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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
What constitutes a “serious pattern” of violations? FMCSA-RG-390-SPECIALTOPICS-Q01 What is a “serious pattern” of violations?
May employers allow unions or the National Labor Relations Board to view or have access to test records required to be prepared and maintained by parts 40 and/or 382, such as the list(s) of all employees actually tested? FMCSA-D&A-382.405-Q03 Drug & Alcohol Testing Records - Access
May a sleeper berth be used for a period of less than 2 hours’ duration? FMCSA-HOS-395.2-Q07 Hours of Service Definitions
Are there established criteria in the FMCSRs to determine the minimum sound level of horns on CMVs? FMCSA-VEH-393.81-Q02 Do FMCSRs specify minimum sound levels for horns?
Are cross members of CMVs considered part of the frame? FMCSA-VEH-393.201-Q01 Are cross members part of the CMV frame?
Who must certify under § 396.11(a)(3)(ii) and § 396.11(b)(3)(ii) that repairs have been made when a motor vehicle is repaired en route by the driver or a commercial repair facility? FMCSA-VM-396.11-Q008 Driver vehicle inspection report
If a driver from a foreign country only operates in the U.S. one day a week, is he required to keep a record of duty status for every day? FMCSA-HOS-395.8-Q15 FMCSA-HOS-395.8-Q15
May the Form MCS-90B required by part 387 for proof of minimum financial responsibility be modified? FMCSA-INS-387.39-Q002 Modification of Form MCS-90B
May a motor carrier be exempt from driver qualification requirements by hiring a driver leasing company or temporary help service? FMCSA-DQ-391.11-Q004 General qualifications of drivers
§391.11 General qualifications of drivers. FMCSA-DQ-391.11-Q006 General driver qualifications