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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
Are part 382 alcohol and drug testing requirements applicable to firefighters in a State which gives them the option of obtaining a CDL or a non-commercial class A or B license restricted to operating fire equipment only? FMCSA-D&A-382.103-Q03 Applicability of part 382 to firefighters
An employer or State government agency requires CDLs for drivers of motor vehicles: (1) with a GVWR of 26,000 pounds or less; (2) with a GCWR of 26,000 pounds or less inclusive of a towed unit with a GVWR of 10,000 pounds or less; (3) designed to transpor FMCSA-D&A-382.103-Q04 Applicability of part 382 to CMVs below 26,001 pounds
Are Alaskan drivers with a CDL who operate Commercial Motor Vehicle (CMV)s and have been waived from certain CDL requirements subject to controlled substances and alcohol testing? FMCSA-D&A-382.103-Q05 Applicability of part 382 to Alaskan Drivers
Do the Federal Motor Carrier Safety Administration’s (FMCSA) alcohol and controlled substances testing regulations apply to employers and drivers in U.S. territories or possessions such as Puerto Rico and Guam? FMCSA-D&A-382.103-Q06 Applicability of drug and alcohol testing requirements to employers and drivers domiciled in the U.S. territories or possessions such as Puerto Rico and Guam
Is a foreign resident driver operating between the U.S. and a foreign country from a U.S. terminal for a U.S.-based employer subject to the Federal Motor Carrier Safety Administration’s (FMCSA) alcohol and controlled substances testing regulations? FMCSA-D&A-382.103-Q08 Applicability of drug and alcohol testing requirements to foreign drivers operating for a U.S.-based employer
What alcohol and drug testing provisions apply to foreign drivers employed by foreign motor carriers? FMCSA-D&A-382.103-Q09 Applicability of Section 382.105
§391.15 Disqualification of drivers. FMCSA-DQ-391.15-Q002 Driver disqualification
What does a Breath Alcohol Technician (BAT) do when a test involves an independent, self-employed owner-operator with a confirmed alcohol concentration of 0.02 or greater, to notify a company representative as required by §40.65(i)? FMCSA-D&A-382.105-Q01 Applicability of Section 382.105
Is a driver who is on-duty, but has not been assigned a driving task, considered to be ready to perform a safety-sensitive function as defined in §382.107 subjecting the driver to random alcohol testing? FMCSA-D&A-382.305-Q01 Guidance on whether a driver who is on-duty, but has not been assigned a driving task, is considered to be ready to perform a safety-sensitive function
§391.15 Disqualification of drivers. FMCSA-DQ-391.15-Q003 Driver disqualification