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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
Section § 387.3: Applicability FMCSA-INS-387.3-Q004 Applicability of Financial Responsibility Requirements to Government Entities
If a vehicle’s GVWR plate and/or VIN number are missing but its actual gross weight is 10,001 pounds or more, may an enforcement officer use the latter instead of GVWR to determine the applicability of the FMCSRs? FMCSA-RG-390.5T-Q003 Use of actual GVW when GVWR and/or VIN plate missing
Part 387 Section § 387.27: Applicability. FMCSA-INS-387.27-Q006 Applicability of Financial Responsibility regulations to school buses used by the federal government of Mexico
Would a driver delivering an empty commercial motor vehicle designed or used to carry passengers, from the manufacturer or distributor to a dealer be required to comply with the hours-of-service regulations for passenger-carrying drivers? FMCSA-HOS-395.5-Q01 Hours of Service Maximum Driving Time
A person is transported to a hospital from the scene of a commercial motor vehicle traffic accident. FMCSA-RG-390.5T-FAQ027-RESCINDED “Medical treatment” that triggers “accident” classification
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
If (1) a driver has a verified positive test result for controlled substances or an alcohol concentration of 0.04 or greater and (2) the driver subsequently obtains a verified negative result for controlled substances or a test result of less than 0.04 al FMCSA-D&A-382.503-FAQ001 Guidance on whether employer may accept subsequent test results
Does a foreign-based motor carrier’s accident register have to include accidents that occur in Canada or Mexico? FMCSA-RG-390.15-FAQ004 Canadian/Mexican motor carrier accident reports for accidents in Canada/Mexico
Section § 385.415: What operational requirements apply to the transportation of a hazardous material for which a permit is required? FMCSA-HMSP-385.415-Q001 Hazardous Materials Safety Permits
Does the exception in §395.1(k) for “drivers transporting agricultural commodities or farm supplies for agricultural purposes” cover the transportation of poultry or poultry feed? FMCSA-HOS-AG-395.1-FAQ30 Hours of Service Agricultural Commodities