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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
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.
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.
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.
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
How is the "Top 30%" OOS, Hazmat violations, and crash ratings calculated for an HMSP? FMCSA-HM-HMSP-385-FAQ011 Hazardous Materials Safety Permits
Regulatory Guidance Concerning Crashes Involving Vehicles Striking Attenuator Trucks Deployed at Construction Sites FMCSA-FR-80FR15913.2015.03.26 Definition of Accident
Driver Qualifications; Regulatory Guidance Concerning the Use of Computerized Employer Notification Systems for the Annual Inquiry and Review of Driving Records, 80 Fed. Reg. 13069 FMCSA-FR-80FR13069.2015.03.12 enforcement