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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
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
(FMCSA-D&A-CLEAR-382.711-FAQ004) FMCSA-D&A-CLEAR-382.711-FAQ004 Guidance on Staffing Agency registration in the Clearinghouse
Which drivers are to be included in a alcohol and controlled substances testing program under the Federal Motor Carrier Safety Administration’s (FMCSA) rule? FMCSA-D&A-382.103-Q07 Applicability of drug and alcohol testing requirements to drivers operating CMVs in commerce
Should a medical review officer (MRO) report a negative-dilute test result in the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ015 Guidance Clarifying that a negative-dilute RTD result should be reported as “negative”
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