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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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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
If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121? FMCSA-D&A-382.121-FAQ002 Employee admission of alcohol and controlled substances use
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
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
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
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 § 387.39: Forms. FMCSA-INS-387.39-Q001 Aggregation of insurance to meet financial responsibility requirements
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
What level of insurance is required for a carrier operating a multi-compartment cargo tank that is transporting a hazardous substance, where each compartment is less than 3,500 water gallon capacity, and the total capacity is greater than 3,500 water gall FMCSA-INS-387.9-Q004 Insurance requirements for multi-compartment cargo tanks