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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
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
If an employer is subject to random testing for only a partial calendar year, how should the employer determine the number of random tests required during the year to achieve the appropriate testing rate? (Examples: new employers that begin operating midw FMCSA-D&A-382.305-FAQ014 Guidance on how to determine the number of random tests required during the year to achieve the appropriate testing rate for employers who are subject to random testing for only a partial calendar year
If a driver drives in a non-commercial vehicle to take a physical examination, should the duty status be recorded as on-duty not driving, or as off-duty? Would the answer change if the motor carrier directs the driver to go for the examination? FMCSA-HOS-395.2-Q32 Hours of Service Definitions
Part 387 Section § 387.27: Applicability. FMCSA-INS-387.27-Q002 How passenger carrier financial responsibility requirements are determined
Would a driver delivering an empty commercial motor vehicle designed or used to carry passengers, from the manufacturer or distributor to a dealer be required to comply with the hours-of-service regulations for passenger-carrying drivers? FMCSA-HOS-395.5-Q01 Hours of Service Maximum Driving Time
If a motor carriers sends a potential interstate driver to a medical examiner to have both a pre-employment medical examination and a pre-employment controlled substances test performed, how must the medical examiner conduct the medical examination includ FMCSA-MED-391.43-Q7 Drug Testing and Driver Physical Qualification Examination
FAQ 1: Does the definition of “livestock” in § 395.2 include llamas, alpacas, live fish, and crawfish, as added by the 2018 amendment to the Emergency Livestock Feed Assistance Act of 1988? FMCSA-HOS-AG-395.2-FAQ001 Hours of Service Exceptions
A corporation (the parent corporation) owns subsidiary corporations that are for-hire motor carriers, each having their own separate operating authorities. The parent corporation does not operate commercial motor vehicles. However, the parent corporation FMCSA-RG-390.5T-FAQ029 Whether a parent with subsidiary “motor carriers” is a “motor carrier”
Do the FMCSRs apply to Indian Tribal Governments? FMCSA-RG-390.3T-Q020 Applicability of FMCSRs to Indian Tribal Governments
Section § 382.103: Applicability FMCSA-D&A-382.103-Q002 Applicability of part 382 to driver training schools and student drivers