• Several key definitions are used in DOT testing requirements.

The Federal Motor Carrier Safety Administration (FMCSA) testing requirements include the following key definitions:

Commercial motor vehicle — A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

• Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
• Has a gross vehicle weight rating of 26,001 or more pounds;
• Is designed to transport 16 or more passengers, including the driver; or
• Is any size, transporting hazardous materials requiring placards.

Driver — Any person who operates a commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; casual, intermittent, or occasional drivers; and leased drivers or independent owner-operator contractors.

Employee — Any person who is designated in a Department of Transportation (DOT) agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under Part 382, the term employee has the same meaning as the term “donor” as found on the chain of custody form and related guidance materials produced by the Department of Health and Human Services.

Employer — A person or entity employing one or more employees (including an individual who is self-employed) subject to DOT agency regulations requiring compliance with Parts 40 and 382. It is interchangeable with the term “motor carrier,” and includes an employer’s officers, representatives, and management personnel. Service agents are not employers.