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Regulatory Guidance

Welcome to the FMCSA Guidance Portal. This web portal is a searchable, indexed database that contains and links to all guidance documents in effect from the Federal Motor Carrier Safety Administration.

The guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. FMCSA may not cite, use, or rely on any guidance that is not posted on this Guidance Portal, except to establish historical facts.

This Guidance Portal represents the exclusive source of guidance that the FMCSA has determined is in effect. In accordance with Executive Order 13891 and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.

For more information regarding the procedures associated with the development and issuance of DOT guidance documents, please see the Department’s regulations on “Administrative Rulemaking, Guidance, and Enforcement Procedures” (December 27, 2019). To comment on any guidance document, or to request issuance, reconsideration, modification, or rescission of any guidance document in accordance with 49 CFR 5.41, send your request to: FMCSAguidance@dot.gov. Please identify the guidance document in your request.

Subject Agency Identifier Topic Issued Date
§380.605 – Definitions Guidance Q&A Question 5: Can States impose more stringent standards than those established by the entry-level driver training (ELDT) regulations? FMCSA-ELDT-380.605-Q005 Commercial Driver License; Entry level Driver Training
Who is exempt from the ELD rule? FMCSA-ELD-395-Q17 ELD Guidance
Emergency Conditions Exceptions –Applicability to Civil Disturbance FMCSA-HOS-395.1-Q28 HOS Emergency Conditions Exception -- Applicability to Civil Disturbance
SAP Evaluation: Can employers or drivers seek a second substance abuse professional (SAP) evaluation if they disagree with the first SAP’s recommendations? FMCSA-D&A-40.295-FAQ001 Guidance for employers or drivers seeking a second SAP evaluation
Part 390 § 390.23 Relief from regulations An emergency declaration states that after completed work under the declaration and returning to normal operations, a commercial vehicle driver must take 10 hours off. What if there is nowhere at the location for FMCSA-RG-390.23-FAQ023 Emergency Declarations
Disruptions to Drug and Alcohol Testing Due to the Coronavirus Disease 2019 (2019) FMCSA-DA-COVID19-FAQ1 Disruptions to Drug and Alcohol Testing Due to the Coronavirus Disease 2019
Part 390 § 390.23 Relief from regulations Are loads that include supplies related to direct assistance under the emergency declaration mixed with other, un-related materials covered under an emergency declaration? FMCSA-RG-390.23-FAQ016 Emergency Declarations
Part 390 § 390.23 Relief from regulationsIs the driver required to use a paper logbook or ELD when providing direct assistance under an emergency declaration? FMCSA-RG-390.23-FAQ019 Emergency Declarations
Part 390 § 390.23 Relief from regulations What documentation is needed to verify that the driver is operating under an emergency declaration? FMCSA-RG-390.23-FAQ022 Emergency Declarations
Part 390 § 390.23 Relief from regulations Is a driver required to take a 30-minute break while providing direct assistance under an emergency declaration? FMCSA-RG-390.23-FAQ017 Emergency Declarations