Does a mechanic fall under Part 382?

Yes, in many cases a mechanic does. Even if your technicians just test drive commercial motor vehicles (CMVs) (as defined in 382.107), they are required to have a CDL and be placed in your DOT drug and alcohol testing program, including a pre-employment drug screen when first employed in this position. The mechanic would need all the components of Part 382 – DOT drug and alcohol testing, policy/educational materials, previous employer drug and alcohol testing information, and CDL Drug and Alcohol Clearinghouse queries.

Some may argue that their mechanics only move the CMVs in and out of stalls on their private lot. Do they need a CDL for that? Do they fall under Part 382? In some cases, they do. Private property can still meet the definition of “highway” which places the driver under the regulations. A motor carrier will need to look at its operation to see if its parking lot or yard meets the requirements. The applicable definition is found in 390.5, which reads: “Highway means any road, street, or way, whether on public or private property, open to public travel. ‘Open to public travel’ means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates.”