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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 4: Would an alcohol test, performed by an employer pursuant to 49 CFR part 382, with a result greater than 0.00 BAC, but less than 0.02 BAC, establish that a driver was in violation of 49 CFR 392.5(a)(2), having any measured alcohol concentration FMCSA-DRV-392.5-Q004 Alcohol prohibition
Is a person employed by a nonmotor carrier in his normal duties considered an intermittent, casual, or occasional driver when employed by a motor carrier as a driver on apart-time basis? FMCSA-DQ-391.63-Q001 Multiple-employer drivers
Part 390 § 390.23 Relief from regulations Question 3 FMCSA-RG-390.23-Q003 Required off-duty time after providing emergency relief
What does a Breath Alcohol Technician (BAT) do when a test involves an independent, self-employed owner-operator with a confirmed alcohol concentration of 0.02 or greater, to notify a company representative as required by §40.65(i)? FMCSA-D&A-382.105-Q01 Applicability of Section 382.105
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
What hours-of-service regulations apply to drivers operating between the United States and Mexico or between the United States and Canada? FMCSA-HOS-395.1-Q01 Hours of Service
What is the definition of ‘‘body’’ with respect to trucks and trailers? FMCSA-VEH-393.11-Q01
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
How should the time spent when drivers volunteer as firefighters be logged on the record of duty status when the drivers return to work? FMCSA-HOS-395.2-Q27 Hours of Service Definitions
If a truck or truck tractor manufactured prior to July 25, 1980, and having 3 or more axles, has inoperable brakes on the front axle or some of the brake components are missing, would the vehicle be in violation of § 393.48? FMCSA-VEH-393.48-Q02 Is a pre-1980 CMV with inoperable front brakes in violation?