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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
Question 4: If a driver furnished by another motor carrier is in the second carrier’s service for a period of 7 consecutive days or more, may the driver still fall under the exemption in §391.65? FMCSA-DQ-391.65-Q004 Drivers furnished by other motor carriers
Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty? FMCSA-DQ-392.5-Q003 Alcohol prohibition
If a motor carrier maintains complete driver qualification files but cannot produce them at the time of the review or within two business days, is it in violation of §391.51? FMCSA-DQ-391.51-Q004 Driver qualification files
49 CFR 390.3T General applicability Question 19 --Government Entities FMCSA-RG-390.3T-Q019 Parties not included in the governmental exemption
§391.15 Disqualification of drivers. FMCSA-DQ-391.15-Q002 Driver disqualification
Do the FMCSRs require applicants, possessing a current medical certificate, to undergo a new physical examination as a condition of employment? FMCSA-MED-391.45-Q2 Pre-employment Driver Physical Qualification Examination
Are driver positions that are vacant for a testing cycle to be included in the determination of how many random tests must be conducted? FMCSA-D&A-382.305-Q04 Guidance on impact of vacant driver positions on the random pool
Question 3: Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee? FMCSA-D&A-382.603-Q03 Drug & Alcohol Testing – Reasonable Suspicion Testing and Training Requirements Applicable to Owner-Operators
Occasionally, the driver has leftover materials that must be transported back to a motor carrier facility or service depot. Would such a return trip be covered by §395.1(d)(1)? FMCSA-HOS-395.1-Q10 Hours of Service Exceptions
Can a truck tractor drawing a trailer be a driveaway-towaway operation? FMCSA-RG-390.5T-Q023 Trailers in driveaway-towaway operations