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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
Are notifications to a motor carrier by a driver convicted of a driver violation as required by §383.31 to be maintained in the driver’s qualification file as part of the supporting documentation or certifications noted in the requirements listed in §391 FMCSA-DQ-391.27-Q001-RESCINDED Record of violations
Question 1: Is a vehicle’s cargo compartment considered sealed according to the terms of §392.9(b)(4) when it is secured with a padlock, to which the driver holds a key? FMCSA-DRV-392.9-Q001 Inspection of cargo and cargo securement
May a motor carrier that employs owner-operators who have their own operating authority issued by the ICC or the Surface Transportation Board transfer the responsibility for compliance with the FMCSRs to the owner-operators? FMCSA-RG-390.5T-Q017 Carrier responsibility for owner-operator compliance with FMCSRs
The driver’s medical exam is part of the Mexican Licencia Federal. If a roadside inspection reveals that a Mexico-based driver has not had the medical portion of the Licencia Federal re-validated, is the driver considered to be without a valid medical cer FMCSA-MED-391.43-Q6 Medical Examinations and the Mexican Licencia Federal
Must a notice be given before each test or will a general notice given to drivers suffice? FMCSA-D&A-382.113-Q01 Driver notification that testing is being administered under part 382
When a driver works for two or more employers, in whose random pool must the driver be included? FMCSA-D&A-382.305-Q08 Guidance on including in the random pool drivers who work for two or more employers
May a system such as ‘‘driveline brakes’’ be used as an emergency brake provided it complies with the requirements of § 393.52? FMCSA-VEH-393.40-Q01 “Driveline brake” as emergency brakes
How is the 50 percent driving time in the definition of “driver-salesperson” in §395.2 determined? FMCSA-HOS-395.2-Q17 Hours of Service Definitions
Are unladen converter dollies covered by the exemption in § 393.42(b)(2)? FMCSA-VEH-393.42-Q02 Are unladen converter dollies covered by brake exception for driveaway-towaway operations?
Does § 393.88 restrict the use of closed circuit monitor devices being used as a safety viewing system that would eliminate blind-side motor carrier accidents? FMCSA-VEH-393.88-Q01 Use of closed-circuit TV to monitor blind spots