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Consider the upcoming Roadcheck event

With International Roadcheck just around the corner on May 12–14 and its 2026 focus on electronic logging device (ELD) tampering and falsification, one particular addition to the criteria is worth noting.

The criteria for placing drivers OOS for log falsification have been clarified to address situations where a record is falsified so much that the officer can’t determine when the driver was driving and/or resting. Drivers will be cited for violating 49 CFR 395.8(e)(2) and placed OOS for 10 hours (or 8 hours for passenger carriers) for ELD tampering that makes the entire record suspect. Officers will continue to cite 395.8(e)(1) for false logs when the officer can determine rest periods and drive time, and will place drivers OOS “until such time as eligibility to drive is re-established.”

Update categories

Changes were made to the following categories. Find more details at CVSA’s 2026 Out-of-Service Criteria.

For drivers

• ELD tampering
• English-language proficiency violations
• License-restriction violations
• In-state-restricted drivers
• Alcohol content threshold 

For vehicles

• Air connections
• Brake pad thickness
• Parking brakes
• Log securement
• Wire rope
• Upper couplers
• Rims
• Wheel hub lubricant
• Emergency exit markings
• Placarding

5 questions to address

Motor carriers and operators who drive small vehicles should work through the five questions below to determine whether federal or state regulations apply — and whether it’s time to dig deeper or seek professional guidance.

1. Does the vehicle operate interstate or intrastate?

Interstate commerce includes transportation that’s part of a larger trip that begins or ends in another state. Prearranged transportation to or from an airport is one example, even if the vehicle itself never leaves the state.

Intrastate commerce, by contrast, stays entirely within one state and isn’t connected to an interstate journey. Intrastate shuttle operations, however, may still be regulated under state motor carrier safety rules that closely mirror federal requirements.

2. How many passengers is the vehicle designed to carry?

In interstate commerce, the FMCSRs apply to vehicles designed or used to transport 9–15 passengers, including the driver, when compensation is involved. Vehicles designed to carry more than 15 passengers, including the driver, are considered CMVs regardless of compensation.

Importantly, removing seats doesn’t change the vehicle’s original design rating.

3. What is the vehicle’s weight?

Weight can trigger regulation even when passenger count or compensation doesn’t. If a vehicle has a gross vehicle weight rating (GVWR) or actual weight of 10,001 pounds or more, it may be subject to the FMCSRs regardless of passenger capacity or whether anyone is paying for the ride.

States differ in how weight thresholds are used for intrastate regulation, so operators should confirm how state CMV definitions apply to their fleets.

4. Is it a ‘for-hire’ operation?

For‑hire passenger carriers transport passengers for direct or indirect compensation as follows:

Direct compensation: This includes fares, tickets, or payments made on the passenger’s behalf, including donations.

Indirect compensation: This occurs when transportation is bundled into a larger service or package, such as lodging, tours, or event admissions.

For interstate vehicles designed for 9–15 passengers, compliance obligations are as follows:

Operations involving direct compensation or vehicles weighing 10,001 pounds or more must:

1. Register with the FMCSA;
2. Display a USDOT number; and
3. Comply with driver qualification, hours‑of‑service, and maintenance rules.

Operations involving indirect compensation only using vehicles under 10,001 pounds must:

1. Register and display a USDOT number,
2. Maintain accident records, and
3. Comply with texting and handheld mobile phone prohibitions.

5. Is the shuttle operation private?

Private motor carriers of passengers (PMCPs) don’t charge fees, but are divided into two categories:

1. PMCP Business: These are companies that operate employee shuttles and must comply with most FMCSRs but are exempt from federal insurance requirements.
2. PMCP Non Business: These include such groups as churches or charities. They must operate safely and meet basic FMCSR requirements but are exempt from many recordkeeping and administrative rules.
   • These exemptions include:
     • Insurance requirements;
     • Driver qualification files;
     • Medical examinations (while still meeting minimum physical standards);
     • Logs, though hours‑of‑service limits still apply; and
     • Maintenance records and driver vehicle inspection reports.

From awareness to action

To confirm if the FMCSRs or state safety regulations apply to a shuttle operation, these steps can reduce risk:

• Consult a regulatory expert.
• Conduct an audit internally or through a third party.
• Develop an action plan, assign ownership, and reassess compliance regularly.

Key to remember: Knowing when federal or state rules apply to a shuttle operation is essential to minimizing enforcement exposure, liability risk, and operational disruption.

