Rhode Island law requires commercial motor vehicles on its roads to meet the federal motor carrier safety regulations, including the driver qualification rules in 49 CFR Part 391. Here is what that means for your driver files, and the main place Rhode Island departs from the federal rule.
Source: FMCSA Company Census File, September 2026
State rules
R.I. Gen. Laws § 31-23-1(b)(1)
State law requires commercial motor vehicles to meet the federal motor carrier safety regulations in 49 CFR Parts 387 and 390-399. Part 391 is in that range, so every covered driver needs a complete qualification file, including drivers who never leave the state.
R.I. Gen. Laws § 31-23-1(b)(1)
The federal age-21 minimum in § 391.11(b)(1) does not apply to intrastate drivers in Rhode Island. The exception does not cover school bus drivers or drivers of placarded hazardous-materials loads, and it ends at the state line.
R.I. Gen. Laws § 31-23-1(b)(1) · 49 CFR 390.5
Rhode Island adopts the federal definitions in Part 390, where a commercial motor vehicle starts at a gross vehicle or combination weight rating of 10,001 lbs. A heavy pickup towing a loaded trailer often crosses it without anyone noticing.
49 CFR 391.23 · 391.25
The hiring check covers three years of licensing history, so a driver who moved from Massachusetts or Connecticut needs that state's record as well. After that, the annual review needs a fresh Rhode Island Division of Motor Vehicles record every twelve months.
The checklist
| Document | Rule | When | Rhode Island 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 | Rhode Island DMV, plus Massachusetts, Connecticut or any other 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 | Same as the federal rule |
| Annual driving record review | §391.25 | Every 12 months | Pull a fresh Rhode Island DMV record each year |
Keep each file for as long as the driver works for you, plus three years (§391.51).
Questions
Yes. R.I. Gen. Laws § 31-23-1(b)(1) requires commercial motor vehicles to meet the federal motor carrier safety regulations in 49 CFR Parts 390-399, which include the Part 391 driver qualification rules. The statute does not limit this to interstate carriers.
Rhode Island does not apply the federal age-21 minimum to intrastate drivers, so a driver under 21 can run routes that stay in the state. That exception does not cover school bus drivers or placarded hazardous-materials loads, and a driver under 21 cannot take a load into another state outside federal pilot programs.
For as long as the driver works for you, plus three years after they leave. That is the federal retention rule in 49 CFR 391.51, which Rhode Island adopts along with the rest of Part 391.
From the Rhode Island Division of Motor Vehicles. Part 391 requires 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.