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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
How does one distinguish between intra- and interstate commerce for the purposes of applicability of the FMCSRs? FMCSA-RG-390.3T-Q006 Interstate v. intrastate commerce
Are persons who operate CMVs for the personal conveyance of their friends or family members ‘‘private motor carriers of passengers (nonbusiness)’’ as defined in §390.5? FMCSA-RG-390.3T-Q018 Parameters of “private motor carriers of passengers”- Nonbusiness
Is a foreign resident driver operating between the U.S. and a foreign country from a U.S. terminal for a U.S.-based employer subject to the Federal Motor Carrier Safety Administration’s (FMCSA) alcohol and controlled substances testing regulations? FMCSA-D&A-382.103-Q08 Applicability of drug and alcohol testing requirements to foreign drivers operating for a U.S.-based employer
When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status f FMCSA-HOS-395.8-Q20 RODS and the 100 air-mile radius exemption
Must a physician specifically advise that substances in a prescription will not adversely affect the driver’s ability to safely operate a Commercial Motor Vehicle (CMV) or may a pharmacist’s advice or precautions printed on a container suffice for the adv FMCSA-D&A-382.213-Q01 Guidance regarding a physician’s advice that the substances in a prescription will not adversely affect the driver’s ability to safely operate a CMV
Do electronic devices which are advertised as radar jammers meet the definition of a radar detector in 49 CFR 390.5T? FMCSA-RG-390.5T-Q021 Radar jammers as radar detectors
Question 15: What actions are to occur if an employee tests positive while in the follow-up testing program? FMCSA-D&A-382.605-Q15 Drug & Alcohol Testing – Follow-up Testing
Is there a minimum number of fasteners required to fasten the upper fifth wheel plate to the frame of a trailer? FMCSA-VEH-393.70-Q01 Securing upper fifth wheel plate to trailer frame
Are the requirements of § 393.100 the only cargo securement requirements motor carriers must comply with? FMCSA-VEH-393.100-Q01 What cargo securement requirements must carriers meet?
Are employers required to provide intervention and treatment for drivers who have a substance abuse problem or only refer drivers to be evaluated by an SAP? FMCSA-D&A-382.605-Q2 Guidance on Providing Treatment for Substance Abuse