Alcohol or drug use prohibitions

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, Subpart B — Prohibitions  

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: All time from the time a driver begins work or is required to be in readiness to work until the timethe driver is relieved from work and all responsibilities for performing work.

Summary of requirements

Prohibited alcohol misuse. Employees must not:

• Use alcohol while performing safety-sensitive functions;
• Use alcohol during the four hours before performing a safety-sensitive function;
• Report for duty or remain on duty to perform safety-sensitive functions with an alcohol concentration of 0.04 or greater;
• Use alcohol during eight hours following an accident, or until undergoing a post-accident test; or
• Refuse to take a required test.

Note: A driver found to have an alcohol concentration of 0.02 or greater but less than 0.04 may not perform, nor be permitted to perform, safety-sensitive functions for at least 24 hours.

Prohibited drug use. Employees must not:

• Use any drug or substance identified in 21 CFR 1308.11 Schedule I;
• Use any non-Schedule I drug or substance that is identified in the other schedules in 21 CFR 1308, except when the use is under the instructions of a licensed medical practitioner who is familiar with the driver’s medical history and has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle;
• Test positive for drugs;
• Have an adulterated or substituted drug test result; or
• Refuse to take a required test.

A motor carrier may require a driver to inform the employer of any therapeutic drug use.