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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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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
A corporation (the parent corporation) owns subsidiary corporations that are for-hire motor carriers, each having their own separate operating authorities. The parent corporation does not operate commercial motor vehicles. However, the parent corporation FMCSA-RG-390.5T-FAQ029 Whether a parent with subsidiary “motor carriers” is a “motor carrier”
Do the FMCSRs apply to Indian Tribal Governments? FMCSA-RG-390.3T-Q020 Applicability of FMCSRs to Indian Tribal Governments
Section § 382.103: Applicability FMCSA-D&A-382.103-Q002 Applicability of part 382 to driver training schools and student drivers
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?
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
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
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
Does the exception in §395.1(k) for “drivers transporting agricultural commodities or farm supplies for agricultural purposes” cover the transportation of poultry or poultry feed? FMCSA-HOS-AG-395.1-FAQ30 Hours of Service Agricultural Commodities
Are motor vehicles being transported considered to be HM for purposes of the financial responsibility requirements, thus requiring the higher limits set forth in the regulations? FMCSA-INS-387.3-Q008 Whether motor vehicles being transported are considered hazardous materials for purposes of the financial responsibility requirements
What are the physical qualification requirements for operating a CMV in interstate commerce? FMCSA-MED-391.41-Q3 Driver Physical Qualification Standards