DOT & Trucking News

FMCSA's nationwide exemption letting carriers and drivers treat a paper copy of the medical examiner's certificate (MEC) as proof of medical certification for up to 60 days ends October 11, 2026. For CDL and CLP holders licensed in a State that has not implemented National Registry II (NRII), FMCSA's standing paper-based guidance then governs again.

• Carriers may use a copy of the driver's current MEC as proof for up to 15 days after issue, and must place a copy in the driver qualification file.
• Medical examiners must check the driver's State of licensure against FMCSA's list of non-implementing States before the exam, issue a paper MCSA-5876, and report the result to the National Registry by midnight local time the next calendar day.
• Drivers licensed in those States still submit a paper MCSA-5876 to their State licensing agency.

What it means: Check each driver's State of licensure against FMCSA's current list at the NRII Learning Center, and plan for the 15-day file window where the State still relies on paper.

Source: FMCSA: Guidance for non-NRII States (issued July 7, 2025)

The FAA is seeking public comment before asking OMB to renew the information collection behind its drug and alcohol testing program for personnel engaged in specified aviation activities. This is the 30-day notice; the 60-day notice published April 24, 2026. No change to current testing requirements is announced.

• Comments are due November 2, 2026, under Docket No. FAA-2026-1985.
• FAA uses the collection to determine compliance of regulated aviation employers and contractors, including certificated foreign repair stations.
• It also supports oversight planning and identifies which employers must submit annual Management Information System (MIS) testing data.

What it means: FAA-regulated employers and the service agents that run their testing programs can comment on the scope and reporting burden, including the annual MIS report. Nothing here changes FMCSA testing duties for motor carriers.

Source: Federal Register: FAA Drug and Alcohol Testing Program Information Collection (published October 2, 2026)

FMCSA has issued a final rule lengthening the automatic emergency relief triggered by a regional declaration of emergency from 14 days to 30 days. It takes effect October 5, 2026 and reverses a change FMCSA made in October 2023, responding to petitions for reconsideration.

• The rule makes one amendment: in 49 CFR 390.23(b), "14" becomes "30." Docket No. FMCSA-2025-0124.
• The automatic exemption covers commercial motor vehicles giving direct assistance after an emergency declared by a State Governor, the Governor's authorized representative, or FMCSA, and exempts those operations from the hours of service limits in 49 CFR 395.3 and 395.5.
• Relief still ends with the emergency period if that period is shorter than 30 days, and FMCSA may extend beyond 30 days under 49 CFR 390.25.
• Petitions for reconsideration are due November 4, 2026.

What it means: Carriers providing direct assistance after a regional emergency declaration get the full 30 days without filing an extension request. The exemption reaches only hours of service — drug and alcohol testing and medical certification requirements continue to apply.

Source: Federal Register: FMCSA, Clarification to the Applicability of Emergency Exemptions (published October 5, 2026)

Official reference: eCFR: 49 CFR 390.23

FMCSA has denied a request from Agri-Tech Aviation to let its commercial learner's permit (CLP) holders who passed the CDL skills test drive company trucks without a CDL holder in the passenger seat. The agency said the application did not show an equivalent level of safety, citing the likelihood those drivers would haul placarded hazardous materials.

• Decision published September 30, 2026, Docket FMCSA-2025-0226; of 38 comments received, none supported the request.
• Under 49 CFR 383.93(a)(2) the only endorsements allowed on a CLP are passenger (P), school bus (S) and tank vehicle (N), so a CLP holder cannot hold a hazardous materials endorsement.
• FMCSA has granted similar CLP exemptions to several large carriers in the past.

What it means: Without its own exemption, a carrier still needs an accompanying CDL holder for a driver operating between the skills test and CDL issuance, and such a request is unlikely to succeed where placarded hazmat is involved.

