In Georgia, staying inside the state doesn't get you out of it.
Most states let intrastate carriers off below 26,001 lbs. Georgia does not. Georgia adopted the federal rules and then instructed that every reference to interstate commerce be read as intrastate commerce, which pulls the federal 10,001 lb definition of a commercial motor vehicle onto trucks that never cross a state line.
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What Georgia adopted
Georgia takes the federal safety regulations into state law and applies them to carriers that never leave the state. The instrument is Ga. Comp. R. & Regs. 570-38-1-.05.
- Parts adopted
- 49 CFR Parts 350, 376, 382, 383 and 390 through 397
- In the rule's own words
- “All references to 'interstate' commerce in the Federal Motor Carrier Safety Regulations adopted hereby shall be interpreted for the purposes of this Chapter to mean 'intrastate' commerce in Georgia.”Ga. Comp. R. & Regs. 570-38-1-.05
When it reaches you
Georgia intrastate threshold
10,001 lbs
Because Part 390 is adopted as written and interstate is read as intrastate, the federal definition of a commercial motor vehicle applies to Georgia-only operations: 10,001 lbs gross vehicle or combination weight rating, or actual weight, whichever is greater (49 CFR 390.5).
Covered regardless of weight
- Designed or used to transport more than 8 passengers including the driver, for compensation (49 CFR 390.5)
- Designed or used to transport more than 15 passengers including the driver, not for compensation (49 CFR 390.5)
- Any vehicle carrying hazardous materials in a quantity requiring placards (49 CFR 390.5)
Cross a state line — or run an in-state leg of trade that starts or ends out of state — and the federal definition applies instead, at 10,001 lbs (49 CFR 390.5). The state threshold only ever helps a carrier whose work is entirely inside Georgia.
The gap between a CDL and a driver file is widest here
A CDL is required at 26,001 lbs (49 CFR 383.5). Georgia's intrastate driver file obligation starts at 10,001. A landscaping crew truck pulling an equipment trailer, a 14,000 lb dump body, a service truck — no CDL needed, driver file still needed.
Part 382 is adopted too
570-38-1-.05 adopts Part 382 (controlled substances and alcohol testing) alongside the safety parts. Note that Part 382 itself applies to drivers who hold CDLs, so the testing obligation and the file obligation cover different sets of your drivers.
What every driver file must hold
Once the rules apply, the contents are federal and identical in every state: 11 records per driver across two separate files, plus related obligations. A missing or incomplete required record is a recordkeeping violation — up to $1,584 per day and $15,846 per violation (49 CFR Part 386, Appendix B).
Driver Qualification File
49 CFR 391.51
- Application for employment · At hire
- Motor vehicle record — at hire · At hire
- Road test certificate or equivalent · Once
- Motor vehicle record — annual inquiry · Every 12 months
- Note of annual review of driving record · Every 12 months
- Medical examiner's certificate · Expires — up to 24 months
Driver Investigation History File
49 CFR 391.53
- Driver's written authorization · At hire
- Previous employer responses · Within 30 days of hire
Related obligations
49 CFR Parts 380 & 382
- Pre-employment drug & alcohol test result · At hire
- Drug & Alcohol Clearinghouse query · Pre-employment, then annually
- Entry-level driver training certificate · Once
We build the files for you
$999 one-time Audit-Ready Setup for Georgia carriers with up to 30 drivers, with a 30-day money-back guarantee. Then $8 per driver per month ($79 minimum) to track every expiry date.
I run six trucks and never leave Georgia. Do I need driver qualification files?
If any of those vehicles is rated at 10,001 lbs or more, yes. Ga. Comp. R. & Regs. 570-38-1-.05 adopts 49 CFR Parts 390 through 397 and directs that references to interstate commerce be read as intrastate commerce in Georgia, which brings the 49 CFR 390.5 definition of a commercial motor vehicle onto in-state operations.
My trucks are under 26,001 lbs and my drivers don't have CDLs. Does that change it?
No. The CDL threshold (49 CFR 383.5) and the driver file threshold are different numbers. Drivers without CDLs still need a complete file under 49 CFR 391.51 when the vehicle meets the commercial motor vehicle definition.
Where exactly does Georgia say this?
Ga. Comp. R. & Regs. 570-38-1-.05, 'Federal Motor Carrier Safety Rules', which adopts Parts 350, 376, 382, 383 and 390 through 397 of Title 49 of the Code of Federal Regulations.
Other states
- Florida · 26,001 lbs
- North Carolina · 26,001 lbs
- Alabama · 26,001 lbs
- Tennessee · over 26,000 lbs
- South Carolina · no weight carve-out in the rule
General information, not legal advice. State rules are amended; verify Ga. Comp. R. & Regs. 570-38-1-.05 in its current form before relying on it for your operation. Federal citations are to Title 49 of the Code of Federal Regulations.