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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
May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test? FMCSA-D&A-382.301-FAQ004 Whether an employer may administer a road test to a prospective driver subject to Part 382 without first conducting a pre-employment test
Section § 387.3: Applicability FMCSA-INS-387.3-Q004 Applicability of Financial Responsibility Requirements to Government Entities
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
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
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
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
Does § 390.23 create an exemption from the FMCSRs each and every time the delivery of electricity is interrupted, no matter how isolated or minor the occurrence? FMCSA-RG.390.23-Q001 Applicability of emergency exception to electrical outages
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
Section § 382.103: Applicability FMCSA-D&A-382.103-Q002 Applicability of part 382 to driver training schools and student drivers
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