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 |
|---|---|---|---|
| Can an employer or medical review officer (MRO) enter a drug and alcohol program violation in a CDL driver’s Clearinghouse record if the driver is not registered for the Clearinghouse? | FMCSA-D&A-CLEAR-382.705-FAQ014 | Guidance on reporting a violation for a driver who is not registered in the Clearinghouse | |
| Does an owner-operator have to conduct queries on himself/herself? | FMCSA-D&A-CLEAR-382.701-FAQ005 | Guidance on Owner Operator Self Queries | |
| Are Canadian and Mexican CDL drivers conducting operations in the United States subject to the Clearinghouse requirements? | FMCSA-D&A-CLEAR-382.103-FAQ001 | Guidance on Clearinghouse applicability to Canadian and Mexican Drivers and Carriers | |
| Will any information from the Clearinghouse appear in the National Highway Traffic Safety Administration’s National Driver Register? | FMCSA-D&A-CLEAR-382-FAQ026 | Guidance regarding the National Highway Traffic Safety Administration’s National Driver Register | |
| How long will CDL driver violation records be available for release to employers from the Clearinghouse? | FMCSA-D&A-CLEAR-382.719-FAQ001 | Guidance on how long CDL driver violation records will be available for release to employers from the Clearinghouse | |
| Can Canadian and Mexican medical review officers (MROs) report verified positive test results and refusals to test to the Clearinghouse? | FMCSA-D&A-CLEAR-40.121-FAQ001 | Guidance on Canadian and Mexican MRO Reporting to the Clearinghouse | |
| May employers report the results of drug or alcohol tests not required by the Department of Transportation (DOT) to the Clearinghouse? | FMCSA-D&A-CLEAR-382-FAQ027 | Guidance clarifying that non-DOT rest results may not be reported to the Clearinghouse | |
| Does the final rule change any of the existing drug and alcohol program requirements in Part 40? | FMCSA-D&A-CLEAR-382-FAQ028 | Guidance clarifying that there is no change to the existing Part 40 drug and alcohol program requirements | |
| What identifying number should be documented for drivers in the Clearinghouse? | FMCSA-D&A-CLEAR-382.705-FAQ005 | Guidance for using a driver’s CDL number and state of issuance in the Clearinghouse | |
| How do owner-operators meet their Clearinghouse obligations? | FMCSA-D&A-CLEAR-382.705-FAQ010 | Guidance on how owner-operators meet their Clearinghouse obligations |