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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
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
If a CMV has a defective tire, may the driver remove the defective tire from the axle and drive with three tires on an axle instead of four? FMCSA-VEH-393.75-Q01 Removal of defective tire from set of dual tires
May time spent in resting or sleeping in motor homes being delivered be recorded as off-duty time? FMCSA-HOS-395.3-Q09 Hours of Service Maximum Driving Time
Question 14: Is it acceptable for the proof of periodic inspection to be written in Spanish? FMCSA-VM-396.17-Q14.cm May proof of periodic inspection be written in Spanish?
Is this “mandatory information” that required of a normal RODS under section 395.8(d) or that of the 100 air-mile radius exemption under section 395.1(e)(5)? FMCSA-HOS-395.8-Q19 Hours of Service Records of Duty Status
May a motor carrier require fingerprinting as a pre-employment condition? FMCSA-RG-390.3T-Q008 Fingerprinting potential CMV drivers, 3990.3, 390.3T
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
Is a vehicle used to transport or tow an anhydrous ammonia nurse tank considered a CMV and subject to FMCSRs? FMCSA-RG-390.5T-Q002 Applicability of FMCSRs to vehicles towing nurse tanks
How does §391.63 apply when motor carriers obtain, from a driver leasing service, intermittent, casual, or occasional drivers who are on temporary assignments to multiple motor carriers? FMCSA-DQ-391.63-Q002 Multiple-employer drivers