Short answer
A trucking policy covers drivers who meet the law and the insurer’s own driver guidelines. Federal rules require interstate CMV drivers to be at least 21. Texas allows intrastate drivers from age 18. Insurers then set their own standards for experience and driving record, and those differ by program.
- Most trucking insurers want every driver submitted and approved, with a motor vehicle record (MVR), before the driver is dispatched.
- A driver who is excluded or never submitted can leave the company paying the claim itself, even if the injured public is paid under the MCS-90.
The legal floor: who may drive at all
For interstate commerce, 49 CFR 391.11 says a person is qualified to drive a commercial motor vehicle only if, among other things, they are at least 21, can read and speak English well enough for the job, are physically qualified, hold a valid CDL from one state, are not disqualified, and have passed (or had accepted) a road test.
Texas makes two exceptions for intrastate commerce. Under 37 TAC 4.12, the federal age-21 rule "shall not apply to intrastate commerce," and the minimum age for an intrastate driver is 18. The rule also replaces the English-language provision for intrastate drivers with a requirement to have passed the Texas CDL exam. An 18-year-old can legally drive a Texas intrastate route that a 20-year-old cannot drive across the state line.
| Operation | Minimum age | Rule |
|---|---|---|
| Interstate CMV driver | 21 | 49 CFR 391.11(b)(1) |
| Texas intrastate CMV driver | 18 | 37 TAC 4.12 |
The insurer’s floor: who the policy will accept
Legal eligibility is not the same as insurability. Each trucking insurer publishes its own driver guidelines, usually built around:
- Age and CDL experience. Many programs want a minimum number of years of verifiable CDL experience, and the minimum varies.
- MVR. Recent at-fault accidents, major violations (DUI, reckless driving, leaving the scene), and the number of moving violations.
- Equipment and commodity. Requirements tighten for tankers, hazmat, and heavy haul.
- Prior employment. Verifiable driving history with other carriers.
Because guidelines differ, a driver one program declines can be acceptable to another. That is one reason quotes differ so much. See how much does truck insurance cost in Texas and, for younger drivers, can new CDL drivers get insured.
Submitting, approving, and excluding drivers
Most trucking policies use a driver list. You submit the driver, the insurer pulls or reviews the MVR, and the driver is approved, surcharged, or declined. Some policies also add named driver exclusions.
If an excluded or unsubmitted driver crashes, the policy may deny coverage under its own terms. The MCS-90 can still require the insurer to pay injured members of the public up to the federal minimum, but the insurer may then seek reimbursement from you. Physical damage to your own truck and cargo losses have no such backstop.
Before a new driver’s first load
Get written confirmation that the driver is approved on the policy. A text that says "should be fine" is not approval.
Owner-operators and team drivers
If you lease on owner-operators, their drivers usually run under your authority and your liability policy, so they go through your insurer's driver approval. Owner-operators also need their own coverages for when they are not under dispatch. See who insures a leased owner-operator and leasing owner-operators.
Common questions
Can an 18-year-old drive for my Texas company?
Under 37 TAC 4.12 they may drive in Texas intrastate commerce. Whether your insurer will accept them is a separate question, and many programs set a higher minimum age or experience level.
Do I need to add every driver to the policy?
Most trucking policies require driver submission and approval. Check your policy’s driver condition and do not dispatch unapproved drivers.
What if my best driver gets a DUI?
Report it to your agent. The insurer may exclude the driver, surcharge, or non-renew. Hiding it risks a coverage denial when it matters most.
Sources
- 49 CFR 391.11, General qualifications of drivers (eCFR). Federal driver qualifications including minimum age 21.
- 37 Tex. Admin. Code § 4.12, Exemptions and Exceptions (Cornell LII). Texas intrastate minimum driver age 18 and Texas CDL exam requirement.
- FMCSA, Form MCS-90 Endorsement. Endorsement applies to vehicles operated under the policy.
This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.