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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
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
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.
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.
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
Random Testing Selection Period: A motor carrier conducts a DOT random test on a driver that was selected in the fourth quarter of the year, but the test was not verified by the medical review officer (MRO) until the next year. What year does this DOT ran FMCSA-D&A-382.305-FAQ008 Guidance on when to report a random test that has been collected at the end of the year, but verified the following year.
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.
Are Owner-Operators that operate commercial motor vehicles (CMVs) on the public roads that require a commercial driver’s license (CDL) subject to DOT drug and alcohol testing? FMCSA-D&A-382.103-FAQ001 Guidance on applicability of the DOT drug and alcohol testing requirements to owner-operators and their requirement to enroll in a Consortium’s random testing pool
Return-to-Duty Process from a Non-DOT Test: What are the consequences when a CDL driver tests positive on a non-DOT drug test and has not completed a return-to-duty (RTD) process with a substance abuse professional (SAP)? FMCSA-D&A-40.13-FAQ001 Guidance clarifying that a non-DOT positive test does not results in a federal prohibition.