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and OMB Memorandum M-20-02 any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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

Subject Agency Identifier Topic Issued Date
If a vehicle’s GVWR plate and/or VIN number are missing but its actual gross weight is 10,001 pounds or more, may an enforcement officer use the latter instead of GVWR to determine the applicability of the FMCSRs? FMCSA-RG-390.5T-Q003 Use of actual GVW when GVWR and/or VIN plate missing
Question 1: Is §392.10(a)(4) applicable to drivers operating cargo tank vehicles that were used to transport hazardous materials for which placarding or marking was required, but are no longer required because the cargo tank has been emptied, or the quant FMCSA-DRV-392.10-Q001 Railroad crossings
When can a movement of a CMV during an off-duty period be considered personal conveyance? FMCSA-HOS-PC-395.8-FAQ12 Personal Conveyance guidance
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
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.
Part 387 Section § 387.39: Forms. FMCSA-INS-387.39-Q001 Aggregation of insurance to meet financial responsibility requirements
(FMCSA-D&A-CLEAR-382.711-FAQ004) FMCSA-D&A-CLEAR-382.711-FAQ004 Guidance on Staffing Agency registration in the Clearinghouse
Which drivers are to be included in a alcohol and controlled substances testing program under the Federal Motor Carrier Safety Administration’s (FMCSA) rule? FMCSA-D&A-382.103-Q07 Applicability of drug and alcohol testing requirements to drivers operating CMVs in commerce
Should a medical review officer (MRO) report a negative-dilute test result in the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ015 Guidance Clarifying that a negative-dilute RTD result should be reported as “negative”
Part 380 – Entry level Driver Training Guidance Q&A (Q026) FMCSA-ELDT-380-Q026 Commercial Driver License; Entry level Driver Training