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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 contained herein lack the force and effect of law, except as authorized by law or as incorporated into a contract, and are not meant to bind the public in any way. The guidance documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

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and OMB Memorandum M-20-02 any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect. Such materials shall not be cited, used, or relied upon, except to establish historical facts.

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
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
Part 390 § 390.23 Relief from regulations If there is an ELD in the truck, what should a driver do to account for the miles driven under an emergency declaration? FMCSA-RG-390.23-FAQ020 Emergency Declarations
Part 390 § 390.23 Relief from regulations How do the hours a driver worked under an emergency exemption impact the 60/70-hour rule when the driver goes back to normal operations? FMCSA-RG-390.23-FAQ018 Emergency Declarations
Part 390 § 390.23 Relief from regulations What does a driver need to do when returning to normal operations after operating under an emergency declaration? FMCSA-RG-390.23-FAQ021 Emergency Declarations
Part 390 § 390.23 Relief from regulations Is the time spent driving to pick up a truck regulated as on duty time? FMCSA-RG-390.23-FAQ024 Emergency Declarations
§380.600 – Compliance date for training requirements for entry-level drivers FMCSA-ELDT-380.600-Q007 Commercial Driver License; Entry level Driver Training
A person is transported to a hospital from the scene of a commercial motor vehicle traffic accident. FMCSA-RG-390.5T-FAQ027 “Medical treatment” that triggers “accident” classification
If a vehicle’s GVWR plate and/or VIN number are missing but its actual gross weight is 10,001 pounds or more, may an enforcement officer use the latter instead of GVWR to determine the applicability of the FMCSRs? FMCSA-RG-390.5T-Q003 Use of actual GVW when GVWR and/or VIN plate missing
Are motor vehicles being transported considered to be HM for purposes of the financial responsibility requirements, thus requiring the higher limits set forth in the regulations? FMCSA-INS-387.3-Q008 Whether motor vehicles being transported are considered hazardous materials for purposes of the financial responsibility requirements
Question 1: Is §392.10(a)(4) applicable to drivers operating cargo tank vehicles that were used to transport hazardous materials for which placarding or marking was required, but are no longer required because the cargo tank has been emptied, or the quant FMCSA-DRV-392.10-Q001 Railroad crossings