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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
May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test? FMCSA-D&A-382.301-FAQ004 Whether an employer may administer a road test to a prospective driver subject to Part 382 without first conducting a pre-employment test
May an employer notify a driver of his/her selection for a random controlled substances test while the driver is in an off-duty status? FMCSA-D&A-382.305-FAQ011 Notifying a driver of his/her selection for a random test while the driver is in an off-duty status
Is it permissible to select alternates for the purpose of complying with the Random Testing regulations? FMCSA-D&A-382.305-FAQ012 Selecting alternates for the purpose of complying with the random testing regulations
If an employer is subject to random testing for only a partial calendar year, how should the employer determine the number of random tests required during the year to achieve the appropriate testing rate? (Examples: new employers that begin operating midw FMCSA-D&A-382.305-FAQ014 Guidance on how to determine the number of random tests required during the year to achieve the appropriate testing rate for employers who are subject to random testing for only a partial calendar year
If a driver drives in a non-commercial vehicle to take a physical examination, should the duty status be recorded as on-duty not driving, or as off-duty? Would the answer change if the motor carrier directs the driver to go for the examination? FMCSA-HOS-395.2-Q32 Hours of Service Definitions
Is a driver training school required to keep a driver qualification file on each student? FMCSA-DQ-391.51-Q002 Driver qualification files
If a driver has been notified of his/her selection of random drug and/or alcohol testing and the testing cannot be completed because of “unforeseeable obstacles” at the collection site (i.e. collection site closed, collector unavailable when driver shows FMCSA-D&A-382.305-FAQ015 Drug & Alcohol Random Testing
Hours of Service Exceptions FMCSA-HOS-395.1-FAQ33 Hours of Service Exceptions
Do the FMCSRs apply to Indian Tribal Governments? FMCSA-RG-390.3T-Q020 Applicability of FMCSRs to Indian Tribal Governments
Section § 385.415: What operational requirements apply to the transportation of a hazardous material for which a permit is required? FMCSA-HMSP-385.415-Q001 Hazardous Materials Safety Permits