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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and OMB Memorandum M-20-02 any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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: Please identify the guidance document in your request.

Subject Agency Identifier Topic Issued Date
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
When can a movement of a CMV during an off-duty period be considered personal conveyance? FMCSA-HOS-PC-395.8-FAQ12 Personal Conveyance guidance
Part 387 Section § 387.9: Financial responsibility, minimum levels. FMCSA-INS-387.9-Q005 Insurance requirements for a motor carrier operating a tube trailer where the cylinders are manifolded together
Actual Knowledge – traffic citation: Would a document, other than a traffic citation, charging an employee-driver with operating a CMV while under the influence of drugs or alcohol provide a sufficient basis for the employer’s actual knowledge, as defined FMCSA-D&A-382.107-FAQ002 Guidance on what charging documents provide a sufficient basis for the employer’s actual knowledge.
Part 387 Section § 387.39: Forms. FMCSA-INS-387.39-Q001 Aggregation of insurance to meet financial responsibility requirements
Does a foreign-based motor carrier’s accident register have to include accidents that occur in Canada or Mexico? FMCSA-RG-390.15-FAQ004 Canadian/Mexican motor carrier accident reports for accidents in Canada/Mexico
Section § 382.103: Applicability FMCSA-D&A-382.103-Q002 Applicability of part 382 to driver training schools and student drivers
When an interstate tow truck operator responds to a request for assistance from a Federal, State or local police officer to move wrecked or disabled motor vehicles, what should the Record of Duty Status (RODS) required by Section 395.8 reflect for the tim FMCSA-RG-390.23-Q005 RODS entry for tow trucks responding to police call
Section § 385.415: What operational requirements apply to the transportation of a hazardous material for which a permit is required? FMCSA-HMSP-385.415-Q001 Hazardous Materials Safety Permits
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