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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 1: Is §392.10(a)(4) applicable to drivers operating cargo tank vehicles that were used to transport hazardous materials for which placarding or marking was required, but are no longer required because the cargo tank has been emptied, or the quant FMCSA-DRV-392.10-Q001 Railroad crossings
If a driver was grandfathered from the skills test when he or she obtained a CDL, may an employer forego the administration of a road test as required by §391.31? FMCSA-DQ-391.33-Q001 Road test equivalent
Would a driver delivering an empty commercial motor vehicle designed or used to carry passengers, from the manufacturer or distributor to a dealer be required to comply with the hours-of-service regulations for passenger-carrying drivers? FMCSA-HOS-395.5-Q01 Hours of Service Maximum Driving Time
Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 11 hours driving and found the rest area full, forcing the driver to continue past the 11 hours driving looking FMCSA-HOS-395.1-FAQ28 Hours of Service Exceptions
Does § 390.23 create an exemption from the FMCSRs each and every time the delivery of electricity is interrupted, no matter how isolated or minor the occurrence? FMCSA-RG.390.23-Q001 Applicability of emergency exception to electrical outages
Actual Knowledge – traffic citation: Would a document, other than a traffic citation, charging an employee-driver with operating a CMV while under the influence of drugs or alcohol provide a sufficient basis for the employer’s actual knowledge, as defined FMCSA-D&A-382.107-FAQ002 Guidance on what charging documents provide a sufficient basis for the employer’s actual knowledge.
Is the operation of motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), in interstate commerce, by private firefighting companies transporting their employees subject to the FMCSRs? FMCSA-RG-390.3T-FAQ028 Applicability of FMCSRs to private firefighting companies transporting their own employees in 9-15 passenger CMVs
If a motor carriers sends a potential interstate driver to a medical examiner to have both a pre-employment medical examination and a pre-employment controlled substances test performed, how must the medical examiner conduct the medical examination ... FMCSA-MED-391.43-Q7 Drug Testing and Driver Physical Qualification Examination
Section § 382.103: Applicability FMCSA-D&A-382.103-Q002 Applicability of part 382 to driver training schools and student drivers
(FMCSA-D&A-CLEAR-382.711-FAQ004) FMCSA-D&A-CLEAR-382.711-FAQ004 Guidance on Staffing Agency registration in the Clearinghouse