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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
Why does §382.307(b) allow an employer to use indicators of chronic and withdrawal effects of controlled substances in the observations to conduct a controlled substances reasonable suspicion test, but does not allow similar effects of alcohol use to be u FMCSA-D&A-382.307-Q02 Drug & Alcohol Testing – Reasonable Suspicion
What is an owner-operator? FMCSA-D&A-382.107-Q01 Definition of owner-operator
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
§391.15 Disqualification of drivers FMCSA-DQ-391.15-Q006 n/a
In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer’s drivers determined for purposes of the implementation date of controlled substances and alcohol testing? FMCSA-D&A-382.115-Q01 Implementation of drug and alcohol testing program for governmental units that employ CDL drivers
Guidance on whether an employee who holds a CDL and may drive occasionally must be in a random testing pool FMCSA-D&A-382.305-Q02 Guidance on whether an employee who holds a CDL and may drive occasionally must be in a random testing pool
What is meant by the terms "use alcohol" or "alcohol use"? Is observation of use sufficient or is an alcohol test result required? FMCSA-D&A-382.205-Q01 On-duty alcohol use
Must a physician specifically advise that substances in a prescription will not adversely affect the driver’s ability to safely operate a Commercial Motor Vehicle (CMV) or may a pharmacist’s advice or precautions printed on a container suffice for the adv FMCSA-D&A-382.213-Q01 Guidance regarding a physician’s advice that the substances in a prescription will not adversely affect the driver’s ability to safely operate a CMV
How should a random testing program be structured to account for the schedules of school bus or other drivers employed on a seasonal basis? FMCSA-D&A-382.305-Q03 How to structure random testing program to account for the schedules of school bus or other drivers employed who work on a seasonal basis
What is meant by the phrase, "an employer who uses, but does not employ, a driver * * * "? Describe a situation to which the phrase would apply. FMCSA-D&A-382.301-Q01 Applicability of Section § 382.301