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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
How does the Clearinghouse impact employers of commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders? FMCSA-D&A-CLEAR-382-FAQ021 Guidance on how the Clearinghouse impacts employers
Is a social security number (SSN) or employee identification number (EIN) required to enter a driver’s violation in the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ003 Clearinghouse FAQ
Should an employer report to the Clearinghouse the results of a test conducted under the authority of another U.S. Department of Transpiration (DOT) agency? FMCSA-D&A-CLEAR-382.705-FAQ009 Guidance clarifying that only part 382 violations are reported to the Clearinghouse
How is driver violation and return-to-duty (RTD) information recorded in the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ012 Guidance on Violation and RTD Reporting in the Clearinghouse
Is the Federal Motor Carrier Safety Administration (FMCSA) subject to the obligations under the Fair Credit Reporting Act (FCRA) for the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ018 Guidance on the applicability of the Fair Credit Reporting Act [FCRA] to the Clearinghouse
Can a driver correct information recorded about him or her in the Clearinghouse? FMCSA-D&A-CLEAR-382.171-FAQ001 Guidance on correcting information in the Clearinghouse
Will a driver’s follow-up testing plan be available in the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ020 Guidance clarifying that follow testing plans are not available in the Clearinghouse
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