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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
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
What constitutes a “serious pattern” of violations? FMCSA-RG-390-SPECIALTOPICS-Q01 What is a “serious pattern” of violations?
May employers allow unions or the National Labor Relations Board to view or have access to test records required to be prepared and maintained by parts 40 and/or 382, such as the list(s) of all employees actually tested? FMCSA-D&A-382.405-Q03 Drug & Alcohol Testing Records - Access
May a sleeper berth be used for a period of less than 2 hours’ duration? FMCSA-HOS-395.2-Q07 Hours of Service Definitions
Are there established criteria in the FMCSRs to determine the minimum sound level of horns on CMVs? FMCSA-VEH-393.81-Q02 Do FMCSRs specify minimum sound levels for horns?