What kind of regulations are guidance?

"Guidance" is how the FMCSA euphemistically describes the "spirit or intent" of their regulations, so that you, I and the flatfeet enforcing them know what they meant when the FMCSA wrote the durned thing.

That's how you can run afoul of a regulation by not complying with the "guidance" pertaining to it.

 

If you're referring to the "interpretations" that accompany the regulations, they answer questions pertaining to the regulations and are based on legal rulings; therefore, precedence.

 

It's not even that... it's the FMCSA explaining what they meant. The FMCSA writes those guidelines. State LEOs are expected to enforce the regulations following the guidelines established in the interpretations. Whether or not it stands up, depends on a judge- he can throw all that stuff out if he likes.

 

Depends on the argument... but yes, the first step is a lawyer, go to court and just don't knuckle under to the DOT.

 

It also might help if we knew what the ticket was for and your interpretation of why its wrong.

-Steven