Source: Land Line: Company's CLP exemption denied over hazmat concerns (published October 2, 2026)

Official reference: Federal Register: Application for Exemption; Agri-Tech Aviation

HHS published its monthly list of certified drug testing laboratories on September 30, 2026, and it again states that no laboratory is certified to conduct drug and specimen validity tests on oral fluid specimens. DOT authorized oral fluid testing as an alternative to urine effective June 1, 2023, but more than three years later the method still cannot be used.

• Under 49 CFR 40.81(a), a U.S. laboratory may take part in DOT drug testing only if HHS certifies it under the National Laboratory Certification Program for each specimen testing methodology it performs. With no oral fluid certifications, no laboratory may test a DOT oral fluid specimen.
• The urine side of the list is unchanged from the September 1 notice: 14 certified laboratories, two of them limited to Veterans Affairs or Defense Department employees, plus one Instrumented Initial Testing Facility, which DOT does not permit to test DOT-regulated specimens.
• DOT's final rule published May 11, 2026 and effective June 10, 2026 requires a directly observed urine collection where Part 40 would otherwise call for an oral fluid test, precisely because oral fluid testing is not yet available.

What it means: Urine remains the only usable specimen type for DOT testing. Employers and C/TPAs should not write oral fluid into a DOT testing policy or collection site instructions yet, and the first oral fluid certification on this monthly list is the event to watch.

Source: Federal Register: HHS/SAMHSA, Current List of HHS-Certified Laboratories and Instrumented Initial Testing Facilities (published September 30, 2026)

Official reference: eCFR: 49 CFR 40.81 and the DOT final rule effective June 10, 2026

FMCSA has posted a notice on the Drug & Alcohol Clearinghouse website covering two service interruptions on Sunday, October 4, 2026. The first is an eleven-hour window in which the Clearinghouse cannot verify driver CDL information, because of maintenance on the Commercial Driver Licensing Information System (CDLIS).

• Sunday, October 4, 2026, 2 a.m. to 1 p.m. Eastern Time: Clearinghouse users will not be able to verify driver CDL information.
• Sunday, October 4, 2026, 6 p.m. to 8 p.m. ET: Pay.gov services will be temporarily unavailable, and FMCSA asks employers not to attempt to purchase Clearinghouse query plans during that interruption.

What it means: Any Clearinghouse action that depends on CDL verification, including registration steps and queries, should be scheduled outside the morning window. If you need query plan credits for pre-employment or annual queries, buy them before 6 p.m. ET Sunday or wait until after 8 p.m. ET so a purchase does not fail mid-transaction.

Source: FMCSA Drug & Alcohol Clearinghouse: Clearinghouse News site notice (retrieved October 2, 2026)

The U.S. Department of Transportation has published a petition for rulemaking asking it to amend 49 CFR Part 40 to add structured medical verification steps when an employee offers a medical explanation for an abnormal specimen validity finding, such as an out-of-range pH. DOT is taking comment on whether to grant the petition. It has not proposed a rule.

• Docket No. DOT-OST-2026-3664. Comments are due November 2, 2026.
• The petition would give the employee up to 72 hours to submit documentation from a licensed medical provider, and require a written MRO determination before a directly observed recollection under 49 CFR 40.67.
• It also asks the MRO to consider consulting a urologist or mental health professional when a diagnosed voiding disorder such as paruresis is asserted, and to document that review before verifying a refusal to test.
• DOT notes the petition cites 49 CFR 40.193, but that 49 CFR 40.159 appears to be the provision to consider amending.

What it means: Nothing changes today, and current invalid-result and insufficient-specimen procedures still apply. MROs, collectors, employers, and drivers can comment through November 2.

Source: Federal Register: DOT, Petition for Rulemaking; Invalid Specimen Determinations (published October 1, 2026)

FMCSA has denied an application from the Federation of Professional Truckers that would have let professional drivers choose to record their records of duty status on paper instead of using an electronic logging device. The agency published its final disposition on September 30, 2026.

