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
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.
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.
Applicability to part 382 student drivers and driver training schools FMCSA-D&A-382.103-FAQ004 Guidance on whether a driving school student who does not have a CLP or CDL is required to complete the return-to-duty process if they test positive on a drug test.
Are CDL drivers who are employed by state government agencies subject to DOT drug and alcohol testing requirements? FMCSA-D&A-382.103-FAQ002 Guidance on the applicability of FMCSA drug and alcohol testing of drivers employed by state government agencies.
Annual MIS Requirements: Do motor carriers need to report their drug and alcohol results to FMCSA every year? FMCSA-D&A-382.403-FAQ001 Guidance to motor carriers on how file and submit their annual MIS reports.