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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
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
Occasional Drivers: My company purchased a large truck that is over 26,001 lbs. gross vehicle weight rating (GVWR). We do not currently employ any commercial driver’s license (CDL) drivers. The vehicle has only been driven a few times by a family friend, FMCSA-D&A-382.103-FAQ005 Guidance on whether drivers who receive no compensation must be in a DOT drug and alcohol program.
My company received a communication entitled, “Urgent Compliance Notice” which states that our company is not in compliance with DOT Drug and Alcohol training requirements and will be subject to civil penalties up to $10,000, if our supervisors do not ... FMCSA-D&A-382.103-FAQ006 Guidance to companies receiving solicitations from companies providing DOT drug and alcohol testing services.
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
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.
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.
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.
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.