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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
Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 11 hours driving and found the rest area full, forcing the driver to continue past the 11 hours driving looking FMCSA-HOS-395.1-FAQ28 Hours of Service Exceptions
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
If a motor carriers sends a potential interstate driver to a medical examiner to have both a pre-employment medical examination and a pre-employment controlled substances test performed, how must the medical examiner conduct the medical examination ... FMCSA-MED-391.43-Q7 Drug Testing and Driver Physical Qualification Examination
What is the applicability of the FMCSRs to school bus operations performed by Indian Tribal Governments? FMCSA-RG-390.3T-Q012 Applicability of FMCSRs to Indian school bus operations
Section § 382.103: Applicability FMCSA-D&A-382.103-Q002 Applicability of part 382 to driver training schools and student drivers
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
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 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
Must a motor carrier that uses a 100-air-mile radius driver write zero (0) hours on the time record for each day the driver is off duty (not working for the motor carrier)? FMCSA-HOS-395.1-FAQ29 Hours of Service
If an employer is subject to random testing for only a partial calendar year, how should the employer determine the number of random tests required during the year to achieve the appropriate testing rate? (Examples: new employers that begin operating midw FMCSA-D&A-382.305-FAQ014 Guidance on how to determine the number of random tests required during the year to achieve the appropriate testing rate for employers who are subject to random testing for only a partial calendar year