New Hampshire's Department of Safety adopts the federal motor carrier safety regulations for carriers operating in the state, in intrastate and interstate commerce alike. Here is what that means for your driver files, and where New Hampshire's rules differ.
Source: FMCSA Company Census File, September 2026
State rules
Saf-C 901.01 · 901.02
New Hampshire's motor carrier rules apply to all motor carriers and commercial vehicle drivers in intrastate or interstate commerce, and adopt the federal regulations in 49 CFR Parts 382 and 385-397. Part 391 is in that range.
Saf-C 904.01
Drivers who stay in New Hampshire and do not haul hazardous materials must be at least 18. Interstate drivers still have to be 21, so an 18-year-old on your roster is limited to in-state routes.
Saf-C 909 · RSA 266:72-a III
The Commissioner of Safety can grant a waiver to an intrastate-only driver who does not meet a federal physical qualification standard. The driver still needs the medical examination; file the waiver alongside the certificate.
RSA 266:72-a VI
Intrastate vehicles with farm or agricultural plates, a gross weight of 26,000 lbs or less and no placarded loads, are exempt from most of the federal rules. The exemption does not cover the rules on fatigue, drugs, alcohol, brakes or unsafe operation.
The checklist
| Document | Rule | When | New Hampshire 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 | New Hampshire DMV, plus any state that licensed the driver in the past three years, often Massachusetts for southern New Hampshire hires |
| 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 | Intrastate drivers may also hold a Commissioner of Safety medical waiver (Saf-C 909); file it alongside |
| Annual driving record review | §391.25 | Every 12 months | Pull a fresh New Hampshire DMV record each year |
Keep each file for as long as the driver works for you, plus three years (§391.51).
Questions
Yes. Under Saf-C 901.01 the New Hampshire motor carrier rules apply to carriers in intrastate and interstate commerce, and Saf-C 901.02 adopts the federal regulations that include Part 391. RSA 266:72-a also makes intrastate drivers subject to the medical examination and road test requirements.
Partly. Under RSA 266:72-a VI, intrastate vehicles with farm or agricultural plates and a gross vehicle weight of 26,000 lbs or less, carrying fewer than 16 passengers and no placarded materials, are exempt from most of the federal rules. The rules on fatigue, drugs, alcohol, brakes and unsafe operation still apply.
For as long as the driver works for you, plus three years after they leave, under 49 CFR 391.51. New Hampshire adopts that retention rule with the rest of Part 391.
From the New Hampshire Division of Motor Vehicles. You need 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.