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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
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.
Investigation of Third Parties and Other Service Agents: Does the FMCSA have authority to investigate consortium third party administrators (C/TPA’s) and other service agents? FMCSA-D&A-382.405-FAQ001 Describes FMCSA enforcement authority against service agents.
Employment Change Prior to Completion of Follow-up Testing: Can a driver who tested positive and completed the return-to-duty process change employers before the follow-up testing is completed? FMCSA-D&A-40.307-FAQ001 Describes how to resume the follow-up testing plan when changing employers.
Actual Knowledge: What is “actual knowledge” as used in 49 CFR part 382, subpart B? FMCSA-D&A-382.107-FAQ001 Guidance on what constitutes actual knowledge.
Medical Examiner’s Certification Integration, 80 FR 22790 (Apr. 23, 2015) FMCSA-FR-80FR22790.2015.04.23 Medical Advisory Criteria for Driver Physical Qualification Standards