Massachusetts adopts the federal driver qualification rules in 49 CFR Part 391 for carriers operating in the state, whether their trucks cross state lines or not. Here is what that means for your driver files, and where Massachusetts differs from the federal baseline.
Source: FMCSA Company Census File, September 2026
State rules
540 CMR 14.03
Massachusetts incorporates Part 391 for motor carriers in both intrastate and interstate commerce. A fleet that never leaves the state still needs a complete qualification file for every covered driver.
540 CMR 14.05(1)(a)
The federal rule that a driver be at least 21 does not apply to intrastate-only operation in Massachusetts. Everything else in the file is still required, and outside federal pilot programs the driver cannot run interstate until 21.
540 CMR 14.05(1)(c)
The Registrar may waive certain physical qualification standards for intrastate drivers, covering some vision, diabetic, cardiovascular and limb conditions. Keep the waiver with the driver's medical certificate so a reviewer sees both.
49 CFR 391.23 · 391.25
At hire you need a driving record from every state that licensed the driver in the past three years, then a new one every twelve months. For a Massachusetts-licensed driver, both come from the Registry of Motor Vehicles.
The checklist
| Document | Rule | When | Massachusetts note |
|---|---|---|---|
| Employment application | §391.21 | At hire | Three years of employment history, or ten for CDL drivers |
| Driving record from each licensing state | §391.23 | Within 30 days of hire | Massachusetts RMV, plus any state that licensed the driver in the past three years |
| Previous employers' safety history | §391.23 | Within 30 days of hire | Same as the federal rule |
| Road test certificate, or a CDL in its place | §391.31 · §391.33 | At hire | Same as the federal rule |
| Medical examiner's certificate | §391.43 | Up to every 24 months | Intrastate drivers may also hold an RMV medical waiver; file it alongside |
| Annual driving record review | §391.25 | Every 12 months | Pull a fresh RMV record each year |
Keep each file for as long as the driver works for you, plus three years (§391.51).
Questions
Yes. 540 CMR 14.03 incorporates 49 CFR Part 391 for motor carriers in both intrastate and interstate commerce, so a Massachusetts fleet that never crosses the state line still keeps a qualification file for each covered driver.
For intrastate-only drivers, Massachusetts drops the federal minimum age of 21 and lets the RMV Registrar grant waivers for certain medical conditions. It also relaxes the English-language requirement for some intrastate drivers licensed before March 9, 2018. The rest of Part 391 applies as written.
For as long as the driver works for you, plus three years after they leave. That is the federal retention period in 49 CFR 391.51, which Massachusetts adopts.
From the Massachusetts Registry of Motor Vehicles. You need one at hire from every state that licensed the driver in the past three years, and a new one each year for the annual review.
Bring one real driver file to a 20-minute walkthrough. You'll leave with its score and the exact list of what's missing, whether you sign up or not.