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Drug and alcohol testing applicability: Are State government agencies that employ commercial driver’s license (CDL) drivers to operate commercial motor vehicles (CMVs) exempt from the federal drug and alcohol testing requirements?

No. State government agencies and the CDL drivers employed by State agencies are not exempt from drug and alcohol testing requirements. CDL regulations at 49 CFR 383.5 define employers as any person (including the United States, a State or a political subdivision of a State, and the District of Columbia) who owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle. 49 CFR 382.103(c) specifically provides that the exceptions from certain Federal Motor Carrier Safety Administration (FMCSA) regulations for U.S., State, and local government agencies do not apply to the FMCSA drug and alcohol testing requirements in 49 CFR Part 382. The only exceptions to Part 382 requirements are found in 49 CFR 382.103(d).

Last Updated : April 18, 2014