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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
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
Are the brakes on a vehicle towed in a driveaway-towaway operation or towed disabled vehicle required to be operable at all times? FMCSA-VEH-393.48-Q03 Are operable brakes required on disabled or driveaway-towaway vehicles?
When calculating the minimum emergency exit space required on school buses used in non-school bus operations, should two or three passengers per bench seat be used in determining the adult seating capacity? FMCSA-VEH-393.62-Q02 Seating capacity of school buses used for adults
Does § 393.104(b) require that securement devices be marked or labeled with their working load limit or any other information? FMCSA-VEH-393.104-Q02 Marking of securement devices with working load limits
Do community lectures and self-help groups qualify as education and/or treatment? FMCSA-D&A-382.605-Q6 Community Groups and Self-Help as Treatment