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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
The definition of a passenger CMV is a vehicle ‘‘designed to transport’’ more than 15 passengers, including the driver. Does that include standing passengers if the vehicle was specifically designed to accommodate standees? FMCSA-RG-390.5T-Q025 Does passenger capacity include standing passenger
What is considered a ‘‘public road?” FMCSA-RG-390.5T-Q026 What is a “public road”
If an interstate driver gets stopped by a State enforcement officer for an inspection, would the inspecting officer be enforcing the Federal regulations or State regulations? FMCSA-RG-390.9-Q001 Regulations enforced by State officers
Would the accident report retention requirement in §390.15(b)(2) include an ‘‘Adjuster’s Report’’ that is normally considered to be an internal document of an insurance company? FMCSA-RG-390.15-Q002 Retention of insurance “adjuster’s report”
What types of documents must a motor carrier retain to support its accident register and be in compliance with §390.15(b)? FMCSA-RG-390.15-Q003 Documents required for accident register
What markings must be displayed on a CMV when used by two or more motor carriers? FMCSA-RG-390.21-Q001 Marking of CMVs used by multiple carriers
Section 390.23 provides that parts 390 through 399 do not apply to any motor carrier or driver operating a CMV to provide direct assistance in an emergency. Is a motor carrier or driver required to keep a record of the driver’s on-duty or driving time whi FMCSA-RG-390.23-Q002 Driver recordkeeping while providing assistance in an emergency
What constitutes a “serious pattern” of violations? FMCSA-RG-390-SPECIALTOPICS-Q01 What is a “serious pattern” of violations?
Applicability of FMCSRs when CMVs are off the road FMCSA-RG-390.3T-Q016 Applicability of FMCSRs when CMVs are off the road
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