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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and OMB Memorandum M-20-02, any previously issued guidance that does not appear in the Guidance Portal is considered rescinded and of no legal effect.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
What is a "qualifying rest break or sleeper berth period" under the definition of adverse driving conditions? FMCSA-HOS-2020-395-FAQ11 Hours of Service
May a driver choose to use the sleeper berth provision some days and the other provisions of 49 CFR 395.1(g) other days? FMCSA-HOS-2020-395-FAQ09 Hours of Service
Under the sleeper berth provisions, a driver takes 7 hours in the sleeper berth & later takes an off-duty period of 3 hours before arriving at home. When the driver arrives home within the permissible hours, what rest is req’d to reset their "day clock"? FMCSA-HOS-2020-395-FAQ08 Hours of Service
If a driver takes 3 hours off-duty and then 10 consecutive hours in the sleeper berth, will the 3 hours count against the driver's 14-hour "driving window"? FMCSA-HOS-2020-395-FAQ07 Hours of Service
A driver takes 5 consecutive hours off-duty and later takes a 7-hour consecutive break in the sleeper berth. How is this time calculated for HOS compliance? FMCSA-HOS-2020-395-FAQ06 Hours of Service
May a 10-consecutive hour off-duty period be paired with a subsequent qualifying 7+-consecutive hour sleeper berth period? FMCSA-HOS-2020-395-FAQ05 Hours of Service
How are split sleeper berth rest periods used in determining compliance with the 14-hour "driving window" rule? FMCSA-HOS-2020-395-FAQ04 Hours of Service
What if a driver is stopped for a roadside inspection after having taken only one rest period that qualifies for the split sleeper berth provision? FMCSA-HOS-2020-395-FAQ03 Hours of Service
What rest periods qualify for the split sleeper berth provision? FMCSA-HOS-2020-395-FAQ02 Hours of Service
Are there any restrictions on how often the adverse driving conditions exception may be used? FMCSA-2020-395-FAQ12 Hours of Service