A driver who tests positive for drugs, fails an alcohol test, or refuses a regulated alcohol and/or drug test may not perform any safety-sensitive functions, including driving a commercial motor vehicle (CMV), until the driver has completed a return-to-duty process. A driver whose employer has actual knowledge of drug or alcohol use (as defined in 382.107) is also prohibited from performing safety-sensitive functions until the necessary steps are completed.
Scope
These regulations apply to all people who operate a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce and the motor carriers of these drivers.
Regulatory citations
- 49 CFR 382.309 — Return-to-duty testing
- 49 CFR 40.305 — How does the return-to-duty process conclude?
- 49 CFR 382.415 — Notification to employers of a controlled substances or alcohol testing program violation
Key definitions
- Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.
- Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a
- Combination Vehicle (Group A) — Having a gross combination weight rating (GCWR) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater. The towed unit(s) must have a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of more than 10,000 pounds, whichever is
greater; or
- Heavy Straight Vehicle (Group B) — Having a GVWR
or GVW of 26,001 pounds or more, whichever is greater; or
- Small Vehicle (Group C) — Does not meet Group A
or B requirements but is either:
- Designed to transport 16 or more passengers, including the driver; or
- Of any size and is used in the transportation of hazardous materials as defined in 383.5.
- Safety-sensitive function: Drivers are considered to be performing a safety-sensitive function during any period in which they are actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
Safety-sensitive functions shall include:- All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
- All time inspecting equipment as required by 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
- All time spent at the driving controls of a commercial motor vehicle in operation;
- All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 393.76 of this sub-chapter);
- All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
- All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Summary of requirements
In order to return to the performance of safety-sensitive functions, including driving a CMV, a driver must:
- Successfully comply with the education and/or treatment prescribed by the substance abuse professional (SAP); and
- Take a return-to-duty test with a negative drug test result and/or alcohol test with an alcohol concentration of less than 0.02.
A motor carrier is not required to return a driver to safety-sensitive functions because the driver met the return-to-duty requirements. This will be based on company policy and other legal requirements.
Notification of a violation. A driver who has violated the alcohol and drug prohibitions without complying with the return-to-duty and follow-up requirements of Part 40, Subpart O, must notify, in writing, all current employers of such violation(s).
The driver is not required to provide notification to the motor carrier that administered the test or documented the circumstances that gave rise to the violation. The notification must be made before the end of the business day following the day the driver received notice of the violation, or prior to performing any safety-sensitive function, whichever comes first.
