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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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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
Part 380 – Entry level Driver Training Guidance Q&A (Q026) FMCSA-ELDT-380-Q026 Commercial Driver License; Entry level Driver Training
Can a substance abuse professional (SAP) modify or delete return-to-duty (RTD) information he/she has reported? FMCSA-D&A-CLEAR-382-FAQ031 Guidance on SAP Information Modification
How can I track the progress of my bulk queries? FMCSA-D&A-CLEAR-382-FAQ007 Guidance on Bulk Query Tracking
Can an employer, consortium/third-party administrator (C/TPA), or medical review officer (MRO) modify or delete violation information they have reported? FMCSA-D&A-CLEAR-382.705-FAQ006 Clearinghouse FAQ
How does an employer or consortium/third-party administrator (C/TPA) submit a bulk query? FMCSA-D&A-CLEAR-382-FAQ022 Guidance on How to submit bulk query
What actions should an employer take if unable to conduct required pre-employment queries? FMCSA-D&A-CLEAR-382.701-FAQ007 Guidance for employers unable to perform a preemployment query due to intermittent Clearinghouse outages on January 6, 2020.
Can I initiate queries for a large number of drivers without having to enter them into the system one at a time? FMCSA-D&A-CLEAR-382-FAQ005 Guidance on how to enter a bulk query in the Clearinghouse
What are the repercussions if an employer does not meet the required timeframe for reporting a violation? FMCSA-D&A-CLEAR-382.705-FAQ004 Guidance on percussions an employer may for not meeting the required timeframe for reporting a violation to the Clearinghouse
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
What records should employers maintain in a driver qualification file to meet the requirements of section § 382.701(e)? FMCSA-D&A-CLEAR-382.701-FAQ004 Guidance on Maintaining Employer Records