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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.

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and OMB Memorandum M-20-02 any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect. Such materials shall not be cited, used, or relied upon, except to establish historical facts.

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 a driver violated the drug and alcohol program prior to January 6, 2020, but the employer did not obtain actual knowledge (as defined in § 382.107) of the violation until January 6, 2020 or later, is the employer required to report the violation to the FMCSA-D&A-CLEAR-382-FAQ009 Guidance on reporting actual knowledge violations to the Clearinghouse before January 6, 2020
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
Should violations that occurred before the Clearinghouse Implementation Date be reported to the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ013 Guidance on reporting violations that occurred before the Clearinghouse Implementation Date
May drivers access their own information in the Clearinghouse? FMCSA-D&A-CLEAR-382.709-FAQ001 Guidance on driver access to Clearinghouse information
How is driver data protected in the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ013 Guidance on Clearinghouse security
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 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
Are there plans to support an employer interface allowing for automated uploads via a web service, or similar? FMCSA-D&A-CLEAR-382-FAQ033 Guidance on Clearinghouse Webservice interface
How do I manage my company’s Clearinghouse user accounts? FMCSA-D&A-CLEAR-382-FAQ024 Guidance on managing user account