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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. FMCSA may not cite, use, or rely on any guidance that is not posted on this Guidance Portal, except to establish historical facts.

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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.

For more information regarding the procedures associated with the development and issuance of DOT guidance documents, please see the Department’s regulations on “Administrative Rulemaking, Guidance, and Enforcement Procedures” (December 27, 2019). 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
May the adverse driving conditions exception be used in concert with the revised short-haul provisions? FMCSA-HOS-2020-395-FAQ21 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