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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, please identify the guidance document in your request and send it to: FMCSAguidance@dot.gov. NOTE: The FMCSAguidance mailbox is not intended to serve as a mailbox for general inquiries. For inquiries that go beyond the limited purpose of the FMCSAguidance mailbox, please call FMCSA's Information Line (800-832-5660) or visit FMCSA's "Contact Us" page to send your inquiry to the appropriate mailbox.

Subject Agency Identifier Topic Issued Date
May motor carriers use third parties to ask driver’s licensing authorities for copies of the driving record of driver-applicants? FMCSA-DQ-391.23-Q002(2022-03-09) Driver investigations and inquiries
If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121? FMCSA-D&A-382.121-FAQ002 Employee admission of alcohol and controlled substances use
What actions should an employer take if unable to conduct required pre-employment queries? FMCSA-D&A-CLEAR-382.701-FAQ007 Guidance for employers unable to perform a preemployment query due to intermittent Clearinghouse outages on January 6, 2020.
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 employers required to query the Clearinghouse or report drug and alcohol program violations for drivers who do not hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP)? FMCSA-D&A-CLEAR-382.103-FAQ004 Guidance regarding Non CDL Holders
May motor carriers use third parties to ask State agencies for copies of the driving record of driver-applicants? FMCSA-DQ-391.23-Q002-RESCINDED Driver investigations and inquiries
When a motor carrier receives a request for driver information from another motor carrier about a former or current driver, is it required to supply the requested information? FMCSA-DQ-391.23-Q001 Driver investigations and inquiries
Must a motor carrier that employs an intermittent, casual, or occasional driver to operate a CMV, as defined in §383.5, (1) require the driver to prepare and submit an employment application in accordance with §391.21 and (2) conduct the background invest FMCSA-DQ-391.63-Q003 Multiple-employer drivers