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The Federal Motor Carrier Safety Regulations (FMCSRs) require a driver to submit to an alcohol or drug test when the motor carrier has reasonable suspicion to believe the driver has violated the drug and alcohol prohibitions in Part 382, Subpart B.
Scope
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.
Regulatory citations
- 49 CFR 382.307 — Reasonable suspicion testing
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
The motor carrier’s reasonable suspicion determination must be based on specific, contemporaneous, articulable observations concerning the driver’s:
- Appearance
- Behavior
- Speech
- Body odors
Only one supervisor or company official who is trained in accordance with 382.603, is required to make the observations necessary to require a test. All people designated to supervise drivers receive a minimum of:
- 60 minutes of training on alcohol misuse; and
- 60 minutes of training on controlled substances use.
| Alcohol Testing | Drug Testing | |
|---|---|---|
| When is Testing Allowed? | Observation must be made:
| Observation may be made at any time the driver is at work for the motor carrier. |
| Additional Considerations | The person who makes the determination that reasonable suspicion exists must not conduct the alcohol test. | Observations may include indications of the chronic and withdrawal effects of controlled substances. |
| Documentation | A written record of the observations which led to the reasonable suspicion alcohol and/or drug test must be prepared and signed by the supervisor or company official who made the observations within 24 hours of the observed behavior or before the results of the alcohol and/or drug tests are released, whichever is earlier. | |
If a reasonable suspicion alcohol test is not administered within:
- Two hours following the observations, the motor carrier must prepare and maintain on file a record stating the reasons the alcohol test was not administered promptly; and
- Eight hours following the observation, the motor carrier must stop all attempts to administer the test, and must prepare and maintain the record stating the reasons the alcohol test was not administered.
If reasonable suspicion is observed but a reasonable suspicion test has not yet been administered, a driver shall not perform safety-sensitive functions until:
- An alcohol test is administered and the driver’s alcohol concentration measures less than 0.02; or
- 24 hours have elapsed following the determination of reasonable suspicion.
The regulations do not give the employer authority to take any action, other than stated above, against a driver based solely on the driver’s behavior and appearance with no test result. However, the employer may take other action independent of Federal Motor Carrier Safety Administration (FMCSA) regulatory authority.