Welcome to your May 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. CVSA International Roadcheck (May 12-14)
CVSA's 2026 International Roadcheck will take place May 12–14, with inspectors across North America focusing specifically on ELD tampering and hours-of-service compliance. This year's targeted focus sends a clear signal from enforcement: electronic logging device integrity is a top priority, and carriers whose drivers manipulate or circumvent ELD records face serious consequences beyond a simple citation.
Here's what you need to keep in mind:
Roadcheck violations land in SMS. Any violations issued during the blitz will appear in FMCSA's Safety Measurement System (SMS) and begin affecting your BASIC scores within 30–60 days of the inspection. Now is the time to pull your SMS data and review for accuracy.
ELD tampering is a serious offense. Drivers found to have tampered with or falsified ELD records can be placed out of service immediately. Carriers can face compliance reviews, civil penalties, and potentially an unsatisfactory safety rating if a pattern is identified. Review our in-depth guide: CVSA's 2026 International Roadcheck Targets ELD Tampering During May 12–14.
DataQs challenges are your recourse. If any violations from Roadcheck are incorrectly recorded, you have the right to challenge them. See Section 5 below for updates on the newly overhauled DataQs system.
Action Item: Internally audit your ELD records and ensure there are no issues ahead of the upcoming Roadcheck.
2. Non-Domiciled CDL Enforcement: States Continue to Act — And Litigation Continues
The non-domiciled CDL enforcement wave shows no signs of slowing in May. Since FMCSA's final rule took effect, states across the country have been aggressively auditing and cancelling CDLs that were improperly issued to out-of-state domiciliaries — and the volume of revocations is accelerating.
Key developments to track:
Indiana revoked nearly 1,800 CDLs under its new state law targeting non-domiciled license holders. Read the full breakdown: Indiana Revokes Nearly 1,800 Non-Domiciled CDLs Under New State Law.
California announced plans to cancel 13,000 non-domiciled CDLs, making it one of the largest single-state revocation events in recent memory. Details here: California to Cancel 13,000 Non-Domiciled CDLs.
Pennsylvania was flagged by FMCSA for non-domiciled CDL irregularities, signaling that federal scrutiny of state licensing agencies is intensifying: FMCSA Flags Pennsylvania for Non-Domiciled CDL Irregularities.
New York fined $73.5 M by FMCSA for not timely revoking improperly issued non-domiciled CDLs. The state is now suing FMCSA in response.
The core carrier obligation under 49 CFR §383.23 has not changed: you must verify that every driver holds a valid CDL issued by their state of domicile. A cancelled or revoked CDL — even one the driver was unaware of — means that driver is operating without a valid license. The liability exposure is significant.
Action Item: Run MVRs on all drivers who hold or previously held non-domiciled CDLs immediately. Do not wait for your next annual review cycle. Monitor state licensing agency announcements, particularly in Indiana, California, New York, and Pennsylvania. If you're unsure how to evaluate your driver qualification files in light of these developments, contact our consulting team.
3. NRII Waiver Extended — Paper Medical Certificate Relief Continues Through October
FMCSA has extended the National Registry of Certified Medical Examiners Integration Initiative (NRII) waiver through October 11, 2026, providing continued relief for CDL drivers and carriers in states that have not yet completed integration between the National Registry and their motor vehicle systems.
What this means practically:
Drivers domiciled in states that have not completed NRII integration are still required to carry a physical medical examiner's certificate and present it to their employer and to enforcement officers upon request — as if the pre-integration rules were still in effect.
The five states that have not yet completed integration — Alaska, California, Kentucky, Louisiana, and New Hampshire — are still operating under the waiver framework. CDL drivers in those states must manually ensure their medical certificate information is added to their driving record.
Carriers cannot assume the integration is working in any given state. You remain responsible under 49 CFR §391.45 for verifying medical certification status for every driver.
For a full breakdown of this extension, see: FMCSA Extends NRII Waiver Through October 11, Continuing Paper Medical Certificate Relief.
Action Item: If you have drivers domiciled in AK, CA, KY, LA, or NH, confirm they are carrying physical medical certificates and that those certificates are on file with you. Ensure you are running MVRs on all CDL drivers going forward to ensure their medical examination information appears there. Set calendar reminders well in advance of the October 11 waiver expiration to re-evaluate your tracking processes.
4. Marijuana Rescheduling and CDL Drivers: More Complicated Than It Should Be
The question of marijuana use and CDL driver eligibility remains one of the most confusing and rapidly evolving areas of trucking compliance — and recent developments have not made it simpler.
Here's where things stand:
Certain medicinal marijuana has been rescheduled to Schedule III under federal controlled substances law. That sounds like it might open the door for CDL drivers, but it does not. FMCSA's drug testing program is governed by 49 CFR Part 40 and DOT/ODAPC guidance, not the Controlled Substances Act scheduling framework. Marijuana — regardless of its federal schedule — remains a prohibited substance for safety-sensitive transportation employees.
A Trump executive order directed a review of CDL drug testing policy in light of rescheduling, creating uncertainty about whether DOT testing rules might change. However, no changes to 49 CFR Part 40 have been finalized. Until a formal rulemaking is completed and published, the current zero-tolerance rules remain fully in effect.
Medicinal marijuana authorizations do not currently provide any protection for CDL holders. There is no "prescription" exception under DOT drug testing rules.
For a deeper dive into these issues, see our recent articles: Medicinal Marijuana Is Now Schedule III — For CDL Drivers, the Answer Is More Complicated Than It Should Be, and CDL Drug Testing Faces Uncertainty After Trump Executive Order.
