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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
What constitutes a “serious pattern” of violations? FMCSA-RG-390-SPECIALTOPICS-Q01 What is a “serious pattern” of violations?
Are notifications to a motor carrier by a driver convicted of a driver violation as required by §383.31 to be maintained in the driver’s qualification file as part of the supporting documentation or certifications noted in the requirements listed in §391 FMCSA-DQ-391.27-Q001-RESCINDED Record of violations
Question 1: Is a vehicle’s cargo compartment considered sealed according to the terms of §392.9(b)(4) when it is secured with a padlock, to which the driver holds a key? FMCSA-DRV-392.9-Q001 Inspection of cargo and cargo securement
May a motor carrier that employs owner-operators who have their own operating authority issued by the ICC or the Surface Transportation Board transfer the responsibility for compliance with the FMCSRs to the owner-operators? FMCSA-RG-390.5T-Q017 Carrier responsibility for owner-operator compliance with FMCSRs
The driver’s medical exam is part of the Mexican Licencia Federal. If a roadside inspection reveals that a Mexico-based driver has not had the medical portion of the Licencia Federal re-validated, is the driver considered to be without a valid medical cer FMCSA-MED-391.43-Q6 Medical Examinations and the Mexican Licencia Federal
Must a notice be given before each test or will a general notice given to drivers suffice? FMCSA-D&A-382.113-Q01 Driver notification that testing is being administered under part 382
A commercial motor vehicle operator is involved in an accident in which an individual is injured but does not die from the injuries until a later date. The commercial motor vehicle driver does not receive a citation under State or local law for a moving t FMCSA-D&A-382.303-Q03 Guidance on whether an employer is required to conduct a post-accident test for accidents in which the fatality occurs outside of the 8 and 32 hour time limits
How may a driver utilize the adverse driving conditions exception or the emergency conditions exception as found in §395.1(b), to preclude an hours of service violation? FMCSA-HOS-395.1-Q05 Hours of Service Exemptions
Is it permissible to combine the drivers from the subsidiaries of a parent employer into one pool, with the parent employer acting as a consortium? FMCSA-D&A-382.305-Q13 Guidance on combining the drivers from the subsidiaries of a parent employer into one random pool
Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances and/or 0.04 alcohol concentration test result within the previous two years. FMCSA-D&A-382.413-Q02 Drug & Alcohol Testing – Positive Test Result Information from Previous Employer