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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
Do the physical qualification requirements of the FMCSRs infringe upon a person’s religious beliefs if such beliefs prohibit being examined by a licensed doctor of medicine or osteopathy? FMCSA-MED-391.41-Q2 Driver Physical Qualification Standards
What must an employer do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)? FMCSA-D&A-382.301-Q05 What an employer must do to avail itself of the exceptions to pre-employment testing listed under §382.301(c)
Question 10: Can an employee receive the follow-up from an SAP who did not conduct the initial SAP evaluation? FMCSA-D&A-382.605-Q10 Drug & Alcohol Testing – Initial and Follow-up SAP Evaluations
May drivers who work split shifts take advantage of the 100-air-mile radius exemption found at §395.1(e)? FMCSA-HOS-395.1-Q19 Hours of Service Exceptions
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 Emergency, Recordkeeping, Direct Assistance, 390.23
Do telephone calls to or from the motor carrier that momentarily interrupt a driver’s rest period constitute a change of the driver’s duty status? FMCSA-HOS-395.2-Q05 Hours of Service Definitions
The driver has logged one or more 13-hour driving periods while in Canada during the previous 7 days, but has complied with all the FMCSRs while operating in the U.S. Has the driver violated the 11-hour driving requirement in the U.S.? FMCSA-HOS-395.3-Q04 Hours of Service Maximum Driving Time
Question 1: If a DVIR does not indicate that certain defects have been repaired, and the motor carrier has not certified in writing that such repairs were considered unnecessary, may the driver refuse to operate the motor vehicle? FMCSA-VM-396.13-Q1.cm Prohibition to operate vehicle without certification of repairs
Can a CMV with tires marked “Not for Highway Use” meet the periodic inspection requirements? FMCSA-VM-396.17-Q07.cm
Question 1: May an entity other than a motor carrier maintain the evidence of inspector qualifications required by § 396.19(b)? FMCSA-VM-396.19-Q01 May a garage maintain evidence of inspector qualifications