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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
How should an employer compute the number of random tests to be given to ensure that the appropriate testing rate is achieved given the fluctuations in driver populations and the high turnover rate of drivers? FMCSA-D&A-382.305-Q14 Guidance on how to account for fluctuations in driver population when computing the number of random tests to be given
Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the information on behalf of an entity such as a motor carrier) to release driver information that is FMCSA-D&A-382.405-Q02 Drug & Alcohol Testing Records - Access
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 an employer or consortium include non-U.S. Department of Transportation (DOT)-covered employees in a random pool with U.S. Department of Transportation (DOT)-covered employees? FMCSA-D&A-382.305-Q15 Employers placing non-DOT -covered employees in a random pool
May an employer (motor carrier) disclose information required to be maintained under 49 CFR part 382 (pertaining to a driver) to the driver or the decision maker in a lawsuit, grievance, or other proceeding (including, but not limited to, worker’s compens FMCSA-D&A-382.405-Q004 Drug & Alcohol Testing Records - Access
Guidance on how a Canadian motor carrier can comply with the testing regulations when adding cross border work to an intra-Canadian driver’s duties FMCSA-D&A-382.305-Q16 Guidance on how a Canadian motor carrier can comply with the testing regulations when adding cross border work to an intra-Canadian driver’s duties
What is meant by the term "as required by law" in relation to State or local laws for disclosure of public records relating to a driver’s testing information and test results? FMCSA-D&A-382.405-Q05 Drug & Alcohol Testing Records - Access
What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written consent? FMCSA-D&A-382.413-Q01 Drug & Alcohol Testing Records – Previous Employers
Within 14 days of first using a driver to perform safety-sensitive functions, an employer discovers that a driver had a positive controlled substances and/or 0.04 alcohol concentration test result within the previous two years. FMCSA-D&A-382.413-Q02 Drug & Alcohol Testing – Positive Test Result Information from Previous Employer
Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the information on behalf of an entity such as a motor carrier) to release driver information that is FMCSA-D&A-382.413-Q04 Drug & Alcohol Testing – Third-Party Administrator’s Request for Testing Information from Previous Employer