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Drug and alcohol program applicability: My company purchased a large tow truck that is 26,001 lbs. or more gross vehicle weight rating (GVWR). We do not currently employ any drivers who possess a commercial driver’s license (CDL). The vehicle has only been driven a few times by a family friend, who is not an employee and has driven the vehicle as a favor absent any compensation. Does our company need a U.S. Department of Transportation (DOT) drug and alcohol testing program to test this occasional driver?

Yes. In accordance with 49 CFR 382.103, your company must implement a DOT drug and alcohol program for all drivers operating a commercial motor vehicle (CMV) that requires the driver to possess a CDL. 49 CFR 382.107 defines “Driver” as “any person who operates a commercial motor vehicle. This includes, but is not limited to: full time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.”

Last Updated : April 18, 2014