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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 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 driver choose to use the sleeper berth provision some days and the other provisions of 49 CFR 395.1(g) other days? FMCSA-HOS-2020-395-FAQ09 Hours of Service
Who is exempt from the ELD rule? FMCSA-ELD-395-Q17 ELD Guidance
Emergency Conditions Exceptions –Applicability to Civil Disturbance FMCSA-HOS-395.1-Q28 HOS Emergency Conditions Exception -- Applicability to Civil Disturbance
SAP Evaluation: Can employers or drivers seek a second substance abuse professional (SAP) evaluation if they disagree with the first SAP’s recommendations? FMCSA-D&A-40.295-FAQ001 Guidance for employers or drivers seeking a second SAP evaluation
Part 390 § 390.23 Relief from regulations An emergency declaration states that after completed work under the declaration and returning to normal operations, a commercial vehicle driver must take 10 hours off. What if there is nowhere at the location for FMCSA-RG-390.23-FAQ023 Emergency Declarations
Disruptions to Drug and Alcohol Testing Due to the Coronavirus Disease 2019 (2019) FMCSA-DA-COVID19-FAQ1 Disruptions to Drug and Alcohol Testing Due to the Coronavirus Disease 2019
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