Federal Regulations
Part 382: Alcohol &
Controlled Substances
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This section deals with the use of alcohol and controlled substances by
drivers of commercial vehicles; and the testing requirements set forth by the FMCSA.
http://www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm You may not perform driving duties within 4 hours of consuming alcohol, nor may your employer allow you to do so. You may not consume alcohol for 8 hours after an accident, or until a post-accident alcohol or controlled substance test has been administered. No driver shall refuse to submit to a required alcohol or controlled substance test. If he does refuse, his/her employer shall not allow him/her to continue to drive or perform any safety-sensitive functions. The same rules and restrictions apply to the use of any controlled substance other than those prescribed by a physician. If a driver is using a prescribed medication, they must not, in any way, interfere with the safe performance of his/her duties. An employer shall require pre-employment testing for alcohol and controlled substance use. Post-accident testing will be done as soon as possible following an occurrence involving a commercial vehicle. These tests apply to each driver who was performing safety-sensitive functions (driving), if the accident involved fatalities, bodily injury, issuance of moving violation citations, or any damage to the vehicles involved. *In other words, you're in deep kimchee if you are involved in an accident and have even a hint of alcohol or drugs in your body, around your body or within a two-block radius. DON'T DO IT!! All you have to do is listen to the news to know that the driver of an eighteen-wheeler is going to be guilty until proven innocent any time there is an accident. So CYA, drivers, save your recreational stuff for the appropriate time and place. |
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Last revised:
January 28, 2004