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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: FMCSAguidance@dot.gov. Please identify the guidance document in your request.

Subject Agency Identifier Topic Issued Date
May a motor carrier create an accident register of its own, or is there a specified form that must be used? FMCSA-RG-390.15-Q001 Format of accident register
Is a driver training school required to keep a driver qualification file on each student? FMCSA-DQ-391.51-Q002 Driver qualification files
May a motor carrier create an accident register of its own, or is there a specified form that must be used? FMCSA-RG-390.15-Q001 Format of accident register
Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 11 hours driving and found the rest area full, forcing the driver to continue past the 11 hours driving looking FMCSA-HOS-395.1-FAQ28 Hours of Service Exceptions
If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121? FMCSA-D&A-382.121-FAQ002 Employee admission of alcohol and controlled substances use
If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for controlled substances or a test result of less than 0.04 al FMCSA-D&A-382.503-FAQ001 Guidance on whether employer may accept subsequent test results
A motor carrier uses a consortium/third party administrator (C/TPA) to conduct its random selection of driver names. The C/TPA has many motor carriers in its random selection pool. The C/TPA has set up its random selection program to pick driver names and FMCSA-D&A-382.305-FAQ013 Applicability of Section § 382.305
Part 387 Section § 387.27: Applicability. FMCSA-INS-387.27-Q002 How passenger carrier financial responsibility requirements are determined
If a motor carriers sends a potential interstate driver to a medical examiner to have both a pre-employment medical examination and a pre-employment controlled substances test performed, how must the medical examiner conduct the medical examination includ FMCSA-MED-391.43-Q7 Drug Testing and Driver Physical Qualification Examination
If a driver has been notified of his/her selection of random drug and/or alcohol testing and the testing cannot be completed because of “unforeseeable obstacles” at the collection site (i.e. collection site closed, collector unavailable when driver shows FMCSA-D&A-382.305-FAQ015 Drug & Alcohol Random Testing