WHAT KIND OF POLICY DOES THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION HAVE CONCERNING DRUG AND ALCOHOL TESTING?
The driver of a CMV is subject to the FMCSRs controlled substances and alcohol use and testing regulations if the vehicle requires a commercial driver’s license (CDL). It is important to note that while all CMV drivers are subject to certain prohibitions on the use of drugs and alcohol, ONLY drivers who are required to hold a CDL are subject to the testing requirements. CMVs that require a CDL holding driver must have at least one of the following characteristics: (1) have a gross combination weight rating or gross combination weight (whichever is greater) of 26,001 pounds or more, including a towed unit or units with a gross vehicle weight rating or gross vehicle weight (whichever is greater) of more than 10,000 pounds; (2) have a gross vehicle weight rating or gross vehicle weight (whichever is great) of 26,001 pounds or more; (3) be designed to transport 16 or more passengers, including the driver; or (4) be any size and transporting hazardous materials requiring notification on the vehicle. The testing regulations cover both interstate (between states) and intrastate (within one state) truck and bus operations. Even drivers based in another country are subject to testing if they are driving in the United States. Furthermore, there are certain individuals who are exempt from needing a CDL (military personnel, certain farms, emergency responders, snow & ice removers). As an employer, the testing rules apply to any employee (minus the exemptions) who operates a CMV that requires a CDL. It does not matter if the employee is full-time, part-time, casual, intermittent, occasion, volunteer, leased, or independent.
If you have a question about an accident or injury involving a semi-truck and how these regulations may be important as applied to the accident call Roth Davies, LLC Trial Lawyers for a free consultation.