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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
Guidance on whether an employee who holds a CDL and may drive occasionally must be in a random testing pool FMCSA-D&A-382.305-Q02 Guidance on whether an employee who holds a CDL and may drive occasionally must be in a random testing pool
What is meant by the terms "use alcohol" or "alcohol use"? Is observation of use sufficient or is an alcohol test result required? FMCSA-D&A-382.205-Q01 On-duty alcohol use
Must a physician specifically advise that substances in a prescription will not adversely affect the driver’s ability to safely operate a Commercial Motor Vehicle (CMV) or may a pharmacist’s advice or precautions printed on a container suffice for the adv FMCSA-D&A-382.213-Q01 Guidance regarding a physician’s advice that the substances in a prescription will not adversely affect the driver’s ability to safely operate a CMV
How should a random testing program be structured to account for the schedules of school bus or other drivers employed on a seasonal basis? FMCSA-D&A-382.305-Q03 How to structure random testing program to account for the schedules of school bus or other drivers employed who work on a seasonal basis
What is meant by the phrase, "an employer who uses, but does not employ, a driver * * * "? Describe a situation to which the phrase would apply. FMCSA-D&A-382.301-Q01 Applicability of Section § 382.301
Are driver positions that are vacant for a testing cycle to be included in the determination of how many random tests must be conducted? FMCSA-D&A-382.305-Q04 Guidance on impact of vacant driver positions on the random pool
Must school bus drivers be pre-employment tested after they return to work after summer vacation in each year in which they do not drive for 30 consecutive days? FMCSA-D&A-382.301-Q02 Pre-employment testing requirement for school bus drivers after they return to work after summer vacation
Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated? FMCSA-D&A-382.301-Q03 Guidance on whether a preemployment test is required when a driver returns to a previous employer after his/her employment had been terminated
May an employer use the results of another program in which a driver participates to satisfy random testing requirements if the driver is used by the employer only occasionally? FMCSA-D&A-382.305-Q05 Using another’s program to satisfy random testing requirements
Must all drivers who do not work for an extended period of time (such as layoffs over the winter or summer months) be pre-employment drug tested each season when they return to work? FMCSA-D&A-382.301-Q04 Pre-employment testing requirement for drivers who do not work for an extended period of time