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 a substance abuse professional (SAP) modify or delete return-to-duty (RTD) information he/she has reported? | FMCSA-D&A-CLEAR-382-FAQ031 | Guidance on SAP Information Modification | |
| What actions should an employer take if unable to conduct required pre-employment queries? | FMCSA-D&A-CLEAR-382.701-FAQ007 | Guidance for employers unable to perform a preemployment query due to intermittent Clearinghouse outages on January 6, 2020. | |
| What are the repercussions if an employer does not meet the required timeframe for reporting a violation? | FMCSA-D&A-CLEAR-382.705-FAQ004 | Guidance on Repercussions of an Employer Not Meeting the Required Timeframe for Reporting a Violation to the Clearinghouse | |
| Is an employer required to conduct pre-employment and annual Clearinghouse queries for drivers who are in a random testing pool regulated by another DOT agency? | FMCSA-D&A-CLEAR-382.701-FAQ006 | Guidance on whether an employer is required to conduct pre-employment and annual Clearinghouse queries for drivers who are in a random testing pool regulated by another DOT agency. | |
| What is considered actual knowledge of a violation? | FMCSA-D&A-CLEAR-382.705-FAQ002 | Guidance on employer and C/TPA responsibility for reporting actual knowledge violations to the Clearinghouse | |
| How will State Driver Licensing Agencies (SDLAs) use the Clearinghouse? | FMCSA-D&A-CLEAR-382.725-FAQ001-RESCINDED | Guidance on SDLA Use of the Clearinghouse | |
| What records should employers maintain in a driver qualification file to meet the requirements of section § 382.701(e)? | FMCSA-D&A-CLEAR-382.701-FAQ004 | Guidance on Maintaining Employer Records | |
| Is the annual requirement for employee queries based upon the calendar year or by hire date? | FMCSA-D&A-CLEAR-382.701-FAQ001-RESCINDED | Guidance on Clearinghouse Annual Query Date | |
| Should violations that occurred before the Clearinghouse Implementation Date be reported to the Clearinghouse? | FMCSA-D&A-CLEAR-382.705-FAQ013 | Guidance on reporting violations that occurred before the Clearinghouse Implementation Date | |
| May drivers access their own information in the Clearinghouse? | FMCSA-D&A-CLEAR-382.709-FAQ001 | Guidance on driver access to Clearinghouse information |