• Docket No. FMCSA-2025-1282, notice of final disposition and denial of the application for exemption.
• FMCSA reviewed the application and the public comments and concluded the exemption would not achieve a level of safety equivalent to or greater than the level achieved without it.

What it means: Nothing changes. Carriers and drivers subject to the electronic logging device rule must continue using a registered ELD to record hours of service unless they qualify for an exception already written into 49 CFR Part 395.

Source: Federal Register: FMCSA, Electronic Logging Device Requirements; Application for Exemption, Federation of Professional Truckers (published September 30, 2026)

FMCSA safety investigators joined state police in South Carolina, North Carolina, Florida and Georgia, along with the Department of Homeland Security, for an overnight commercial vehicle enforcement operation conducted Saturday, September 26, 2026. Inspectors verified driver credentials, checked for fatigue, reviewed electronic logging devices and assessed English Language Proficiency along major freight corridors, including I-95.

• 552 inspections conducted
• 78 drivers placed out of service, including 12 for English Language Proficiency violations and some holding non-domiciled CDLs
• 25 vehicles placed out of service

What it means: Driver qualification, not just vehicle condition, is being checked during night and weekend inspections. Carriers should confirm that driver credentials and driver qualification files are current and complete before dispatch.

Source: FMCSA: Operation Saturday Night Fever (published September 30, 2026)

FMCSA has redesigned the Drug & Alcohol Clearinghouse Monthly Summary Report and published the updated January 2026 edition, with more 2026 reports to follow. The agency has issued the report since May 2020 and reevaluated its format in early 2026.

• The report moved from a PDF to a live webpage that can still be saved as a PDF.
• Data extraction and processing methods were revised for accuracy, and the presentation was reorganized to highlight trends.
• FMCSA cautions that annual totals in the 2026 reports may differ slightly from earlier reports because of those revised methods.
• In the January 2026 report, as of February 1, 2026, nearly 80% of drivers in prohibited status had not begun the return-to-duty process, and 6,296,461 unique CDL/CLP drivers had been queried since January 6, 2020.

What it means: Employers and C/TPAs that track Clearinghouse statistics should expect a new report format, and should not read small shifts in the 2026 annual tables as real changes in violation volume.

Source: FMCSA: Clearinghouse Monthly Summary Report Redesigned (published September 29, 2026)

With the fourth quarter beginning October 1, carriers reviewing their DOT drug and alcohol programs should confirm that everyone designated to supervise CDL drivers has the training FMCSA requires before a reasonable suspicion test can be ordered.

• 49 CFR 382.603 requires at least 60 minutes of training on alcohol misuse plus at least an additional 60 minutes on controlled substances use, covering the physical, behavioral, speech, and performance indicators of probable misuse. It is one-time; recurrent training is not required.
• Under 49 CFR 382.307(c), the observations behind a reasonable suspicion test must be made by a supervisor or company official trained under 382.603.
• The determination must rest on specific, contemporaneous, articulable observations of the driver's appearance, behavior, speech or body odors.
• The observing supervisor must sign a written record of those observations within 24 hours, or before the test results are released, whichever is earlier.

What it means: An untrained supervisor cannot trigger a reasonable suspicion test under the rule, so a gap in supervisor training can leave a carrier unable to act on a driver it believes is impaired.

Source: eCFR: 49 CFR 382.603 Training for supervisors

Official reference: eCFR: 49 CFR 382.307 Reasonable suspicion testing

FMCSA has granted a Commercial Vehicle Safety Alliance petition and opened a rulemaking on 49 CFR 392.4, the rule covering drugs and other substances. Section 392.4 lets an inspector place a driver out of service for drug possession, but unlike the alcohol rule it does not bar that driver from driving on while the order is in effect.

• FMCSA granted the petition September 17, 2026; CVSA filed it April 10, 2025.
• The alcohol rule, 49 CFR 392.5(c), already sets a 24-hour out-of-service period and bars violating the order.
• CVSA said that once officers seize the drugs, an officer at a later stop has no contraband to base a new violation on.
• Administrator Derek Barrs said opening a rulemaking does not guarantee a rule change.

