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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
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 a truck driver use the adverse driving conditions exception if he/she has accumulated driving time and on-duty (not driving) time, that would put the driver over 14 hours or over 70 hours in 8 consecutive days? FMCSA-HOS-395.1-Q03 Hours of Service Exceptions
Can the SAP direct that an employee be tested for both alcohol and drugs for the return-to-duty test and during the follow-up testing program? FMCSA-D&A-382.605-Q12 Drug & Alcohol Testing – Return-to-Duty and Follow-up Testing for Both Drugs and Alcohol
What constitutes a “serious pattern” of violations? FMCSA-RG-390-SPECIALTOPICS-Q01 What is a “serious pattern” of violations?
May employers allow unions or the National Labor Relations Board to view or have access to test records required to be prepared and maintained by parts 40 and/or 382, such as the list(s) of all employees actually tested? FMCSA-D&A-382.405-Q03 Drug & Alcohol Testing Records - Access
May a sleeper berth be used for a period of less than 2 hours’ duration? FMCSA-HOS-395.2-Q07 Hours of Service Definitions
Are there established criteria in the FMCSRs to determine the minimum sound level of horns on CMVs? FMCSA-VEH-393.81-Q02 Do FMCSRs specify minimum sound levels for horns?
Are cross members of CMVs considered part of the frame? FMCSA-VEH-393.201-Q01 Are cross members part of the CMV frame?
Driver vehicle inspection report FMCSA-VM-396.11-Q010 Driver vehicle inspection report
When the driver’s duty status changes, do §§395.8(c) or 395.8(h)(5) require a description of on-duty not driving activities in the remarks section in addition to the name of the nearest city, town or village followed by the State abbreviation? FMCSA-HOS-395.8-Q23 Requirements for on-duty not driving descriptions