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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.

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: Please identify the guidance document in your request.

Subject Agency Identifier Topic Issued Date
Hours of Service Exceptions FMCSA-HOS-395.1-FAQ33 Hours of Service Exceptions
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 volunteer drivers subject to alcohol and drug testing? FMCSA-D&A-382.103-FAQ007 Applicability of drug and alcohol testing requirements to volunteer drivers
May an employer notify a driver of his/her selection for a random controlled substances test while the driver is in an off-duty status? FMCSA-D&A-382.305-FAQ011 Notifying a driver of his/her selection for a random test while the driver is in an off-duty status
If a driver is required repeatedly to respond to satellite or similar communications received during a 10-hour off-duty period (8-hour off-duty period for passenger transportation), does this activity affect a driver’s duty status? FMCSA-HOS-395.2-Q31 Hours of Service Definitions
Are motor carriers transporting HM that are covered under exceptions to the HMRs subject to financial responsibility regulations? FMCSA-INS-387.3-Q007 Applicability of Financial Responsibility Regulations to motor carrier transporting hazardous materials under exceptions to the HMRs
Does fuel used in the production of agricultural commodities qualify as “farm supplies” under 49 CFR 395.1(k)? FMCSA-HOS-AG-395.1-FAQ31 Hours of Service Agricultural Commodities
Is it permissible to select alternates for the purpose of complying with the Random Testing regulations? FMCSA-D&A-382.305-FAQ012 Selecting alternates for the purpose of complying with the random testing regulations
If a driver drives in a non-commercial vehicle to take a physical examination, should the duty status be recorded as on-duty not driving, or as off-duty? Would the answer change if the motor carrier directs the driver to go for the examination? FMCSA-HOS-395.2-Q32 Hours of Service Definitions
Section § 387.3: Applicability FMCSA-INS-387.3-Q004 Applicability of Financial Responsibility Requirements to Government Entities