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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 an SAP evaluation be conducted in person or may it be conducted telephonically? FMCSA-D&A-382.605-Q1 Controlled Substances and Alcohol Use and Testing, Referral, Evaluation, Treatment
Are carriers liable for the actions of their employees even though the carrier contends that it did not require or permit the violations to occur? FMCSA-HOS-395.3-Q08 Hours of Service Maximum Driving Tim
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 3: Is a motor carrier required to accept a certificate from the driver’s regularly employing motor carrier certifying that the driver is qualified per §391.65? FMCSA-DQ-391.65-Q003 Drivers furnished by other motor carriers
What is meant by the phrase, "an employer who uses, but does not employ, a driver * * * "? Describe a situation to which the phrase would apply. FMCSA-D&A-382.301-Q01 Applicability of Section § 382.301
If an employee is off work due to temporary lay-off, illness, injury or vacation, should that individual’s name be removed from the random pool? FMCSA-D&A-382.305-Q10 Guidance on including employees who are temporarily off work in the random pool
Is the “mandatory information” referred to in the previous guidance that required of a normal RODS under section 395.8(d) that of the 100-air-mile radius exemption under section 395.1(e)(5)? FMCSA-HOS-395.1-Q17 Hours of Service Exceptions
Question 19: What arrangement for SAP services would be acceptable in geographical areas where no qualified SAP is readily available? FMCSA-D&A-382.605-Q19 Drug & Alcohol Testing – SAP In-person Evaluation
When a driver experiences a delay on an impassable highway, should the time he/she is delayed be entered on the record of duty status as driving time or on-duty (not driving)? FMCSA-HOS-395.2-Q25 Hours of Service Definitions
When two safety chains are used, must the ultimate combined breaking strength of each chain be equal to the gross weight of the towed vehicle(s) or would the requirements be met if the combined breaking strength of the two chains is equal to the gross wei FMCSA-VEH-393.70-Q02 Required strength of safety chains