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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
Part 387 Section § 387.27: Applicability. FMCSA-INS-387.27-Q006 Applicability of Financial Responsibility regulations to school buses used by the federal government of Mexico
If an employer is subject to random testing for only a partial calendar year, how should the employer determine the number of random tests required during the year to achieve the appropriate testing rate? (Examples: new employers that begin operating midw FMCSA-D&A-382.305-FAQ014 Guidance on how to determine the number of random tests required during the year to achieve the appropriate testing rate for employers who are subject to random testing for only a partial calendar year
Upon termination of direct assistance to a regional or local emergency relief effort, as specified in § 390.23(a), may utility company line crews return directly to the motor carrier’s terminal or the driver’s normal work reporting location without comply FMCSA-RG-390.23-FAQ004 Are utility service vehicles exempt while returning after emergency relief?
Would a driver delivering an empty commercial motor vehicle designed or used to carry passengers, from the manufacturer or distributor to a dealer be required to comply with the hours-of-service regulations for passenger-carrying drivers? FMCSA-HOS-395.5-Q01 Hours of Service Maximum Driving Time
If a driver was grandfathered from the skills test when he or she obtained a CDL, may an employer forego the administration of a road test as required by §391.31? FMCSA-DQ-391.33-Q001 Road test equivalent
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
FAQ 1: Does the definition of “livestock” in § 395.2 include llamas, alpacas, live fish, and crawfish, as added by the 2018 amendment to the Emergency Livestock Feed Assistance Act of 1988? FMCSA-HOS-AG-395.2-FAQ001 Hours of Service Exceptions
Do the FMCSRs apply to Indian Tribal Governments? FMCSA-RG-390.3T-Q020 Applicability of FMCSRs to Indian Tribal Governments
Hours of Service Exceptions FMCSA-HOS-395.1-FAQ33 Hours of Service Exceptions