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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.

To comment on any guidance document, or to request issuance, reconsideration, modification, or rescission of any guidance document, please identify the guidance document in your request and send it to: FMCSAguidance@dot.gov. NOTE: The FMCSAguidance mailbox is not intended to serve as a mailbox for general inquiries. For inquiries that go beyond the limited purpose of the FMCSAguidance mailbox, please call FMCSA's Information Line (800-832-5660) or visit FMCSA's "Contact Us" page to send your inquiry to the appropriate mailbox.

Subject Agency Identifier Topic Issued Date
Are driver positions that are vacant for a testing cycle to be included in the determination of how many random tests must be conducted? FMCSA-D&A-382.305-Q04 Guidance on impact of vacant driver positions on the random pool
Question 3: Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee? FMCSA-D&A-382.603-Q03 Drug & Alcohol Testing – Reasonable Suspicion Testing and Training Requirements Applicable to Owner-Operators
Occasionally, the driver has leftover materials that must be transported back to a motor carrier facility or service depot. Would such a return trip be covered by §395.1(d)(1)? FMCSA-HOS-395.1-Q10 Hours of Service Exceptions
Can a truck tractor drawing a trailer be a driveaway-towaway operation? FMCSA-RG-390.5T-Q023 Trailers in driveaway-towaway operations
Documents required for accident register FMCSA-RG-390.15-Q003 Documents required for accident register
Question 20: May an employee who tests positive be retained in a non-driving capacity? FMCSA-D&A-382.605-Q20 Drug & Alcohol Testing – Employees Who Test Positive
Is time spent operating controls in a CMV to perform an auxiliary, non-driving function (e.g., lifting a loaded container, compacting waste, etc.) considered driving time? FMCSA-HOS-395.2-Q26 Hours of Service Definitions
If a CMV has a defective tire, may the driver remove the defective tire from the axle and drive with three tires on an axle instead of four? FMCSA-VEH-393.75-Q01 Removal of defective tire from set of dual tires
May time spent in resting or sleeping in motor homes being delivered be recorded as off-duty time? FMCSA-HOS-395.3-Q09 Hours of Service Maximum Driving Time
Question 14: Is it acceptable for the proof of periodic inspection to be written in Spanish? FMCSA-VM-396.17-Q14.cm May proof of periodic inspection be written in Spanish?