USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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 2: Are motorcoach passengers required to wear seat belts? FMCSA-DRV-392.16-Q002 Use of seat belts
Are notifications to a motor carrier by a driver convicted of a driver violation as required by §383.31 to be maintained in the driver’s qualification file as part of the supporting documentation or certifications noted in the requirements listed in §391 FMCSA-DQ-391.27-Q001-RESCINDED Record of violations
Question 1: What protection is afforded a driver for refusing to violate the Federal Motor Carrier Safety Regulations (FMCSRs)? FMCSA-DRV-392.3-Q001 Ill or fatigued driver
Are employers still required to administer road tests since all States have implemented CDL skills testing? FMCSA-DQ-391.31-Q001 Road test
Question 1: Do possession and use of alcoholic beverages in the passenger area of a motorcoach constitute ‘‘possession’’ of such beverages under §392.5(a)(3)? FMCSA-DRV-392.5-Q001 Alcohol prohibition
May a carrier use a blanket certification of road test for specific vehicles (driver’s names, etc., left out)? FMCSA-DQ-391.31-Q003 Road test
Question 2: Can a motor carrier, which finds a driver with a detectable presence of alcohol, place him/her out of service in accordance with §392.5? FMCSA-DRV-392.5-Q002 Alcohol prohibition
May a motor carrier designate another person or organization to administer the road test? FMCSA-DQ-391.31-Q004 Road test
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
Question 4: Would an alcohol test, performed by an employer pursuant to 49 CFR part 382, with a result greater than 0.00 BAC, but less than 0.02 BAC, establish that a driver was in violation of 49 CFR 392.5(a)(2), having any measured alcohol concentration FMCSA-DRV-392.5-Q004 Alcohol prohibition