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A motor carrier may choose to establish a program that allows a driver to self-identify drug use or alcohol abuse without being subject to the referral, evaluation, and treatment requirements in Part 382 and Part 40. There are specific criteria that must be met in order to establish this type of program.
This regulation applies 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.
In order to self-identify, the driver’s admission must follow the steps of the motor carrier’s voluntary self-identification policy. This policy must be in writing and include the following elements:
A driver may not self-identify in order to avoid a test required under Part 382 regulations.
The driver must make the admission of alcohol misuse or drug use before performing a safety-sensitive function.
The driver may not perform a safety-sensitive function until the motor carrier is satisfied that the driver has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program’s guidelines.