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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
Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty? FMCSA-DQ-392.5-Q003 Alcohol prohibition
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
Part 390 § 390.3T General applicability Question 21 FMCSA-RG-390.3T-Q021 Extent of exception for transportation of personal property
Is a driver who is on-duty, but has not been assigned a driving task, considered to be ready to perform a safety-sensitive function as defined in §382.107 subjecting the driver to random alcohol testing? FMCSA-D&A-382.305-Q01 Guidance on whether a driver who is on-duty, but has not been assigned a driving task, is considered to be ready to perform a safety-sensitive function
Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated? FMCSA-D&A-382.301-Q03 Guidance on whether a preemployment test is required when a driver returns to a previous employer after his/her employment had been terminated
Must the driver’s name and each date worked appear on the time record prepared to comply with §395.1(e), 100-air-mile radius driver? FMCSA-HOS-395.1-Q18 Hours of Service Exceptions
A consignee, consignor, or other party is a motor carrier employer for purposes of 49 CFR parts 382 through 399. FMCSA-D&A-382.307-Q03 Drug & Alcohol Testing – Reasonable Suspicion
If a CMV has a defective tire, may the driver remove the defective tire from the axle and drive with three tires on an axle instead of four? FMCSA-VEH-393.75-Q01 Removal of defective tire from set of dual tires
May time spent in resting or sleeping in motor homes being delivered be recorded as off-duty time? FMCSA-HOS-395.3-Q09 Hours of Service Maximum Driving Time
Question 14: Is it acceptable for the proof of periodic inspection to be written in Spanish? FMCSA-VM-396.17-Q14.cm May proof of periodic inspection be written in Spanish?