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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 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
Does an owner-operator have to conduct queries on himself/herself? FMCSA-D&A-CLEAR-382.701-FAQ005 Guidance on Owner Operator Self Queries
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
What is the difference between a full and limited query? FMCSA-D&A-CLEAR-382.701-FAQ003 Guidance on the difference between limited and full Clearinghouse queries
Can a driver correct information recorded about him or her in the Clearinghouse? FMCSA-D&A-CLEAR-382.171-FAQ001 Guidance on correcting information in the Clearinghouse
When will an employer be notified of changes to a driver’s Clearinghouse record? FMCSA-D&A-CLEAR-382.701-FAQ002-RESCINDED Guidance on when an employer will be notified of changes to a driver’s Clearinghouse record
Are Canadian and Mexican CDL drivers conducting operations in the United States subject to the Clearinghouse requirements? FMCSA-D&A-CLEAR-382.103-FAQ001 Guidance on Clearinghouse applicability to Canadian and Mexican Drivers and Carriers
How is driver violation and return-to-duty (RTD) information recorded in the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ012 Guidance on Violation and RTD Reporting in the Clearinghouse
Is the Clearinghouse subject to the Privacy Act requirements? FMCSA-D&A-CLEAR-382-FAQ029 Guidance on of Privacy Act applicability to the Clearinghouse
When are drivers subject to the DOT Drug and Alcohol testing requirements? FMCSA-D&A-382.103-FAQ003 Guidance on when a driver is subject to the FMCSA drug and alcohol testing requirements.