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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 contained herein lack the force and effect of law, except as authorized by law or as incorporated into a contract, and are not meant to bind the public in any way. The guidance documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

To comment on any guidance document, or to request issuance, reconsideration, modification, or rescission of any guidance document in accordance with 49 CFR 5.41, send your request to: FMCSAguidance@dot.gov. Please identify the guidance document in your request.

Subject Agency Identifier Topic Issued Date
Civil Penalty Calculation Methodology, 76 Fed. Reg. 71431 FMCSA-FR-76FR71431.2011.11.17 Civil Penalties
Who is exempt from the ELD rule? FMCSA-ELD-395-Q17 ELD Guidance
SAP Evaluation: Can employers or drivers seek a second substance abuse professional (SAP) evaluation if they disagree with the first SAP’s recommendations? FMCSA-D&A-40.295-FAQ001 Guidance for employers or drivers seeking a second SAP evaluation
Disruptions to Drug and Alcohol Testing Due to the Coronavirus Disease 2019 (2019) FMCSA-DA-COVID19-FAQ1 Disruptions to Drug and Alcohol Testing Due to the Coronavirus Disease 2019
A person is transported to a hospital from the scene of a commercial motor vehicle traffic accident. In one situation, the person undergoes observation or a “checkup. Is this considered “medical treatment,” making the CMV occurrence an “accident” for purp FMCSA-RG-390.5T-FAQ027 “Medical treatment” that triggers “accident” classification
Does the exception in §395.1(k) for “drivers transporting agricultural commodities or farm supplies for agricultural purposes” cover the transportation of poultry or poultry feed? FMCSA-HOS-AG-395.1-FAQ30 Hours of Service Agricultural Commodities
Are motor vehicles being transported considered to be HM for purposes of the financial responsibility requirements, thus requiring the higher limits set forth in the regulations? FMCSA-INS-387.3-Q008 Whether motor vehicles being transported are considered hazardous materials for purposes of the financial responsibility requirements
Part 387 Section § 387.9: Financial responsibility, minimum levels. FMCSA-INS-387.9-Q005 Insurance requirements for a motor carrier operating a tube trailer where the cylinders are manifolded together
Question 1: Is §392.10(a)(4) applicable to drivers operating cargo tank vehicles that were used to transport hazardous materials for which placarding or marking was required, but are no longer required because the cargo tank has been emptied, or the quant FMCSA-DRV-392.10-Q001 Railroad crossings
When can a movement of a CMV during an off-duty period be considered personal conveyance? FMCSA-HOS-PC-395.8-FAQ12 Personal Conveyance guidance