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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
Is a pre-employment controlled substances test required if a driver returns to a previous employer after his/her employment had been terminated? FMCSA-D&A-382.301-Q03 Guidance on whether a preemployment test is required when a driver returns to a previous employer after his/her employment had been terminated
Must the driver’s name and each date worked appear on the time record prepared to comply with §395.1(e), 100-air-mile radius driver? FMCSA-HOS-395.1-Q18 Hours of Service Exceptions
A consignee, consignor, or other party is a motor carrier employer for purposes of 49 CFR parts 382 through 399. FMCSA-D&A-382.307-Q03 Drug & Alcohol Testing – Reasonable Suspicion
How should I secure the accessories for an item of construction equipment which weighs 4,536 kg (10,000 lb.) or more, if the accessory devices would extend beyond the width of the trailer if they are lowered to the deck for transport? FMCSA-RG-393.130Q02 How should the overwidth accessories of construction equipment be secured?
Driver vehicle inspection reports FMCSA-VM-396.11-Q004 Driver vehicle inspection reports
Question 5: Is new equipment required to pass a periodic inspection under § 396.17? FMCSA-VM-396.17-Q05.cm Periodic inspection requirements for new equipment
What is the definition of "Certificate of Registration" in §387.7(b)(3)? FMCSA-INS-387.7-Q002 Definition of “Certificate of Registration” in 49 CFR 387.7(b)(3)
Question 4: Would a mechanic who is employed by a leasing company and only works on CMVs that the leasing company leases to other motor carriers be required to meet the brake inspector certification requirements? FMCSA-VM-396.25-Q04.cm Must a leasing company mechanic meet the brake inspector requirements?
Question 1: May a driver be exempted from wearing seat belts because of a medical condition such as claustrophobia? FMCSA-DRV-392.16-Q001 Use of seat belts
A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce? FMCSA-RG-390.5T-Q005 Extent of “interstate commerce” when applied to personal conveyance