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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
A person involved in an incident discovers that he or she is injured after leaving the scene of the incident and receives medical attention at that time. Does the incident meet the definition of accident in 49 CFR 390.5T? FMCSA-RG-390.5T-Q020 Injury discovered after leaving scene of accident
What alcohol and drug testing provisions apply to foreign drivers employed by foreign motor carriers? FMCSA-D&A-382.103-Q09 Applicability of Section 382.105
Question 2: May an employer accept proof of supervisory training for a supervisor from another employer? FMCSA-D&A-382.603-Q02 Drug & Alcohol Testing – Proof of Supervisory Training
Is a motor vehicle drawing a non-self-propelled mobile home that has one or more set of wheels on the roadway, a driveaway-towaway operation? FMCSA-RG-390.5T-Q022 Mobile homes in driveaway-towaway operations
Question 18: In rare circumstances, it is necessary to refer an individual immediately for inpatient substance abuse services. May the SAP provide direct treatment services or refer the individual to services provided by a treatment facility with which he FMCSA-D&A-382.605-Q18 Drug & Alcohol Testing – Conflict of Interest in SAP Referrals
If a driver is transported by automobile from the point of a breakdown to a terminal, and then dispatched on another run, how is the time spent in the automobile entered on the record of duty status? FMCSA-HOS-395.2-Q24 Hours of Service Definitions
Is there a minimum number of fasteners required to fasten the upper fifth wheel plate to the frame of a trailer? FMCSA-VEH-393.70-Q01 Securing upper fifth wheel plate to trailer frame
Are the requirements of § 393.100 the only cargo securement requirements motor carriers must comply with? FMCSA-VEH-393.100-Q01 What cargo securement requirements must carriers meet?
Are employers required to provide intervention and treatment for drivers who have a substance abuse problem or only refer drivers to be evaluated by an SAP? FMCSA-D&A-382.605-Q2 Guidance on Providing Treatment for Substance Abuse
Question 19: Who is responsible for retaining DVIRs for leased vehicles including those of owner-operators? FMCSA-VM-396.11-Q019 Driver vehicle inspection reports