Part 385 reaches intrastate work here, and nothing in the chapter narrows it
The federal new entrant safety assurance program lives in 49 CFR part 385, and whether it reaches a purely intrastate carrier depends on the state. In Virginia it does, and the mechanism is one sentence in the State Police chapter.
19VAC30-20-40(A) provides: “This chapter and the regulations contained in 49 CFR Parts 366, 370 through 376, 379, 380 Subparts E and F, 382, 385, 386 Subpart G, 387, 390 through 397, and 399, unless excepted, shall be applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate and intrastate commerce.”
Read the enumeration at the granularity it is written. Two entries in that list carry a subpart qualifier — “380 Subparts E and F” and “386 Subpart G”. Part 385 carries none. It is named whole, and the words that extend the list run to intrastate commerce as well as interstate.
The phrase “unless excepted” then has to be chased, because a list is only as wide as its exceptions. The chapter makes its exceptions in named sections rather than in a general clause, and they were walked one by one. Four of them modify the intrastate position substantively: financial responsibility, the exempt intracity zone, minimum driver age, and waiver of physical defects, plus an intrastate maximum driving time provision for one named commodity class. Three sections say in terms that their part is “Incorporated with no exceptions.” And five sections of the chapter — 20, 30, 90, 115 and 180 — are repealed outright.
None of them touches part 385. There is no article for it, no amendment of it and no carve-out from it. The federal safety fitness machinery, including the new entrant program, is extended to Virginia intrastate commerce entire.
One further exception in the same section is worth naming because it is easy to miss sitting directly beneath the one everyone quotes. Subsection B suspends the chapter for hours worked transporting to or from any portion of the Commonwealth for relief or assistance in a named list of emergencies, or for restoring utility service after an unexpected loss — and it carries its own conditional expiry, ending “if the Secretary of the U.S. Department of Transportation determines that it is in conflict with the intent of Federal Motor Carrier Safety Regulations.”
One caution about reading these two chapters together. 19VAC30-20-100 removes the federal financial responsibility part from wholly intrastate non-hazardous operation, which reads at a glance like a general absence of any requirement. It is not one: the Department of Motor Vehicles imposes its own intrastate minimums under a different title, and those are set out on our Virginia hot shot page. Two regimes, and reading either alone produces a false answer.
- Part 385 is listed whole, with no subpart qualifier, and extended to intrastate commerce.
- Only two entries in the list carry subpart qualifiers — Part 380 Subparts E and F, and Part 386 Subpart G.
- The chapter’s exceptions are made in named sections; none of them reaches Part 385.
- Five sections of the chapter are repealed; three others state that their part is incorporated with no exceptions.
- Subsection B suspends the chapter for disaster relief and utility restoration hours, with its own conditional expiry.
- The removal of the federal financial responsibility part from intrastate operation is not an absence of a requirement.