USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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 will FMCSA use SMS data as part of the HMSP review process? FMCSA-HM-HMSP-385-FAQ017 Hazardous Materials Safety Permits
Hazardous Materials Safety Permit (HMSP) Program: Amendment to Enforcement Policy, 80 Fed. Reg. 35253 FMCSA-FR-80FR35253.2015.06.19 Hazardous Materials Safety Permits
Commercial Driver’s License Standards; Regulatory Guidance Concerning the Passenger Endorsement Standards, 80 Fed. Reg. 30163 (May 27, 2015) FMCSA-FR-80FR30163-2015.05.27 Regulatory Guidance
Are crashes involving motorists striking attenuator trucks while the impact attenuators or crash cushions are deployed included within the definition of ‘‘accident’’ with regard to the motor carrier responsible for the operation of the attenuator truck? FMCSA-RG-390.5T-FAQ033 Accidents involving attenuator trucks
Are crashes involving motorists striking attenuator trucks while the impact attenuators or crash cushions are deployed included within the definition of ‘‘accident’’ with regard to the motor carrier responsible for the operation of the attenuator truck? FMCSA-RG-390.5T-FAQ033 Accidents involving attenuator trucks
Can a consortium/third party administrator (service agent) make the determination that an owner-operator has refused a DOT drug or alcohol test? FMCSA-D&A-40.355-FAQ001 Guidance on C/TPA determination of test refusal by owner-operator
The Custody and Control Form for a pre-employment DOT test mistakenly indicated that the test was conducted pursuant to the Federal Railroad Administration’s (FRA) authority. The form should have indicated that the employee was a CDL-driver, being tested FMCSA-D&A-382.301-FAQ001 Guidance on whether identifying the wrong DOT mode on the Custody and Control Form for a preemployment test would result in the test being cancelled and recollection required.
Management of Drug and Alcohol Testing: Does an employer have to join a consortium in order to have its drivers random drug tested or can the drug and alcohol program be managed by the employer? FMCSA-D&A-382.305-FAQ004 Clarifies the need of employer with only one driver to join a consortium.
Frequency of Selection: How often should selections take place under an employer’s random testing program? FMCSA-D&A-382.305-FAQ003 Guidance that random testing programs must be spread reasonably throughout the calendar year.
Self-Admission: A driver admits to a company official that they have used a controlled substance, as defined in the National Institute of Drug Abuse (NIDA-5) for a 5 panel DOT drug test; however, the self-admission either does not meet the criteria under FMCSA-D&A-382.121-FAQ001 Guidance on employee admissions