What it means: Nothing changes yet. If a rule follows, driving after a drug-possession out-of-service order would become a separate citable violation.

Source: Transport Topics: FMCSA aims to close OOS loophole for drug violations (published September 25, 2026)

Official reference: FMCSA: Petitions for Rulemaking

The final quarter of 2026 begins October 1, leaving employers regulated under 49 CFR Part 382 three months to complete this calendar year's FMCSA Drug & Alcohol Clearinghouse query for every CDL and CLP driver they currently employ. The rule requires a query at least once per year for each driver subject to Part 382 testing.

• A limited query satisfies the annual requirement. It needs the driver's consent, and that consent may be effective for more than one year.
• If a limited query shows information exists in a driver's record, the employer must conduct a full query within 24 hours, or stop letting the driver perform safety-sensitive functions until the full query shows no prohibitions.
• A record of each query and its results must be kept for three years; a valid Clearinghouse registration satisfies that.

What it means: Compare your current driver roster against your 2026 query records now, including drivers hired earlier this year, and confirm consent is on file so a limited query is not delayed. C/TPAs querying as a designated agent need the same consent in place.

Source: eCFR: 49 CFR 382.701, Drug and Alcohol Clearinghouse (current text, retrieved September 25, 2026)

FMCSA has posted a notice on the FMCSA Drug & Alcohol Clearinghouse website that Pay.gov services will be temporarily unavailable on Saturday, September 26, 2026, from 6 p.m. to 8 p.m. Eastern time. Employers are asked not to attempt to purchase Clearinghouse query plans during this brief interruption in service.

• Window: Saturday, September 26, 2026, 6 p.m. to 8 p.m. ET
• Affected: purchasing Clearinghouse query plans, which is processed through Pay.gov
• No other Clearinghouse functions are listed as affected

What it means: If you need query plan credits for pre-employment or annual queries this weekend, buy them before 6 p.m. ET Saturday or wait until after 8 p.m. ET, so a purchase attempt does not fail mid-transaction.

Source: FMCSA Drug & Alcohol Clearinghouse: Clearinghouse News site notice (retrieved September 24, 2026)

FMCSA is taking public comment through October 9, 2026 on a proposed rule that would write the English language proficiency (ELP) out-of-service requirement into the federal regulations. The underlying requirement is long-standing: 49 CFR 391.11(b)(2) requires a driver to read and speak English well enough to understand highway traffic signs, respond to official inquiries, and make entries on reports and records.

• Proposed rule: English Language Proficiency; Out of Service Criteria, published August 10, 2026, Docket No. FMCSA-2026-0826
• Comments close October 9, 2026
• FMCSA has said more than 26,000 drivers were placed out of service for ELP violations after strict roadside checks resumed

What it means: If finalized, an out-of-service order for a failed roadside ELP check becomes a codified regulatory requirement rather than an enforcement policy choice. Carriers and drivers who want to weigh in should file by October 9.

Source: Federal Register: FMCSA, English Language Proficiency; Out of Service Criteria (published August 10, 2026)

Also reported by Land Line (published September 23, 2026)

FMCSA has issued a final rule raising Unified Carrier Registration fees for the 2027 registration year and subsequent years. Participating States collect UCR fees from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies operating in interstate commerce.

• The rule is effective October 1, 2026, under Docket No. FMCSA-2025-0655.
• The increase averages 20 percent over the fee structure used in 2025 and 2026, and ranges from $9 to $9,329 per entity depending on the fee bracket.
• Fees run from $55 for an entity with 0 to 2 commercial motor vehicles up to $54,165 for one with 1,001 or more. Brokers and leasing companies pay $55.
• FMCSA notes the 2027 fees remain below those charged for registration years 2019 through 2022.

