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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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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
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
Section § 387.3: Applicability FMCSA-INS-387.3-Q004 Applicability of Financial Responsibility Requirements to Government Entities
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
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 § 387.27: Applicability. FMCSA-INS-387.27-Q006 Applicability of Financial Responsibility regulations to school buses used by the federal government of Mexico
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.