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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 5: Is new equipment required to pass a periodic inspection under § 396.17? FMCSA-VM-396.17-Q05.cm Periodic inspection requirements for new equipment
What is the definition of "Certificate of Registration" in §387.7(b)(3)? FMCSA-INS-387.7-Q002 Definition of “Certificate of Registration” in 49 CFR 387.7(b)(3)
Question 4: Would a mechanic who is employed by a leasing company and only works on CMVs that the leasing company leases to other motor carriers be required to meet the brake inspector certification requirements? FMCSA-VM-396.25-Q04.cm Must a leasing company mechanic meet the brake inspector requirements?
Question 1: May a driver be exempted from wearing seat belts because of a medical condition such as claustrophobia? FMCSA-DRV-392.16-Q001 Use of seat belts
A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce? FMCSA-RG-390.5T-Q005 Extent of “interstate commerce” when applied to personal conveyance
Do the physical qualification requirements of the FMCSRs infringe upon a person’s religious beliefs if such beliefs prohibit being examined by a licensed doctor of medicine or osteopathy? FMCSA-MED-391.41-Q2 Driver Physical Qualification Standards
What must an employer do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)? FMCSA-D&A-382.301-Q05 What an employer must do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)
Question 10: Can an employee receive the follow-up from an SAP who did not conduct the initial SAP evaluation? FMCSA-D&A-382.605-Q10 Drug & Alcohol Testing – Initial and Follow-up SAP Evaluations
May drivers who work split shifts take advantage of the 100-air-mile radius exemption found at §395.1(e)? FMCSA-HOS-395.1-Q19 Hours of Service Exceptions
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 Emergency, Recordkeeping, Direct Assistance, 390.23