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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
If an interstate driver gets stopped by a State enforcement officer for an inspection, would the inspecting officer be enforcing the Federal regulations or State regulations? FMCSA-RG-390.9-Q001 Regulations enforced by State officers
Does off-road motorized construction equipment meet the definitions of "motor vehicle" and "commercial motor vehicle" as used in §§ 383.5 and 390.5T? FMCSA-RG-390.5T-Q007 Applicability of FMCSRs to off-road motorized construction equipment
Must a motor carrier that employs an intermittent, casual, or occasional driver to operate a CMV, as defined in §383.5, (1) require the driver to prepare and submit an employment application in accordance with §391.21 and (2) conduct the background invest FMCSA-DQ-391.63-Q003 Multiple-employer drivers
May the medical examiner restrict a driver’s duties? FMCSA-MED-391.41-Q4 Driver Physical Qualification Standards
A driver does not have a photo identification card. Must an employer representative identify the driver in the presence of the Breath Alcohol Technician (BAT)/urine specimen collector or may the employer representative identify the driver via a telephone FMCSA-D&A-382.105-Q02 Applicability of Section 382.105
A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she tested positive. The driver applies for work wi FMCSA-D&A-382.301-Q07 Guidance on whether a single a single test will suffice to meet the requirements of §382.301 and §382.309 testing
How many statute miles are equivalent to 100-air-miles? FMCSA-HOS-395.1-Q12 Hours of Service Exceptions
Must additional lamps that are not required be operative if all required lamps are operative? FMCSA-VEH-393.24-Q01 Operation of additional lamps
May employers who are subject to other Federal agencies’ regulations, such as the Nuclear Regulatory Commission, Department of Energy, Department of Defense, etc., allow those agencies to view or have access to test records required to be prepared and mai FMCSA-D&A-382.405-Q01 Drug & Alcohol Testing Records - Access
Which edition of FMVSS No. 217 is required to be used in determining the emergency exit space requirements when retrofitting buses? FMCSA-VEH-393.62-Q04 Emergency exits for buses