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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
Section 390.23 provides that parts 390 through 399 do not apply to any motor carrier or driver operating a CMV to provide direct assistance in an emergency. Is a motor carrier or driver required to keep a record of the driver’s on-duty or driving time whi FMCSA-RG-390.23-Q002 Driver recordkeeping while providing assistance in an emergency
May a urine sample collected for purposes of performing a controlled substances and alcohol test be used to test for diabetes as part of a driver’s FMCSA-required physical examination? FMCSA-MED-391.43-Q2 Driver Physical Qualification Examination
Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-counter medication? FMCSA-D&A-382.105-Q04 Applicability of Section 382.105
Question 1: If a driver refuses to sign a statement certifying that he or she has received a copy of the educational materials required in §382.601 from their employer, will the employee be in violation of §382.601? May the driver’s supervisor sign the ce FMCSA-D&A-382.601-Q01 Drug & Alcohol Testing – Certificate of Receipt of Educational Materials from Employee
What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written consent? FMCSA-D&A-382.413-Q01 Drug & Alcohol Testing Records – Previous Employers
What is the duty status of a co-driver who is riding seated next to the truck driver? FMCSA-HOS-395.2-Q13 Hours of Service Definitions
May windshields and side windows be tinted? FMCSA-VEH-393.60-Q01 Tinting of windshields and side windows
Regulatory Guidance for the Federal Motor Carrier Safety Regulations, 62 Fed. Reg. 16370 FMCSA-FR-62FR16370.1997.04.04 Federal Motor Carrier Safety Regulations
If a motor carrier operates under the 70-hour/8-day rule, does any aspect of the 60-hour rule apply to its operations? FMCSA-HOS-395.3-Q06 Hours of Service Maximum Driving Time
Question 1: If a DVIR does not indicate that certain defects have been repaired, and the motor carrier has not certified in writing that such repairs were considered unnecessary, may the driver refuse to operate the motor vehicle? FMCSA-VM-396.13-Q1.cm Prohibition to operate vehicle without certification of repairs