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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
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
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
How will CDL drivers be notified when information about them is added to the Clearinghouse? FMCSA-D&A-CLEAR-382.707-FAQ001 Guidance on Driver Notification
Will a driver’s follow-up testing plan be available in the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ020 Guidance clarifying that follow testing plans are not available in the Clearinghouse
Can an employer or medical review officer (MRO) enter a drug and alcohol program violation in a CDL driver’s Clearinghouse record if the driver is not registered for the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ014 Guidance on reporting a violation for a driver who is not registered in the Clearinghouse
When must current and prospective employers conduct a query of a CDL driver’s information in the Clearinghouse? FMCSA-D&A-CLEAR-382.701-FAQ008 Guidance on When to Conduct Clearinghouse Queries
Does an owner-operator have to conduct queries on himself/herself? FMCSA-D&A-CLEAR-382.701-FAQ005 Guidance on Owner Operator Self Queries
May employers report the results of drug or alcohol tests not required by the Department of Transportation (DOT) to the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ027 Guidance clarifying that non-DOT rest results may not be reported to the Clearinghouse
Are employers required to query the Clearinghouse or report drug and alcohol program violations for drivers who do not hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP)? FMCSA-D&A-CLEAR-382.103-FAQ004 Guidance regarding Non CDL Holders
Does the final rule change any of the existing drug and alcohol program requirements in Part 40? FMCSA-D&A-CLEAR-382-FAQ028 Guidance clarifying that there is no change to the existing Part 40 drug and alcohol program requirements