DOT Tells FMCSA to Rewrite Rules for Autonomous Trucks

What does the new DOT guidance require FMCSA to do for autonomous trucks?

The U.S. Department of Transportation issued new federal guidance on September 8, 2026, directing the Federal Motor Carrier Safety Administration (FMCSA) to overhaul operational safety regulations for autonomous vehicles and resolve outstanding questions about automated surface transportation of hazardous materials. The guidance maps a path for wider deployment of autonomous trucks but puts the regulatory burden squarely on FMCSA to rewrite the rulebook.

FMCSA Must Revamp Operational Safety Rules

The DOT guidance requires FMCSA to revamp its operational safety regulations to account for vehicles that operate without a human driver in the cab. Current FMCSA rules assume a driver is present to conduct pre-trip inspections, maintain logs, and respond to roadside enforcement. Autonomous systems eliminate that assumption.

FMCSA will need to rewrite or waive rules governing driver qualifications, hours of service, vehicle inspections, and roadside enforcement procedures. The agency has not announced a timeline for proposed rules or a docket number for public comment.

Hazmat Transport Questions Remain Unresolved

The guidance also orders FMCSA to resolve questions about automated surface transportation of hazardous materials. Federal hazmat regulations (49 CFR Part 397) require a driver to attend the vehicle during loading, unloading, and transport of certain placarded loads. Autonomous trucks cannot meet that requirement without a human attendant.

FMCSA must decide whether to allow autonomous transport of hazmat loads, require a human attendant for specific classes, or prohibit autonomous hazmat transport entirely. The Pipeline and Hazardous Materials Safety Administration (PHMSA), which shares jurisdiction over hazmat transport, has not issued parallel guidance.

What This Means for Carriers Running Autonomous Pilots

Carriers testing autonomous trucks under existing FMCSA exemptions or state pilot programs face regulatory uncertainty. The DOT guidance does not extend, revoke, or modify any current exemptions. Carriers with active exemptions should continue operating under the terms granted.

Carriers planning to deploy autonomous trucks commercially cannot do so until FMCSA publishes new operational rules. The agency has not indicated whether it will issue interim guidance, expand exemptions, or wait for full rulemaking.

CSA and Enforcement Implications

The guidance does not address how FMCSA will apply Compliance, Safety, Accountability (CSA) scoring to autonomous fleets. Current CSA methodology assigns violations to the driver and the carrier. Autonomous trucks eliminate the driver from the equation.

FMCSA will need to decide whether to score autonomous vehicle violations differently, create a separate CSA category for autonomous fleets, or hold carriers fully accountable for all violations without driver-level scoring. Roadside inspectors will need new procedures for inspecting vehicles that lack a driver to interview or a logbook to review.

What Small Fleets Should Watch

Small fleets and owner-operators are unlikely to deploy autonomous trucks in the near term, but the regulatory changes will affect the entire industry. FMCSA's rewrite of operational safety rules may create new compliance requirements for all carriers, not just those running autonomous equipment.

Carriers should monitor FMCSA dockets for proposed rules on autonomous vehicle operations. The agency will likely open a public comment period before finalizing any changes. Fleets that operate in states with active autonomous vehicle pilot programs (Arizona, California, Florida, Texas) should track state-level rule changes as well.

The FMCSA split-duty pilot and other recent hours-of-service changes show the agency is willing to test new operational models. Autonomous vehicle rules will follow a similar pattern: pilot programs, data collection, and eventual rulemaking.

No Timeline for FMCSA Action

The DOT guidance does not include a deadline for FMCSA to publish new rules. The agency has not announced whether it will issue an advance notice of proposed rulemaking (ANPRM), a notice of proposed rulemaking (NPRM), or interim guidance.

Carriers should not expect new autonomous vehicle rules in 2026. FMCSA's rulemaking process typically takes 18 to 36 months from initial proposal to final rule. The agency is currently managing multiple active rulemakings, including the broker transparency rule and updates to the Drug and Alcohol Clearinghouse.

What Carriers Must Do Now

Carriers testing autonomous trucks under FMCSA exemptions should review the terms of their exemptions and ensure compliance with all conditions. Carriers planning to apply for new exemptions should wait for FMCSA to issue guidance on how the DOT directive affects the exemption process.

Carriers not involved in autonomous vehicle testing do not need to take immediate action. FMCSA will publish proposed rules in the Federal Register and open a public comment period before any changes take effect. Fleets should monitor FMCSA announcements and industry trade groups for updates on the rulemaking timeline.