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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
FAQ 1: Does the definition of “livestock” in § 395.2 include llamas, alpacas, live fish, and crawfish, as added by the 2018 amendment to the Emergency Livestock Feed Assistance Act of 1988? FMCSA-HOS-AG-395.2-FAQ001 Hours of Service Exceptions
When can a movement of a CMV during an off-duty period be considered personal conveyance? FMCSA-HOS-PC-395.8-FAQ12 Personal Conveyance guidance
Many small school districts are affiliated through service units which are, in essence, a coalition of individual districts. Can these school districts have one common confidant for purposes of receiving results and keeping records? FMCSA-D&A -382.401-Q01 Drug & Alcohol Testing – Record Retention
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 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
Is it permissible to select alternates for the purpose of complying with the Random Testing regulations? FMCSA-D&A-382.305-FAQ012 Selecting alternates for the purpose of complying with the random testing regulations
May an employer notify a driver of his/her selection for a random controlled substances test while the driver is in an off-duty status? FMCSA-D&A-382.305-FAQ011 Notifying a driver of his/her selection for a random test while the driver is in an off-duty status
May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test? FMCSA-D&A-382.301-FAQ004 Whether an employer may administer a road test to a prospective driver subject to Part 382 without first conducting a pre-employment test
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
Are volunteer drivers subject to alcohol and drug testing? FMCSA-D&A-382.103-FAQ007 Applicability of drug and alcohol testing requirements to volunteer drivers