New York's Department of Transportation adopts the federal driver qualification rules for carriers operating within the state as well as across its borders. The state keeps the federal weight line, then adds its own grandfather rules and age exceptions for in-state drivers.
Source: FMCSA Company Census File, September 2026
State rules
17 NYCRR § 820.1(c)
New York defines commerce to include transportation within the state, and a commercial motor vehicle as one of 10,001 lbs or more, one carrying 9 or more passengers for pay, or one hauling placarded hazmat. Unlike some neighbors, New York does not raise the weight line for in-state work.
17 NYCRR § 820.3(d), (f)
An intrastate driver who got a CDL before September 9, 1999, or a non-CDL driver first licensed before January 1, 2004, is not required to have the medical exam or carry a medical certificate. The grandfather rule does not cover drivers of 16-plus-passenger vehicles or placarded hazmat loads.
17 NYCRR § 820.3(g) · NY DMV
Part 820 lets drivers operating solely in intrastate commerce drive at 18 in vehicles that need a Class B CDL and in non-CDL commercial vehicles. Since May 2022, New York also issues Class A CDLs to 18- to 20-year-olds who complete the DMV's young adult training program, restricted to intrastate driving until they turn 21.
17 NYCRR § 820.3(h)
Part 820 points to additional qualifications for intrastate drivers in the Vehicle and Traffic Law and DMV regulations, and treats a violation of those as a violation of Part 820. Bus drivers, for example, have their own rules under the Vehicle and Traffic Law.
The checklist
| Document | Rule | When | New York note |
|---|---|---|---|
| Employment application | §391.21 | At hire | Same as the federal rule |
| Driving record from each licensing state | §391.23 | Within 30 days of hire | New York DMV driver abstract, 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 | Grandfathered intrastate drivers may be exempt (17 NYCRR § 820.3(d), (f)); record the license date that qualifies them |
| Annual driving record review | §391.25 | Every 12 months | Pull a fresh New York DMV abstract each year |
Keep each file for as long as the driver works for you, plus three years (§391.51).
Questions
Yes. 17 NYCRR § 820.1 defines commerce to include transportation within New York, and § 820.3 applies Part 391 to intrastate drivers of commercial motor vehicles, which start at 10,001 lbs.
Intrastate CDL drivers first licensed before September 9, 1999, and intrastate non-CDL drivers first licensed before January 1, 2004 (17 NYCRR § 820.3(d), (f)). The exemption does not apply to drivers of vehicles built for 16 or more passengers or hauling placarded hazmat, or to any interstate trip.
On intrastate routes, yes. 17 NYCRR § 820.3(g) allows it in Class B and non-CDL commercial vehicles, and since May 2022 the DMV issues Class A CDLs to 18- to 20-year-olds who complete its young adult training program, marked intrastate-only until 21. Interstate trips still require a driver who is at least 21.
A driver abstract from the New York DMV for a New York-licensed driver, at hire and again for each annual review, plus records from any other state that licensed the driver in the past three years.
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.