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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
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
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
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
Is transportation within the boundaries of a State between a place in an Indian Reservation and a place outside such reservation interstate commerce? FMCSA-RG-390.3T-Q023 Whether boundary of an Indian reservation is equivalent to a State boundary
Are intrastate drivers of Commercial Motor Vehicle (CMV)s, who are required to obtain CDLs, required to be alcohol and drug tested by their employer? FMCSA-D&A-382.103-Q01 Applicability of part 382 to intrastate drivers
Are part 382 alcohol and drug testing requirements applicable to firefighters in a State which gives them the option of obtaining a CDL or a non-commercial class A or B license restricted to operating fire equipment only? FMCSA-D&A-382.103-Q03 Applicability of part 382 to firefighters
An employer or State government agency requires CDLs for drivers of motor vehicles: (1) with a GVWR of 26,000 pounds or less; (2) with a GCWR of 26,000 pounds or less inclusive of a towed unit with a GVWR of 10,000 pounds or less; (3) designed to transpor FMCSA-D&A-382.103-Q04 Applicability of part 382 to CMVs below 26,001 pounds
Are Alaskan drivers with a CDL who operate Commercial Motor Vehicle (CMV)s and have been waived from certain CDL requirements subject to controlled substances and alcohol testing? FMCSA-D&A-382.103-Q05 Applicability of part 382 to Alaskan Drivers
Do the Federal Motor Carrier Safety Administration’s (FMCSA) alcohol and controlled substances testing regulations apply to employers and drivers in U.S. territories or possessions such as Puerto Rico and Guam? FMCSA-D&A-382.103-Q06 Applicability of drug and alcohol testing requirements to employers and drivers domiciled in the U.S. territories or possessions such as Puerto Rico and Guam
Is a foreign resident driver operating between the U.S. and a foreign country from a U.S. terminal for a U.S.-based employer subject to the Federal Motor Carrier Safety Administration’s (FMCSA) alcohol and controlled substances testing regulations? FMCSA-D&A-382.103-Q08 Applicability of drug and alcohol testing requirements to foreign drivers operating for a U.S.-based employer