Welcome to your October 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. NRII Waiver Set to Expire October 11th — Here's What Fleet Operators Need to Do Now
The FMCSA's National Registry of Certified Medical Examiners (NRCME) Interim Issuance (NRII) waiver, which has previously been extended through October 11, 2026, will soon expire. This waiver has allowed CDL drivers to use paper medical certificates as a temporary substitute for the standard electronic medical certificate submission process while the agency works through registry implementation challenges. With the waiver soon behind us (assuming it doesn't get re-extended), fleet operators must ensure their driver qualification files and medical certification processes reflect the return to full regulatory requirements.
Paper certificate relief is over. CDL drivers who have been relying on paper medical certificates under the waiver must now have proper, current medical certifications on file. Carriers should audit their DQ files immediately to confirm every driver's medical certification is demonstrated on an up-to-date Motor Vehicle Report, which is now the only valid proof of a CDL driver's physical qualifications.
49 CFR §391.43 and §391.45 govern medical examinations and certificate requirements. Ensure your certified medical examiners are listed on the National Registry and that all certificates are completed on the approved Federal Motor Carrier Safety Administration Medical Examination Report form.
State CDL medical self-certification records must be current. CDL drivers are required to self-certify their operating category with their State Driver Licensing Agency (SDLA). If a driver's medical certificate has expired or their SDLA record is out of date, their CDL may be downgraded — which creates an immediate driver qualification violation for your fleet.
This is an audit trigger. Expired or missing medical certificates are among the most commonly cited DQ file violations during compliance reviews. With the waiver gone, investigators will have no basis to excuse paper-certificate gaps going forward.
For background on the waiver and its extension history, read: FMCSA Extends NRII Waiver Through October 11, Continuing Paper Medical Certificate Relief.
Action Item: Conduct an immediate audit of all driver medical certificates in your DQ files. Flag any CDL drivers whose certificates expire during the waiver period and ensure they have obtained new medical exams from a registered medical examiner and that their medical status is shown on a newly run Motor Vehicle Report. Contact your Trucksafe consultant if you need help structuring your DQ file audit process.
2. Federal CDL Fraud Crackdown: Enforcement Is Getting Closer to Carriers
The federal government's interagency crackdown on CDL fraud — which we covered in depth last month — is intensifying, and enforcement actions are beginning to move beyond the fraudulent CDL holders themselves and toward the carriers who employed them. This is a critical development for fleet safety directors and compliance officers to understand heading into Q4.
The crackdown involves multiple federal agencies. DOJ, FMCSA, FBI, and DHS have all been involved in coordinated enforcement actions targeting CDL mills, fraudulent skills test waivers, and improperly issued commercial licenses. The scale of this effort is unprecedented. Read our full breakdown: Federal Government Launches Historic Interagency Crackdown on CDL Fraud in Trucking.
Carrier liability under negligent hiring is a real and growing risk. If a carrier employed a driver who obtained their CDL through fraudulent means, even without the carrier's knowledge, that carrier may face civil liability exposure if the driver is involved in an accident. The legal theory of negligent entrustment does not require the carrier to have known about the fraud; it requires only that the carrier failed to perform adequate due diligence.
Pre-employment PSP queries are more important than ever. The Pre-Employment Screening Program (PSP) allows carriers to review a driver's prior roadside inspection and crash history. Combined with thorough MVR checks and Clearinghouse queries, PSP is one of your best tools for identifying red flags before a driver gets behind the wheel.
Verify CDLs independently and don't rely on the driver's copy alone. Contact the issuing state's SDLA directly or use an accredited MVR service to confirm CDL validity, endorsements, and any restrictions. CDL mills have been known to produce convincing fraudulent documents.
49 CFR §391.23 requires carriers to investigate a driver's background. Courts have consistently held that carriers who skip or shortcut this process face heightened liability exposure, particularly in cases involving catastrophic accidents.
Action Item: Review your pre-employment screening process end-to-end. Confirm you are completing PSP queries, Clearinghouse full queries, MVR checks, and direct CDL verification for every new hire. For a comprehensive audit readiness review, contact our team.
3. FMCSA Denies Paper Log Exemption; ELD Compliance Remains Non-Negotiable
FMCSA has officially denied the exemption request submitted by the Federation of Owner-Operator Truckers (FOPT) that would have allowed certain drivers to use paper logs in place of Electronic Logging Devices. The agency's denial was firm and unambiguous: ELDs are here to stay, and no broad exemption pathway for paper logs will be established.
