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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
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
Many small school districts are affiliated through service units which are, in essence, a coalition of individual districts. Can these school districts have one common confidant for purposes of receiving results and keeping records? FMCSA-D&A -382.401-Q01 Drug & Alcohol Testing – Record Retention
Is the operation of motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), in interstate commerce, by private firefighting companies transporting their employees subject to the FMCSRs? FMCSA-RG-390.3T-FAQ028 Applicability of FMCSRs to private firefighting companies transporting their own employees in 9-15 passenger CMVs
§385.1 Who must hold a safety permit. FMCSA-HMSP-385.403-Q001 Hazardous Materials Safety Permits
What level of insurance is required for a carrier operating a multi-compartment cargo tank that is transporting a hazardous substance, where each compartment is less than 3,500 water gallon capacity, and the total capacity is greater than 3,500 water gall FMCSA-INS-387.9-Q004 Insurance requirements for multi-compartment cargo tanks
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
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