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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
Once I have completed my Clearinghouse registration, how can I update the email address associated with my Clearinghouse account? FMCSA-D&A-CLEAR-382-FAQ014 Guidance on updating email address associated with Clearinghouse account
Hours of Service: Frequently Asked Questions- Non-Business Transportation of Personal Property –ELD, CDL FMCSA-HOS-ELDS-NONBUSINESS GUIDANCE-FAQ1 Hours of Service and CDL Guidance –Non-Business Purposes
Under 49 CFR § 382.103(d)(1), the requirements of 49 CFR Part 382 do not apply to employers and their drivers “required to comply with the alcohol and/or controlled substances testing requirements of part 655 (Federal Transit Administration (FTA) alcohol FMCSA-D&A-CLEAR-382.103-FAQ003 Guidance on the applicability of the Clearinghouse requirement to FTA-regulated employers and drivers
Are motor carrier employers operating in Puerto Rico required to query/report to the Clearinghouse if they employ commercial driver’s license (CDL) holders who rely on the CDL to legally operate a commercial motor vehicle (CMV) in Puerto Rico? FMCSA-D&A-CLEAR-382.103-FAQ005 Guidance on the applicability of the Clearinghouse requirements to CDL drivers who operate in Puerto Rico
ELD FAQ 70: Electronic Logging Devices and Hours of Service – Harassment FMCSA-HOS-ELD-395-FAQ70 ELD Guidance
Which users are charged a fee for using the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ034 Guidance on who is charged a fee
For which actions in the Clearinghouse are employers charged a fee? FMCSA-D&A-CLEAR-382-FAQ019 Guidance regarding Clearinghouse fees
For which actions in the Clearinghouse are employers charged a fee? FMCSA-D&A-CLEAR-382-FAQ001 Guidance on which actions in the Clearinghouse employers are charged a fee
What is the consent process for full and limited queries? FMCSA-D&A-CLEAR-382.703-FAQ001 Guidance on Clearinghouse consent requirements