The ELD mandate remains in full effect under 49 CFR Part 395, Subpart B. All drivers required to maintain records of duty status (RODS) must use an FMCSA-registered ELD unless they qualify for a specific statutory or regulatory exemption (e.g., driveaway-towaway operations, vehicles manufactured before model year 2000, short-haul exemptions).
The denial signals the agency's firm stance on electronic compliance. FMCSA's reasoning emphasized the safety benefits of ELDs, particularly their role in reducing HOS violations and fatigue-related crashes, and rejected the argument that paper logs provide an equivalent level of compliance assurance.
ELD tampering and falsification enforcement is also intensifying. Following the 2026 International Roadcheck's focus on ELD tampering, CVSA and FMCSA investigators are increasingly trained to identify manipulated ELD data, unassigned driving time, and missing required documentation. See our Roadcheck coverage: CVSA's 2026 International Roadcheck Targets ELD Tampering During May 12-14.
If you have drivers using paper logs, audit your exemption basis now. Carriers who have drivers on paper logs must be able to document the specific regulatory basis for that exemption. "We didn't know" is not a defense during a compliance review.
For the full story on FMCSA's denial, read: FMCSA Denies FOPT Exemption Request to Allow Paper Logs in Place of ELDs.
Action Item: Audit your fleet for any drivers currently using paper logs. For each, confirm the documented regulatory basis for the exemption. If you have ELD compliance questions or need help assessing your hours-of-service program, visit our Audit Readiness page or contact our consulting team.
4. MOTUS Rollout Update: USDOT Inactivation Suspension Still in Effect, But Plan Ahead
FMCSA's new Motor Carrier and Operator Unified System (MOTUS), the agency's long-awaited replacement for the aging SAFER/Licensing and Insurance systems, continues its rocky rollout. In connection with the transition, FMCSA announced a temporary suspension of USDOT number inactivations for carriers who missed their biennial MCS-150 update deadlines. Here's where things stand and what you should be doing now.
The suspension of USDOT inactivations is temporary relief, not a permanent waiver. FMCSA suspended inactivations to give carriers time to update their information in MOTUS without being penalized for delays caused by the system transition itself. This suspension will not last indefinitely. Read our full coverage: FMCSA Suspends USDOT Inactivations for Missed Biennial Updates During MOTUS Rollout.
If you haven't updated your MCS-150 in MOTUS, do it now. The biennial update requirement under 49 CFR §390.19 remains in effect. Carriers are required to update their operating information every 24 months, or within 30 days of a change in operations. Operating with an inactive or outdated USDOT number can affect your authority, insurance status, and ability to pass inspections.
MOTUS is changing the registration workflow. The new system consolidates registration, authority, and insurance filing into a single platform. Carriers who haven't yet familiarized themselves with the new interface should do so now before the suspension ends and inactivations resume. Review our MOTUS preparation guide: FMCSA's MOTUS System: 2026 Rollout To Transform Registration Process.
New entrants and recent authority holders should pay particular attention. The MOTUS rollout affects all carriers, but those who registered or obtained operating authority recently may find that their records need to be confirmed or updated in the new system.
Action Item: Log into MOTUS and confirm your carrier profile, MCS-150 data, and operating authority information are current and accurate. Don't wait for the inactivation suspension to lift before taking action. If you need help navigating registration requirements, contact our team.
5. States Sue FMCSA Over CDLIS Data Demand...What It Means for Driver Qualification
A coalition of states has filed suit against FMCSA over the agency's demand for access to the Commercial Driver's License Information System (CDLIS) data as part of the non-domiciled CDL enforcement initiative. The lawsuit has introduced uncertainty into the enforcement timeline, but fleet operators should not interpret ongoing litigation as a reason to relax their driver qualification practices.
The lawsuit challenges FMCSA's authority to compel states to share CDLIS data. The states argue that the agency's data demand exceeds its statutory authority and creates privacy and federalism concerns. Read our full article: States Sue FMCSA Over CDLIS Data Demand.
Litigation does not pause non-domiciled CDL revocations at the state level. Indiana, California, and other states have already revoked or cancelled tens of thousands of non-domiciled CDLs, and those revocations remain in effect regardless of the federal court proceedings. Carriers must continue to verify the current validity of every driver's CDL.
The outcome of this case could shape the future of federal-state data sharing in trucking regulation. If the states prevail, it could limit FMCSA's ability to centrally track CDL issuance irregularities, which has implications for the CDL fraud crackdown discussed above. If FMCSA prevails, expect accelerated cross-state enforcement actions.
