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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
What must an employer do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)? FMCSA-D&A-382.301-Q05 What an employer must do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)
May a Commercial Driver's License (CDL) driving skills test examiner conduct a driving skills test administered in accordance with 49 CFR part 383 before a person subject to part 382 is tested for alcohol and controlled substances? FMCSA-D&A-382.301-Q06 Guidance on whether a CDL driving skills test examiner may administer a driving skills test to a person subject to part 382 without first testing him/her for alcohol and controlled substances
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
Once an employee is randomly tested during a calendar year, is his/her name removed from the pool of names for the calendar year? FMCSA-D&A-382.305-Q06 Guidance that the names of drivers tested earlier in the year must be returned to the pool for each new selection
Question 1: What is the fine or penalty for employers who refuse or fail to provide Part 382 testing information to a subsequent employer? FMCSA-D&A-382.507-Q01 Drug & Alcohol Testing – Failure to Comply with Request for Testing Information
Why does the Federal Motor Carrier Safety Administration (FMCSA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FMCSA does not allow a Federal, State or local law enforc FMCSA-D&A-382.303-Q01 Post accident testing conducted by Federal, State or local law enforcement agencies
May an employer allow a driver, subject to post-accident controlled substances testing, to continue to drive pending receipt of the results of the controlled substances test? FMCSA-D&A-382.303-Q02 Guidance on whether an employer may allow a driver to drive pending the post-accident substances testing results
Is it permissible to make random selections by terminals? FMCSA-D&A-382.305-Q07 Guidance on making random selection be terminals
Question 1: If a driver refuses to sign a statement certifying that he or she has received a copy of the educational materials required in §382.601 from their employer, will the employee be in violation of §382.601? May the driver’s supervisor sign the ce FMCSA-D&A-382.601-Q01 Drug & Alcohol Testing – Certificate of Receipt of Educational Materials from Employee
A commercial motor vehicle operator is involved in an accident in which an individual is injured but does not die from the injuries until a later date. The commercial motor vehicle driver does not receive a citation under State or local law for a moving t FMCSA-D&A-382.303-Q03 Guidance on whether an employer is required to conduct a post-accident test for accidents in which the fatality occurs outside of the 8 and 32 hour time limits