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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.

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
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
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
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
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
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
Part 387 Section § 387.9: Financial responsibility, minimum levels. FMCSA-INS-387.9-Q005 Insurance requirements for a motor carrier operating a tube trailer where the cylinders are manifolded together
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
Part 387 Section § 387.39: Forms. FMCSA-INS-387.39-Q001 Aggregation of insurance to meet financial responsibility requirements
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