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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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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
Is a vehicle used to transport or tow an anhydrous ammonia nurse tank considered a CMV and subject to FMCSRs? FMCSA-RG-390.5T-Q002 Applicability of FMCSRs to vehicles towing nurse tanks
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
(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”
If I registered as an employer without a Portal account, can I now link my Portal account with my Clearinghouse account? FMCSA-D&A-CLEAR-382-FAQ023 Guidance on Linking Portal Account to Clearinghouse Account
How are bulk queries processed? FMCSA-D&A-CLEAR-382-FAQ006 Guidance on Bulk Query Processing