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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
Question 1: What is meant by ‘‘systematic inspection, repair, and maintenance?” FMCSA-VM-396.3-Q001 Vehicle inspection, repair and maintenance
Would the accident report retention requirement in §390.15(b)(2) include an ‘‘Adjuster’s Report’’ that is normally considered to be an internal document of an insurance company? FMCSA-RG-390.15-Q002 Retention of insurance “adjuster’s report”
Are mobile cranes operating in interstate commerce considered CMVs, and are they subject to the FMCSRs? FMCSA-RG-390.5T-Q009 Are mobile cranes CMVs subject to the FMCSRs?
If an interstate driver tests positive for alcohol or controlled substances under part 382, must the driver be medically re-examined and obtain a new medical examiner’s certificate to drive again? FMCSA-MED-391.41-Q5 Driver Physical Qualification Standards
Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-counter medication? FMCSA-D&A-382.105-Q04 Applicability of Section 382.105
Are there allowances made in the Federal Motor Carrier Safety Regulations (FMCSRs) for delays caused by loading and unloading? FMCSA-HOS-395.1-Q04 Hours of Service of Exceptions
Guidance on employer joining consortium FMCSA-D&A-382.305-Q12 Guidance on employer joining consortium
May an employer (motor carrier) disclose information required to be maintained under 49 CFR part 382 (pertaining to a driver) to the driver or the decision maker in a lawsuit, grievance, or other proceeding (including, but not limited to, worker’s compens FMCSA-D&A-382.405-Q004 Drug & Alcohol Testing Records - Access
How does compensation relate to on-duty time? FMCSA-HOS-395.2-Q10 Hours of Service Definitions
Does § 393.41 prohibit air brake systems from being equipped with a means to release the spring brakes for purposes of towing disabled vehicles in emergency situations? FMCSA-VEH-393.41-Q02 Releasing spring brakes for towing