Federal DOT and California Compliance Management for Construction Companies with In-House Fleets

Application of the rules depends on the vehicle weight, and the threshold differs by requirement.

Federal drug and alcohol testing and driver qualification obligations apply to drivers operating vehicles at or above 26,001 lb GVWR or GCWR that require a CDL. Simply holding a CDL or a DOT number is not the deciding factor.

California uses the same 26,001 lb line for terminal inspections. CARB Clean Truck Check starts lower, at 14,000 lb. A truck over 14,000 lb but under 26,001 lb could owe emissions reporting.

The rules apply to the vehicles and the drivers, not to the business you’re in. Hauling your own material places you under the same requirements as a trucking company.

Most construction companies don’t think of themselves as fleet operators, which is why the requirements often go unnoticed until an inspection.

California’s off-duty cannabis protections, AB 2188 and SB 700, do not apply to federally mandated DOT testing. A driver in a DOT testing pool who tests positive for THC is removed from safety-sensitive duty, regardless of when or where they used it.

Employees outside that pool are covered by these protections. That includes office staff and drivers of lighter vehicles that don’t require a CDL. Your written policy has to keep the two groups apart.

You fill out a short form with your business details. We send back a request list and a secure way to upload — driver qualification files, BIT records, DOT filings. About an hour of your office manager’s time, using records you already have.

A few days later you get a written review: what’s in place, what’s missing, what each gap exposes you to, and what we’d do about it. We’ll also walk you through the findings on a call if that’s useful.

The review is a completeness check — whether the required records exist and are current. It isn’t a line-by-line audit of what’s inside each file. If we find something that needs that level of work, we’ll tell you.

No charge, no obligation.

At the review stage we’re not contracted by you. We have no obligation to report our findings to any agency. The review is yours, for your awareness and your decisions.

Once you hire us, you designate us to file the required reports with the regulators on your behalf. These are the same reports you would file yourself.

Usually, but it depends on your agreement — some run month to month, others carry an annual term. Send us yours and we’ll tell you what leaving would cost and whether it’s worth waiting out the term.

Yes. Under 49 CFR 40.15(c), using a service agent in good faith is not a defense in an enforcement action — you hold ultimate responsibility for your company’s compliance. Which is why it matters who you entrust this work to, how diligently they do it, and whether you can reach them when you need to.