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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
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
§391.15 Disqualification of drivers. FMCSA-DQ-391.15-Q004 Driver disqualification
Will foreign drug testing laboratories need to be certified by the National Institute on Drug Abuse (NIDA)? Will they need to be certified by the Department of Health and Human Services (DHHS)? FMCSA-D&A-382.105-Q03 Applicability of Section § 382.105
Particularly in light of the coverage of Canadian and Mexican employees, how should Medical Review Officers (MRO) deal, in the verification process, with claims of the use of foreign prescriptions or over-the-counter medication? FMCSA-D&A-382.105-Q04 Applicability of Section 382.105
May a reasonable suspicion alcohol test be based upon any information or observations of alcohol use or possession, other than a supervisor’s actual knowledge? FMCSA-D&A-382.307-Q01 Drug & Alcohol Testing - Reasonable Suspicion
Why does §382.307(b) allow an employer to use indicators of chronic and withdrawal effects of controlled substances in the observations to conduct a controlled substances reasonable suspicion test, but does not allow similar effects of alcohol use to be u FMCSA-D&A-382.307-Q02 Drug & Alcohol Testing – Reasonable Suspicion
What is an owner-operator? FMCSA-D&A-382.107-Q01 Definition of owner-operator
Must a notice be given before each test or will a general notice given to drivers suffice? FMCSA-D&A-382.113-Q01 Driver notification that testing is being administered under part 382
§391.15 Disqualification of drivers FMCSA-DQ-391.15-Q006 n/a
In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer’s drivers determined for purposes of the implementation date of controlled substances and alcohol testing? FMCSA-D&A-382.115-Q01 Implementation of drug and alcohol testing program for governmental units that employ CDL drivers