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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
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.
Requirements While Not Performing Safety-Sensitive Functions: A CDL driver is selected for a random drug test and the employer directs the driver to be tested when he was (off duty) not performing a safety-sensitive function. FMCSA-D&A-382.305-FAQ010 Guidance clarifying that a driver shall only be tested for alcohol while, just before, or just after the driver performs safety-sensitive functions.
Requirements for Positives or Refusals: A CDL driver tests positive, or refuses to take, a DOT drug or alcohol test. What must the driver do to be able to resume performing safety sensitive functions, such as operating any type of commercial motor vehicle FMCSA-D&A-382.503-FAQ001 Guidance about the return-to-duty requirement.
Supervisor Training: Do I need to train my CDL driver supervisors to recognize physical, behavioral, speech, and performance indicators of drug use or alcohol misuse? FMCSA-D&A-382.603-FAQ001 Guidance about the supervisory training required for reasonable suspicion testing.
The collector stopped the test and reported to the designated employer representative (DER) that it was not completed. What happens in this situation? FMCSA-D&A-40.193-FAQ001 Guidance on what happens when an employee does not provide sufficient urine for a drug test.
Substance Abuse Professionals (SAP): How do I find qualified substance abuse professionals (SAP) in my area? FMCSA-D&A-40.287-FAQ001 Guidance about to find a SAP
Payment for SAP Services: Who is required to pay for services provided by a DOT qualified substance abuse professional (SAP)? FMCSA-D&A-40.289-FAQ001 Guidance on SAP compensation
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
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
Employer Requirements for Positives: Medical Review Officers (MROs) are required to maintain a signed or stamped and dated copy of Copy 2 of the control custody form (CCF) for positive drug test determinations. Are employers subject to the same ... FMCSA-D&A-382.401-FAQ001 Guidance on the recordkeeping requirement for positive drug tests applicable to medical review officers and employers.