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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 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
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
Can Canadian and Mexican substance abuse professionals (SAPs) report the date of initial SAP assessment and date the driver is eligible for return-to-duty (RTD) testing? FMCSA-D&A-CLEAR-40.281-FAQ001 Guidance on Canadian and Mexican SAP Reporting to the Clearinghouse
What violation and return-to-duty (RTD) information must employers report to the Clearinghouse? FMCSA-D&A-CLEAR-382-FAQ016 Guidance on Employer Violation and RTD Reporting
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
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
What identifying number should be documented for drivers in the Clearinghouse? FMCSA-D&A-CLEAR-382.705-FAQ005 Guidance for using a driver’s CDL number and state of issuance in the 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
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
What is the difference between a full and limited query? FMCSA-D&A-CLEAR-382.701-FAQ003 Guidance on the difference between limited and full Clearinghouse queries