What it means: Interstate carriers, brokers, and freight forwarders should budget the higher amount before registering for 2027. The rule changes fees only, and does not change any drug and alcohol testing or driver qualification obligation.

Source: Federal Register: FMCSA, Fees for the Unified Carrier Registration Plan and Agreement (published September 1, 2026)

FMCSA has put revised DataQs requirements into effect, changing how State agencies must handle challenges to roadside inspection and crash data. The agency set out the revisions in an April 16, 2026 Federal Register notice tied to Motor Carrier Safety Assistance Program grant funding, and has paired them with an updated MyDataQs interface.

• Multi-level review: State agencies must evaluate each request independently at more than one level.
• Standardized timelines for responding to requests, handling appeals, and issuing final decisions.
• MyDataQs now shows the review stage of each request and can send a review back to an earlier stage when new information arrives.

What it means: Violations reported to FMCSA follow both the carrier Safety Measurement System profile and the driver record used in Pre-Employment Screening Program reports. Drivers, including owner-operators leased to a carrier, can file their own challenge with a DataQs account, and can check what is on file through a PSP report or a FOIA request.

Source: Land Line: FMCSA shores up state DataQ responsibilities (published September 21, 2026)

Official reference: Federal Register: Revisions to DataQs Requirements for MCSAP Grant Funding

The third quarter of 2026 closes on Wednesday, September 30. Under 49 CFR 382.305, FMCSA-regulated employers and the consortia/third-party administrators acting for them must ensure that drivers selected in the current random testing period are actually tested within that period, and that random test dates are spread reasonably throughout the calendar year.

• FMCSA's 2026 minimum annual random rates are unchanged: 50 percent for controlled substances and 10 percent for alcohol.
• Section 382.305(i)(3) requires each driver selected for random testing to be tested during the selection period.
• Only covered drivers may be in the random pool, and all covered drivers must be in it.
• An employer that uses a C/TPA remains responsible for confirming the service agent is testing at the rate set for its industry.

What it means: Carriers and C/TPAs should reconcile their Q3 selection lists against completed collections now, while there is still time to complete or properly document any outstanding test before the quarter ends.

Source: eCFR: 49 CFR 382.305 - Random testing

Official reference: DOT ODAPC: Random Testing Rates (updated January 15, 2026)

FMCSA has announced that it finished pre-tests for two hours-of-service pilot programs and is preparing to open both to a much larger group of drivers in 2027. The pilots are testing whether giving drivers more control over how they schedule work and rest can maintain or improve safety.

• The Flexible Sleeper Berth Pilot Program would let a driver split the required off-duty time into two periods in any combination, as long as they total at least 10 hours and one period is at least 5 consecutive hours in the sleeper berth.
• The Split Duty Period Pilot Program would let a driver pause the 14-hour driving window for up to 3 hours a day while in a qualifying non-driving status, such as time at a pickup or delivery location.
• Each full pilot is expected to enroll 256 drivers, 512 in all, for four months.
• Carriers and drivers interested in taking part in 2027 can send contact information to pilots@dot.gov.

What it means: Nothing changes today. Current hours-of-service limits still apply, and the pilots do not change any drug and alcohol testing obligation under 49 CFR Part 382.

Source: FMCSA: FMCSA Advances Hours of Service Pilot Programs for America's Truck Drivers (published August 27, 2026)

FMCSA has posted a notice that the FMCSA Drug and Alcohol Clearinghouse will undergo scheduled maintenance on Saturday morning. Users may experience intermittent issues while the work is underway.

• Saturday, September 19, 2026, beginning at 9:00 a.m. Eastern Time.
• The maintenance is expected to take approximately 3 hours.
• FMCSA describes the effect as intermittent issues rather than a full outage.

What it means: Employers, C/TPAs, and drivers who need to run a query, report a violation, or complete a registration step Saturday morning should plan around that window and retry afterward if the site does not respond.

Source: FMCSA: Clearinghouse News (notice posted on the Clearinghouse News page, retrieved September 19, 2026)