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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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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
Section § 385.415: What operational requirements apply to the transportation of a hazardous material for which a permit is required? FMCSA-HMSP-385.415-Q001 Hazardous Materials Safety Permits
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
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
Is a driver training school required to keep a driver qualification file on each student? FMCSA-DQ-391.51-Q002 Driver qualification files
May an employer notify a driver of his/her selection for a random controlled substances test while the driver is in an off-duty status? FMCSA-D&A-382.305-FAQ011 Notifying a driver of his/her selection for a random test while the driver is in an off-duty status
Does fuel used in the production of agricultural commodities qualify as “farm supplies” under 49 CFR 395.1(k)? FMCSA-HOS-AG-395.1-FAQ31 Hours of Service Agricultural Commodities
Is it permissible to select alternates for the purpose of complying with the Random Testing regulations? FMCSA-D&A-382.305-FAQ012 Selecting alternates for the purpose of complying with the random testing regulations
Are motor carriers transporting HM that are covered under exceptions to the HMRs subject to financial responsibility regulations? FMCSA-INS-387.3-Q007 Applicability of Financial Responsibility Regulations to motor carrier transporting hazardous materials under exceptions to the HMRs
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
If a driver is required repeatedly to respond to satellite or similar communications received during a 10-hour off-duty period (8-hour off-duty period for passenger transportation), does this activity affect a driver’s duty status? FMCSA-HOS-395.2-Q31 Hours of Service Definitions