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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.

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
What is considered actual knowledge of a violation? FMCSA-D&A-CLEAR-382.705-FAQ002 Guidance on employer and C/TPA responsibility for reporting actual knowledge violations to the Clearinghouse
How are substance abuse professionals (SAPs) required to use the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ011 Guidance on SAP Use of the Clearinghouse
Can there be more than one Clearinghouse user per company? FMCSA-D&A-CLEAR-382-FAQ025 Guidance on Multiple User Account
Is the annual requirement for employee queries based upon the calendar year or by hire date? FMCSA-D&A-CLEAR-382.701-FAQ001 Guidance on Clearinghouse Annual Query Date
Is an employer required to conduct pre-employment and annual Clearinghouse queries for drivers who are in a random testing pool regulated by another DOT agency? FMCSA-D&A-CLEAR-382.701-FAQ006 Guidance on whether an employer is required to conduct pre-employment and annual Clearinghouse queries for drivers who are in a random testing pool regulated by another DOT agency.
If a driver violated the drug and alcohol program prior to January 6, 2020, but the employer did not obtain actual knowledge (as defined in § 382.107) of the violation until January 6, 2020 or later, is the employer required to report the violation to the FMCSA-D&A-CLEAR-382-FAQ009 Guidance on reporting actual knowledge violations to the Clearinghouse before January 6, 2020
What is the timeframe in which an employer must submit a report of an employee’s drug and alcohol program violation to the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ017 Guidance on Employer Violation Reporting Timeframe
Should violations that occurred before the Clearinghouse Implementation Date be reported to the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ013 Guidance on reporting violations that occurred before the Clearinghouse Implementation Date
May drivers access their own information in the Clearinghouse? FMCSA-D&A-CLEAR-382.709-FAQ001 Guidance on driver access to Clearinghouse information
How is driver data protected in the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ013 Guidance on Clearinghouse security