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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
May an employer authorize a consortium/third-party administrator (C/TPA) to conduct queries and/or report violations in the Clearinghouse on their behalf? FMCSA-D&A-CLEAR-382-FAQ012 Guidance on the functions a C/TPA may perform on behalf of an employer in Clearinghouse
Is the Federal Motor Carrier Safety Administration (FMCSA) subject to the obligations under the Fair Credit Reporting Act (FCRA) for the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ018 Guidance on the applicability of the Fair Credit Reporting Act [FCRA] to the Clearinghouse
Can Canadian and Mexican medical review officers (MROs) report verified positive test results and refusals to test to the Clearinghouse? FMCSA-D&A-CLEAR-40.121-FAQ001 Guidance on Canadian and Mexican MRO Reporting to the Clearinghouse
Can Canadian and Mexican substance abuse professionals (SAPs) report the date of initial SAP assessment and date the driver is eligible for return-to-duty (RTD) testing? FMCSA-D&A-CLEAR-40.281-FAQ001 Guidance on Canadian and Mexican SAP Reporting to the Clearinghouse
If a medical review officer (MRO) changes a verified positive drug test result per 49 CFR Part 40, when must the MRO submit the change to the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ007 Guidance on when an MRO must report a changed result to the Clearinghouse
How long will CDL driver violation records be available for release to employers from the Clearinghouse? FMCSA-D&A-CLEAR-382.719-FAQ001 Guidance on how long CDL driver violation records will be available for release to employers from the Clearinghouse
Do employers have access to violation information regarding current employees, including violations recorded by a different employer? FMCSA-D&A-CLEAR-382.703-FAQ004 Guidance on Employer Access to DAC Information
What is the Drug and Alcohol Clearinghouse (Clearinghouse) and what information does it contain? FMCSA-D&A-CLEAR-382-FAQ008 Guidance on what is the Drug and Alcohol Clearinghouse
Does the Federal Motor Carrier Safety Administration (FMCSA) provide a sample of a limited consent request? FMCSA-D&A-CLEAR-382.703-FAQ005 Guidance on using Sample General Consent Form Provided by FMCSA
What must employers do when an authorized service agent is no longer conducting business for the employer’s company? FMCSA-D&A-CLEAR-382.711-FAQ002 Guidance on requirement the employer update Clearinghouse registration to reflect service agent changes