs. Texas, for example, has adopted a 12-hour driving limit, 15-hour time window, and 70-hours in 7 days limit.
California's More Stringent Regulations: Unlike most other states' safety regulations which are generally either identical or slightly less stringent than the FMCSRs, a few states have some intrasate motor carrier safety regulations that are slightly more stringent than their federal counterparts. California's safety regulations, for example, apply to a broader group of CMVs for for-hire carriers. In particular, CMVs operating for for-hire carriers in California intrastate commerce are regulated regardless of their weight, whereas the FMCSRs generally only apply to CMVs that exceed 10,000 lbs. Likewise, California requires CMVs to be inspected every 90 days as opposed to the annual inspections mandated by the FMCSRs for interstate-regulated vehicles.
V. Federal Preemption Under 49 U.S.C. § 31141
Another important aspect of the interplay between federal and state motor carrier safety regulations is the doctrine of federal preemption under 49 U.S.C. § 31141. This statute gives FMCSA the authority to review state laws and determine whether they are preempted because they either:
Are less stringent than federal regulations
Are incompatible with FMCSRs
Create an unreasonable burden on interstate commerce
FMCSA has historically used this authority to strike down state regulations that conflict with federal law. For example, FMCSA determined that California’s & Washington's state meal and rest break laws were preempted because they interfered with federal hours-of-service rules, leading to an inconsistent patchwork of regulations that burdened interstate motor carriers. Similarly, FMCSA has determined that certain state rules governing the required markings on the sides of CMVs are preempted by federal law.
These types of decisions underscore FMCSA’s role in ensuring regulatory uniformity across state lines, providing motor carriers with clearer compliance expectations.
VI. Practical Advice for Motor Carriers
Navigating the complex interplay of federal and state regulations can be challenging for motor carriers, particularly those operating in multiple states and those transporting mixed loads of interstate and intrastate freight. To minimize compliance risks, carriers would be well advised to consider the following strategies:
Standardize Compliance Practices: Carriers operating both interstate and intrastate should consider adhering to FMCSRs across the board, as these regulations are generally more stringent than state-specific rules. This approach simplifies compliance and reduces exposure to enforcement actions. However, these carriers should be aware of the few states (e.g., California) that impose rules that are more stringent than their federal analogs.
Monitor State-Level Changes: State regulations tend to change more frequently than the FMCSRs and with less fanfare. Regularly reviewing state DOT websites and subscribing to regulatory updates can help carriers stay informed.
Engage Legal & Compliance Experts: Working with attorneys and consultants who specialize in motor carrier safety regulations can help carriers navigate discrepancies between federal and state requirements.
Leverage Compliance Software & Resources: Utilizing compliance tracking software and resources such as the Trucksafe Network can help carriers maintain up-to-date knowledge of regulatory developments, particularly at the federal level.
By proactively managing compliance and staying informed about regulatory changes, carriers can minimize risk and avoid costly penalties and other issues stemming from non-compliance.
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.