Your DQ file obligations don't change based on court outcomes. Regardless of how this litigation resolves, 49 CFR §391.23 requires you to obtain a motor vehicle record from every state in which a driver has held a license in the prior three years. CDL validity verification is your responsibility as a carrier.
Action Item: If you have drivers holding CDLs from states that have been active in non-domiciled CDL enforcement, particularly California, New York, or other high-volume states, verify the current status of those licenses now through direct SDLA queries or an accredited MVR provider. Need help building a bulletproof DQ process? Visit our Audit Readiness page.
6. ELP NPRM Comment Period: Your Window to Weigh In Is Open
As we covered in the September update, FMCSA's Notice of Proposed Rulemaking (NPRM) to formally codify English Language Proficiency (ELP) as an out-of-service criterion is moving through the regulatory process. The public comment period is now open, and this month is the time for fleet operators to engage if they have concerns or feedback about implementation.
The proposed rule would embed ELP as an OOS condition within 49 CFR Part 391. This makes it significantly harder for future administrations to roll back the enforcement posture and establishes a permanent regulatory foundation for ELP enforcement at roadside. Full details: FMCSA Proposes to Codify English Language Proficiency as an Out-of-Service Violation.
Carriers with multilingual workforces should take this seriously. An ELP out-of-service violation means the vehicle is stopped immediately, the driver cannot continue operating until a compliant replacement is found or the situation is resolved. The operational and financial impact of an OOS violation at roadside can be significant.
Now is the time to build or reinforce your ELP screening protocol. Whether or not the NPRM is finalized as proposed, ELP enforcement at roadside is already happening. Carriers should have a documented process for assessing English proficiency during the driver qualification process. Visit our ELP resource center and ELP Dashboard for tools and guidance.
State-level ELP laws add another layer of compliance complexity. Iowa's SF 2426 and similar state-level measures mean that carriers operating in certain states face ELP obligations independent of the federal NPRM outcome. Read: Iowa English Proficiency Law Progresses Through State Legislature: What SF 2426 Means for Carriers.
Action Item: Submit public comments on the ELP NPRM if your fleet operations would be materially affected by the proposed rule. Simultaneously, implement ELP screening as part of your standard driver qualification process now. Don't wait for finalization. Our team can help you develop a compliant ELP protocol; contact us here.
7. Q4 Compliance Reminders: Don't Let Year-End Catch You Off Guard
As we move into Q4, there are several recurring compliance obligations and housekeeping items that fleets should prioritize before December 31. Year-end is a common time for auditors to review annual documentation requirements, and it's also when compliance gaps that have been quietly building throughout the year tend to surface.
Annual inspection records under 49 CFR §396.17. Every vehicle in your fleet must have a current annual inspection on file. "Current" means completed within the last 12 months. Pull your vehicle inspection records now and identify any units approaching or past their annual inspection due date.
Driver file annual reviews. 49 CFR §391.25 requires an annual review of each driver's driving record. Confirm you have a completed annual MVR review in every driver's DQ file for the current calendar year.
Clearinghouse annual query obligations. Carriers must conduct annual general awareness queries on all currently employed CDL drivers through the FMCSA Drug and Alcohol Clearinghouse. If you haven't run your annual queries for 2026, do so now. Under 49 CFR §382.701, these are required for every CDL driver, every year.
Drug and alcohol testing program annual review. Review your consortium/TPA's records to confirm your random testing pool is accurate, your random testing rates are being met, and your supervisor reasonable suspicion training is current. The annual random testing rate for CDL drivers remains 50% for controlled substances and 10% for alcohol under 49 CFR §382.305.
CSA score review and DataQs challenges. Pull your SMS data and review your BASICs scores before year-end. If you have roadside inspection violations that were incorrectly recorded, the DataQs system allows you to challenge those records. FMCSA recently finalized an overhaul of the DataQs system — read: FMCSA Finalizes DataQs System Overhaul with State-Level Appeals Process. For guidance on improving your CSA scores, visit our Improve CSA page.
UCR renewal for 2027 is approaching. Unified Carrier Registration (UCR) enrollment for the upcoming plan year typically opens in October. Check the UCR website for the 2027 registration period opening date and complete your enrollment early to avoid last-minute issues.
Action Item: Use October to complete a structured end-of-year compliance audit across your fleet. If your team needs support, our Compliance Bootcamp and Audit Readiness programs are designed exactly for this. Reach out to our team to schedule a year-end compliance review.
