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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
Question 18: In rare circumstances, it is necessary to refer an individual immediately for inpatient substance abuse services. May the SAP provide direct treatment services or refer the individual to services provided by a treatment facility with which he FMCSA-D&A-382.605-Q18 Drug & Alcohol Testing – Conflict of Interest in SAP Referrals
Question 19: What arrangement for SAP services would be acceptable in geographical areas where no qualified SAP is readily available? FMCSA-D&A-382.605-Q19 Drug & Alcohol Testing – SAP In-person Evaluation
Question 20: May an employee who tests positive be retained in a non-driving capacity? FMCSA-D&A-382.605-Q20 Drug & Alcohol Testing – Employees Who Test Positive
Question 21: Are foreign motor carriers required to have an employee assistance program? FMCSA-D&A-382.605-Q21 Drug & Alcohol Testing – Referring Driver to Substance Abuse Professional
Question 13: Can random testing be substituted for required follow-up testing? FMCSA-D&A-382.605-Q13 Drug & Alcohol Testing – Random Testing in Lieu of Follow-up Testing
A consignee, consignor, or other party is a motor carrier employer for purposes of 49 CFR parts 382 through 399. FMCSA-D&A-382.307-Q03 Drug & Alcohol Testing – Reasonable Suspicion
Are the reasonable suspicion testing and training requirements of §§382.307 and 382.603 applicable to an owner-operator who is both an employer and the only employee? FMCSA-D&A-382.307-Q04 Drug & Alcohol Testing – Reasonable Suspicion
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. FMCSA-D&A-382.309-Q01 Drug & Alcohol Testing – Reasonable Suspicion
The Federal Motor Carrier Administration (FMCSA)regulations are written on an annual calendar year basis. Will foreign motor carriers, using this system, work from July 1 to June 30, or is everything to be managed on a six-month basis for the first year a FMCSA-D&A-382.403-Q01 Drug & Alcohol Test Results Reporting
May employers who are subject to other Federal agencies’ regulations, such as the Nuclear Regulatory Commission, Department of Energy, Department of Defense, etc., allow those agencies to view or have access to test records required to be prepared and mai FMCSA-D&A-382.405-Q01 Drug & Alcohol Testing Records - Access