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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
May an employer use the results of another program in which a driver participates to satisfy random testing requirements if the driver is used by the employer only occasionally? FMCSA-D&A-382.305-Q05 Using another’s program to satisfy random testing requirements
If a driver invokes the exception for adverse driving conditions, does a supervisor need to sign the driver’s record of duty status when he/she arrives at the destination? FMCSA-HOS-395-Q02 Hours of Service Exception
Question 9: Is an employer obligated to return an employee to safety-sensitive duty following the SAP's finding during the follow-up evaluation that the employee has demonstrated successful compliance with the treatment recommendation? FMCSA-D&A-382.605-Q09 Drug & Alcohol Testing – Employee’s Compliance with Treatment Recommendation
The definition of a passenger CMV is a vehicle ‘‘designed to transport’’ more than 15 passengers, including the driver. Does that include standing passengers if the vehicle was specifically designed to accommodate standees? FMCSA-RG-390.5T-Q025 Does passenger capacity include standing passengers
Footnote 5, requires that each converter dolly be equipped with turn signals at the rear FMCSA-VEH-393.11-Q03 Turn signals at the rear of converter dolly
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-382.307-Q04 Drug & Alcohol Testing – Reasonable Suspicion
Is the vacuum portion of vacuum-assisted hydraulic brake systems required to have a warning device? FMCSA-VEH-393.51-Q02 Does vacuum assist on hydraulic brakes need a warning device?
Do tires marked ‘‘NHS’’ (not for highway service) mean that highway use is prohibited by § 393.75? FMCSA-VEH-393.75-Q04 Use of tires not for highway service on the highway
Does § 396.11 require a separate DVIR for each vehicle in a combination of vehicles or is one report adequate to cover the entire combination? FMCSA-VM-396.11-Q005 Driver vehicle inspection reports
Question 26: Is the motor carrier official or agent who certifies that defects or deficiencies have been corrected or that correction was unnecessary required to be a mechanic or have training concerning commercial motor vehicle maintenance? FMCSA-VM-396.11-Q026 Driver vehicle inspection reports