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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
Is the annual requirement for employee queries based upon the calendar year or by hire date? FMCSA-D&A-CLEAR-382.701-FAQ001-RESCINDED Guidance on Clearinghouse Annual Query Date
Is an employer required to conduct pre-employment and annual Clearinghouse queries for drivers who are in a random testing pool regulated by another DOT agency? FMCSA-D&A-CLEAR-382.701-FAQ006 Guidance on whether an employer is required to conduct pre-employment and annual Clearinghouse queries for drivers who are in a random testing pool regulated by another DOT agency.
Can a Clearinghouse Assistant accept invitations from multiple Administrators? FMCSA-D&A-CLEAR-382-FAQ003 Guidance on Multiple Assistant Clearinghouse Accounts
Should violations that occurred before the Clearinghouse Implementation Date be reported to the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ013 Guidance on reporting violations that occurred before the Clearinghouse Implementation Date
May drivers access their own information in the Clearinghouse? FMCSA-D&A-CLEAR-382.709-FAQ001 Guidance on driver access to Clearinghouse information
How is driver data protected in the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ013 Guidance on Clearinghouse security
Can there be more than one Clearinghouse user per company? FMCSA-D&A-CLEAR-382-FAQ025 Guidance on Multiple User Account
If a driver violated the drug and alcohol program prior to January 6, 2020, but the employer did not obtain actual knowledge (as defined in § 382.107) of the violation until January 6, 2020 or later, is the employer required to report the violation to the FMCSA-D&A-CLEAR-382-FAQ009 Guidance on reporting actual knowledge violations to the Clearinghouse before January 6, 2020
What are the repercussions if an employer does not meet the required timeframe for reporting a violation? FMCSA-D&A-CLEAR-382.705-FAQ004 Guidance on Repercussions of an Employer Not Meeting the Required Timeframe for Reporting a Violation to the Clearinghouse
What records should employers maintain in a driver qualification file to meet the requirements of section § 382.701(e)? FMCSA-D&A-CLEAR-382.701-FAQ004 Guidance on Maintaining Employer Records