USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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
Are employers required to provide intervention and treatment for drivers who have a substance abuse problem or only refer drivers to be evaluated by an SAP? FMCSA-D&A-382.605-Q2 Guidance on Providing Treatment for Substance Abuse
Question 19: Who is responsible for retaining DVIRs for leased vehicles including those of owner-operators? FMCSA-VM-396.11-Q019 Driver vehicle inspection reports
Is a motor carrier transporting mail under contract for the U.S. Postal Service wholly within the boundaries of a single State subject to the minimum levels of financial responsibility requirements of part 387? FMCSA-INS-387.3-Q006 Applicability of Financial Responsibility Regulations to Single State Mail transport
Must a motor carrier obtain a new Form MCS-90 each year if it retains the same insurance company? FMCSA-INS-387.15-Q004 Need for new MCS-90 if carrier retains insurance company
Question 3: May a driver or other motor carrier employee be qualified as a brake inspector under § 396.25 by way of experience or training to perform brake adjustments without being qualified to perform other brake-related tasks such as the repair or repl FMCSA-VM-396.25-Q03.cm May a driver be qualified to perform brake adjustments, but not other tasks?
A motor carrier dispatches an empty CMV from State A into adjoining State B in order to transport cargo or passengers between two points in State B, and then to return empty to State A. Does the transportation of cargo or passengers within State B constit FMCSA-RG-390.3T-Q013 Interstate commerce involving transportation within a single State
Can a truck tractor drawing a trailer be a driveaway-towaway operation? FMCSA-RG-390.5T-Q023 Trailers in driveaway-towaway operations
Question 4: Would an alcohol test, performed by an employer pursuant to 49 CFR part 382, with a result greater than 0.00 BAC, but less than 0.02 BAC, establish that a driver was in violation of 49 CFR 392.5(a)(2), having any measured alcohol concentration FMCSA-DRV-392.5-Q004 Alcohol prohibition
Is a person employed by a nonmotor carrier in his normal duties considered an intermittent, casual, or occasional driver when employed by a motor carrier as a driver on apart-time basis? FMCSA-DQ-391.63-Q001 Multiple-employer drivers
Part 390 § 390.23 Relief from regulations Question 3 FMCSA-RG-390.23-Q003 Required off-duty time after providing emergency relief