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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 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
If a driver makes a timely request for a split-specimen test within 72 hours after being notified by the MRO of a verified positive DOT drug test, and the driver cannot cover the cost of the split-specimen test, will the split-specimen test proceed? FMCSA-D&A-40.173-FAQ001 Guidance on the payment for a split-specimen test
Determination of DOT Agency Random Testing Pool: When an employee is subject to the alcohol and controlled substance testing rules of more than one DOT agency (e.g., PHMSA & FMCSA), how is it determined which DOT agency’s random testing rate applies to th FMCSA-D&A-382.305-FAQ002 Guidance on how to manage dual-agency covered employees.
Part-Time Drivers: Do part-time CDL drivers need to be in an employer’s DOT random testing pool? FMCSA-D&A-382.305-FAQ009 Guidance clarifies the applicability of the DOT drug and alcohol random testing requirements for part-time drivers.
Return-to-duty/Pre-employment Testing: What type of DOT tests must an employer provide in order to hire a driver who has completed the referral and evaluation process with a SAP, but still needs a return-to-duty test before the driver may perform a safety FMCSA-D&A-382.301-FAQ003 Guidance on conducting a single DOT test to satisfy both the requirements for a return-to-duty and preemployment test.
Alternate Drivers and Random Testing: Can an alternate driver be selected for a DOT random test if the driver originally selected is not able to be tested during the selection period? FMCSA-D&A-382.305-FAQ001 Provides guidance in the use of alternates to comply with the random testing selections.