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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.

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and OMB Memorandum M-20-02 any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect. Such materials shall not be cited, used, or relied upon, except to establish historical facts.

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 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
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
Part 387 Section § 387.27: Applicability. FMCSA-INS-387.27-Q002 How passenger carrier financial responsibility requirements are determined
If a motor carriers sends a potential interstate driver to a medical examiner to have both a pre-employment medical examination and a pre-employment controlled substances test performed, how must the medical examiner conduct the medical examination includ FMCSA-MED-391.43-Q7 Drug Testing and Driver Physical Qualification Examination
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
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
Must a motor carrier that uses a 100-air-mile radius driver write zero (0) hours on the time record for each day the driver is off duty (not working for the motor carrier)? FMCSA-HOS-395.1-FAQ29 Hours of Service
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
What is the applicability of the FMCSRs to school bus operations performed by Indian Tribal Governments? FMCSA-RG-390.3T-Q012 Applicability of FMCSRs to Indian school bus operations