No fishing

As proposed, the rule directs the FMCSA and other DOT agencies to avoid “fishing expeditions” without enough evidence in hand to support an enforcement claim. It also spells out what an enforcement notice should include — what rule you allegedly violated, the key facts, and what rights you have to challenge it and “avoid unfair surprise.”

Transparency is another key component. The rule will require agencies to share potentially exculpatory evidence — basically, information in the government’s hands that could help you defend yourself or reduce the penalty. The proposed version of the rule states that “making affirmative disclosures of exculpatory evidence in all enforcement actions will contribute to the [DOT’s] goal of open and fair investigations and administrative enforcement proceedings.”

The rule is also expected to reinforce the fact that guidance documents — including interpretations issued by the FMCSA and often published along with FMCSA regulations — are not legally binding. In addition, agencies will need to take additional steps in the guidance development process, such as doing cost-benefit analyses and legal review, and getting public input.

Many of the changes in the proposed rule were in place prior to 2021 but were rescinded by the previous administration.

A new era for enforcement

One of the most intriguing changes in the rule will allow motor carriers to petition the DOT to argue that their staff violated procedural requirements. If the carrier wins, the proposed remedies go beyond a scolding for the investigators. They could include:

• Removing the enforcement team,
• Excluding certain issues or evidence,
• Ordering certain factual findings, or
• Restarting the enforcement action from the beginning or from an earlier point in the proceedings.

FMCSA enforcement cases dropped dramatically last year even without the new rule; the future may hold even fewer once the proposed changes go into effect.

Key to remember: A new “rule on rules” from the DOT is expected soon, and it could change the FMCSA’s enforcement playbook.

How do these sessions work?

Much like toolbox talks in the construction industry, these brief sessions take about five to fifteen minutes and focus on a single issue or a portion of a larger topic, making it easy to integrate learning into even the busiest schedules.

For example, a specific aspect of the hours-of-service rule, such as the definition of on-duty time or how the 14-hour duty rule works, could be addressed during one of these short training sessions.

Other topics that work well in a mini-training session format include:

• Hazard perception,
• Safety belt use,
• Road construction/work zone safety,
• Lifting techniques, and
• Severe weather safety.

Use a mix of instructional techniques

When preparing your mini-training session, consider incorporating a mix of instructional techniques to help convey your message. Use of multiple methods during the same training session aids in retention and reinforces key takeaways. Examples of techniques that can be used in this time-sensitive training format include:

• Handouts covering the session’s main points,
• Question and answer session,
• Demonstration,
• Discussion, and
• Drills or exercises that include class participation.

Key to remember: Mini‑training sessions provide a quick, effective way to deliver ongoing driver education without disrupting daily operations.

New drivers: Laying the foundation

For new drivers, every mile brings something unfamiliar. Inspections, backing, traffic flow, weather, and trip planning all require focus and learning. Because everything is new, most drivers pay close attention to instructions and best practices. This early caution is valuable and should be reinforced.

The first months on the road are the ideal time to establish routines that last a lifetime. Thorough pretrip inspections, proper following distance, defensive driving, and smart rest planning begin to feel natural when practiced consistently. New drivers who ask questions, seek feedback, and accept coaching build confidence faster and reduce the risk of avoidable mistakes. A supportive environment encourages growth and strengthens early safety habits.

This stage also teaches drivers to recognize personal limits. Long hours and changing schedules can challenge both energy and focus. Learning to identify fatigue, manage stress, and speak up when rest is needed builds a sense of responsibility that carries forward for years.

Midcareer drivers: Staying sharp

Midcareer drivers bring valuable experience and familiarity with the job. They’ve handled difficult routes, tight schedules, and changing conditions. While experience builds confidence, it can also introduce risk if attention slips.

When tasks become routine, it’s easier to skip steps or assume situations will turn out as expected. A rushed inspection or moment of distraction may seem minor but can lead to serious consequences. This phase of a career calls for renewed awareness and a return to the fundamentals learned early on.

Midcareer drivers also serve as examples for newer team members. Their habits are observed closely. By staying consistent, following procedures, and keeping up with new regulations and technology, they help reinforce a strong safety culture across the fleet.

Veteran drivers: Leading with experience

Veteran drivers have faced nearly every scenario the road can offer. Their calm approach and ability to anticipate trouble are powerful tools. Still, experience alone does not guarantee safety.

The most respected veteran drivers treat every trip as unique. They remain alert to changing traffic patterns, equipment updates, and evolving best practices. Many also take on a mentoring role, sharing knowledge and reinforcing safe habits among less experienced drivers.

Key to remember: A successful driver is measured not only by miles traveled but by the ongoing commitment to safety that makes every mile possible.