Tennessee's line is 26,000 — and it is written as an exemption.
Tennessee comes at this from the other direction. Rather than adopting the federal parts above a threshold, the statute says Parts 390 through 397 do not apply to intrastate property-carrying vehicles at or below 26,000 lbs. Everything else is in.
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What Tennessee adopted
Tennessee takes the federal safety regulations into state law and applies them to carriers that never leave the state. The instrument is Tenn. Code Ann. § 65-15-111.
- Parts adopted
- 49 CFR Parts 390 through 397
- In the rule's own words
- “49 CFR parts 390-397, shall not apply to commercial motor vehicles operated in intrastate commerce to transport property that have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand pounds (26,000 lbs.) or less”Tenn. Code Ann. § 65-15-111
When it reaches you
Tennessee intrastate threshold
over 26,000 lbs
Intrastate property-carrying vehicles rated at 26,000 lbs or less by GVWR or GCWR are outside Parts 390-397. Above that rating, the parts apply — including Part 391 and the driver qualification file.
Covered regardless of weight
- Vehicles transporting hazardous materials required to be placarded
- Vehicles designed to transport 16 or more passengers, including the driver
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 Tennessee.
The exemption is for property, not passengers
The statute's weight exemption is written for vehicles operated to transport property. A passenger operation is handled by the separate 16-or-more-passenger exception, so don't read the weight line as covering a shuttle or bus fleet.
26,000, not 26,001
Tennessee states the exemption at twenty-six thousand pounds or less. The neighbouring states write 26,001 and above. The practical line is the same place, but quote Tennessee's number when you are citing Tennessee.
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 Tennessee 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.
Our straight trucks are rated 25,999 lbs and we stay in Tennessee. Do the rules apply?
Tenn. Code Ann. § 65-15-111 provides that 49 CFR Parts 390-397 do not apply to intrastate property-carrying commercial motor vehicles rated at 26,000 pounds or less by GVWR or GCWR, unless the vehicle carries placarded hazardous materials or is designed to carry 16 or more passengers including the driver.
We do one run a month into Georgia. Does that change anything?
Yes. That run is interstate commerce and the federal definition in 49 CFR 390.5 applies at 10,001 lbs, so the driver on that run needs a complete file under 49 CFR 391.51 regardless of the Tennessee exemption.
Which parts are in scope when the exemption doesn't apply?
49 CFR Parts 390 through 397, which contains Part 391 and the eleven-record driver qualification file in 391.51.
Other states
- Georgia · 10,001 lbs
- Florida · 26,001 lbs
- North Carolina · 26,001 lbs
- Alabama · 26,001 lbs
- South Carolina · no weight carve-out in the rule
General information, not legal advice. State rules are amended; verify Tenn. Code Ann. § 65-15-111 in its current form before relying on it for your operation. Federal citations are to Title 49 of the Code of Federal Regulations.