Action Item: Ensure your drivers and HR team understand that current DOT drug testing rules have not changed. Update your written drug and alcohol policy if it contains any language tied to federal scheduling. Remind drivers that state-level legalization and federal rescheduling are irrelevant to DOT testing obligations at present. Random testing rates for 2026 remain unchanged — 50% for drugs and 10% for alcohol.
5. FMCSA Finalizes DataQs Overhaul — New State-Level Appeals Process Now in Effect
FMCSA has finalized a significant overhaul to the DataQs system, the portal carriers and drivers use to challenge inaccurate roadside inspection records and violations in SMS. The most consequential change: a formal state-level appeals process will soon been added, giving carriers more recourse when initial DataQs challenges are denied.
Key changes to understand:
Previously, if a DataQs challenge was denied at the state level, carriers had limited options for further appeal. The new process creates a more structured pathway to escalate disputes, including to FMCSA directly in certain circumstances.
The overhaul also introduces updated timelines for state responses, which should reduce the multi-month delays that have historically frustrated carriers trying to clean up their SMS data.
The changes do not alter the substantive standard for a successful challenge — you still need a documented legal or factual error, not just a disagreement with the officer's judgment.
Full details on the new system are here: FMCSA Finalizes DataQs System Overhaul with State-Level Appeals Process. And for broader strategies on improving your CSA scores, visit our Improve CSA resources.
Action Item: Review your SMS data now — particularly violations received in the past 24 months — and identify any that contain factual or legal errors. With the new appeals pathway in place, previously denied challenges may be worth re-examining in the near term. Assign a staff member to manage DataQs submissions and appeals on a monthly cadence.
6. Dalilah's Law: Committee Revisions and What Fleets Need to Watch
Dalilah's Law — the proposed federal legislation that would impose significant new restrictions on CDL eligibility for certain foreign nationals and tighten rules around foreign dispatch operations — has moved through committee with key revisions. This legislation, named after a victim killed in a crash involving a foreign-domiciled driver, has significant potential implications for fleets that employ or lease drivers on work visas.
Here's the current state of play:
The committee revisions added some language around CDL eligibility timelines and foreign dispatch prohibitions, but the core provisions targeting non-domiciled driver operations and visa-status CDL holders remain intact.
The bill has not been enacted. It is still moving through the legislative process. However, the direction of travel is clear — Congress is increasingly focused on the intersection of immigration status, CDL issuance, and commercial vehicle safety.
Carriers operating in industries that rely on H-2A, H-2B, or other work visa programs should be monitoring this legislation closely, as it could affect driver eligibility requirements and qualification documentation obligations if passed.
Read the full breakdown of the committee revisions: Dalilah's Law Moves Through Committee With Key Revisions on Foreign Dispatch and CDL Eligibility. For background on the original proposal: Dalilah's Law: What Fleets Need to Know About the Proposed CDL Restrictions.
Action Item: If your fleet employs drivers on work visas or you operate in sectors using guest worker programs, have your compliance team review your driver qualification file documentation now. Ensure that CDL issuance, domicile verification, and work authorization documentation are fully aligned. Do not wait for this legislation to pass before getting your records in order.
7. FMCSA's MOTUS System — Registration Modernization Is Coming; Are You Ready?
FMCSA's MOTUS system — the agency's ambitious overhaul of its carrier registration and licensing infrastructure — continues its 2026 rollout. MOTUS is designed to replace the aging MCMIS/SAFER ecosystem with a more integrated platform that streamlines USDOT number registration, operating authority applications, MCS-150 biennial updates, and more.
What carriers need to know right now:
The rollout is phased. Not all registration and authority functions have migrated to MOTUS yet. FMCSA has been migrating functionality in stages, and carriers may find that some actions are still completed in legacy systems while others are now in MOTUS.
MCS-150 biennial update obligations have not changed. You are still required under 49 CFR §390.19 to file your biennial update on time. An expired MCS-150 can result in deactivation of your USDOT number. Do not let the system transition create administrative gaps.
New entrants and carriers applying for operating authority should familiarize themselves with the MOTUS portal before beginning the application process, as the user experience is different from the legacy system.
Our detailed preparation guide is here: FMCSA's MOTUS System: 2026 Rollout To Transform Registration Process.
Action Item: Log into the MOTUS portal and confirm your account access and company official. Verify your MCS-150 filing date and calendar your next biennial update well in advance. If you are onboarding a new carrier entity or applying for new operating authority, use MOTUS and expect a learning curve. Contact our team if you need assistance navigating the transition.
8. FMCSA and New York: A $73M Warning for the Industry
FMCSA's decision to withhold $73 million in federal funds from New York over the state's failure to properly downgrade CDLs for ineligible foreign drivers sends a message that extends well beyond New York's borders: the agency is serious about enforcing driver qualification standards at every level of the system — and carriers should take note.
The message is clear: If your state fails to downgrade a driver's CDL and you miss it, you could be operating that driver as if they are fully qualified when they are not. Under a compliance review, that failure lands on the carrier, not the state DMV.
Read the full story and its implications for carrier DQ file obligations: FMCSA to Withhold $73M in Federal Funds from New York.
Action Item: Do not rely on state CDL records as your only checkpoint for driver qualification. Run MVRs regularly and maintain your own qualification and licensing tracking system independent of what states report. Your driver qualification files must reflect current, verified qualification status at all times. Our audit readiness resources can help you evaluate your DQ file program.
