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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
Do employers have access to violation information regarding current employees, including violations recorded by a different employer? FMCSA-D&A-CLEAR-382.703-FAQ004 Guidance on Employer Access to DAC Information
What information is an employer required to report to the Clearinghouse when reporting actual knowledge that a CDL driver used alcohol or controlled substance, as defined in § 382.107? FMCSA-D&A-CLEAR-382.705-FAQ001 Guidance on reporting actual knowledge violations to the Clearinghouse
Are employers required to query the Clearinghouse or report drug and alcohol program violations for drivers who do not hold a commercial driver’s license (CDL) or commercial learner’s permit (CLP)? FMCSA-D&A-CLEAR-382.103-FAQ004 Guidance regarding Non CDL Holders
Is the Clearinghouse subject to the Privacy Act requirements? FMCSA-D&A-CLEAR-382-FAQ029 Guidance on of Privacy Act applicability to the Clearinghouse
If a medical review officer (MRO) changes a verified positive drug test result per 49 CFR Part 40, when must the MRO submit the change to the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ007 Guidance on when an MRO must report a changed result to the Clearinghouse
May an employer authorize a consortium/third-party administrator (C/TPA) to conduct queries and/or report violations in the Clearinghouse on their behalf? FMCSA-D&A-CLEAR-382-FAQ012 Guidance on the functions a C/TPA may perform on behalf of an employer in Clearinghouse
Can an employer or medical review officer (MRO) enter a drug and alcohol program violation in a CDL driver’s Clearinghouse record if the driver is not registered for the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ014 Guidance on reporting a violation for a driver who is not registered in the Clearinghouse
Does an owner-operator have to conduct queries on himself/herself? FMCSA-D&A-CLEAR-382.701-FAQ005 Guidance on Owner Operator Self Queries
Are Canadian and Mexican CDL drivers conducting operations in the United States subject to the Clearinghouse requirements? FMCSA-D&A-CLEAR-382.103-FAQ001 Guidance on Clearinghouse applicability to Canadian and Mexican Drivers and Carriers
Can Canadian and Mexican medical review officers (MROs) report verified positive test results and refusals to test to the Clearinghouse? FMCSA-D&A-CLEAR-40.121-FAQ001 Guidance on Canadian and Mexican MRO Reporting to the Clearinghouse