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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
The definition of a passenger CMV is a vehicle ‘‘designed to transport’’ more than 15 passengers, including the driver. Does that include standing passengers if the vehicle was specifically designed to accommodate standees? FMCSA-RG-390.5T-Q025 Does passenger capacity include standing passenger
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
How does §391.63 apply when motor carriers obtain, from a driver leasing service, intermittent, casual, or occasional drivers who are on temporary assignments to multiple motor carriers? FMCSA-DQ-391.63-Q002 Multiple-employer drivers
Part 390 § 390.3T General applicability Question 21 FMCSA-RG-390.3T-Q021 Extent of exception for transportation of personal property
Is a driver who is on-duty, but has not been assigned a driving task, considered to be ready to perform a safety-sensitive function as defined in §382.107 subjecting the driver to random alcohol testing? FMCSA-D&A-382.305-Q01 Guidance on whether a driver who is on-duty, but has not been assigned a driving task, is considered to be ready to perform a safety-sensitive function
Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated? FMCSA-D&A-382.301-Q03 Guidance on whether a preemployment test is required when a driver returns to a previous employer after his/her employment had been terminated
Question 10: Can an employee receive the follow-up from an SAP who did not conduct the initial SAP evaluation? FMCSA-D&A-382.605-Q10 Drug & Alcohol Testing – Initial and Follow-up SAP Evaluations
May drivers who work split shifts take advantage of the 100-air-mile radius exemption found at §395.1(e)? FMCSA-HOS-395.1-Q19 Hours of Service Exceptions
Section 390.23 provides that parts 390 through 399 do not apply to any motor carrier or driver operating a CMV to provide direct assistance in an emergency. Is a motor carrier or driver required to keep a record of the driver’s on-duty or driving time whi FMCSA-RG-390.23-Q002 Emergency, Recordkeeping, Direct Assistance, 390.23
Do telephone calls to or from the motor carrier that momentarily interrupt a driver’s rest period constitute a change of the driver’s duty status? FMCSA-HOS-395.2-Q05 Hours of Service Definitions