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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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

Subject Agency Identifier Topic Issued Date
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.
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
Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 11 hours driving and found the rest area full, forcing the driver to continue past the 11 hours driving looking FMCSA-HOS-395.1-FAQ28 Hours of Service Exceptions
§385.1 Who must hold a safety permit. FMCSA-HMSP-385.403-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
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
If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121? FMCSA-D&A-382.121-FAQ002 Employee admission of alcohol and controlled substances use
If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for controlled substances or a test result of less than 0.04 al FMCSA-D&A-382.503-FAQ001 Guidance on whether employer may accept subsequent test results
Hours of Service Exceptions FMCSA-HOS-395.1-FAQ33 Hours of Service Exceptions
A motor carrier uses a consortium/third party administrator (C/TPA) to conduct its random selection of driver names. The C/TPA has many motor carriers in its random selection pool. The C/TPA has set up its random selection program to pick driver names and FMCSA-D&A-382.305-FAQ013 Applicability of Section § 382.305