(a)(1) Use alcohol, as defined in §382.107 of this
subchapter, or be under the influence of alcohol, within 4 hours before going
on duty or operating, or having physical control of, a commercial motor
vehicle; or
(a)(2) Use alcohol, be under the influence of
alcohol, or have any measured alcohol concentration or detected presence of
alcohol, while on duty, or operating, or in physical control of a commercial
motor vehicle; or
(a)(3) Be on duty or operate a commercial
motor vehicle while the driver possesses wine of not less than one-half of one
per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal
Revenue Code of 1954, and distilled spirits as defined in section
5002(a)(8), of such Code. However, this does not apply to possession of
wine, beer, or distilled spirits which are:
(a)(3)(i) Manifested and transported as part
of a shipment; or
(a)(3)(ii) Possessed or used by bus
passengers.
(b) No motor carrier shall require or permit a
driver to—
(b)(1) Violate any provision of paragraph (a) of this section;
or
(b)(2) Be on duty or operate a commercial
motor vehicle if, by the driver’s general appearance or conduct or by other
substantiating evidence, the driver appears to have used alcohol within the
preceding 4 hours.
(c) Any driver who is found to be in violation
of the provisions of paragraph (a) or (b) of this section
shall be placed out-of-service immediately for a period of 24 hours.
(c)(1) The 24-hour out-of-service period will
commence upon issuance of an out-of-service order.
(c)(2) No driver shall violate the terms of
an out-of-service order issued under this section.
(d) Any driver who is issued an out-of-service
order under this section shall:
(d)(1) Report such issuance to his/her
employer within 24 hours; and
(d)(2) Report such issuance
to a State official, designated by the State which issued his/her driver’s
license, within 30 days unless the driver chooses to request a review of the
order. In this case, the driver shall report the order to the State official
within 30 days of an affirmation of the order by either the Division
Administrator or State Director for the geographical area for the Region or the
Administrator.
(e) Any driver who is subject to
an out-of-service order under this section may petition for review of that
order by submitting a petition for review in writing within 10 days of the
issuance of the order to the Division Administrator or State Director for the
Region in which the order was issued. The Division Administrator or State
Director may affirm or reverse the order. Any driver adversely affected by such
order of the Division Administrator or State Director may petition the
Administrator for review in accordance with 49 CFR 386.13.
(49 U.S.C.
304, 1655; 49 CFR
1.48(b) and 301.60)
[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 66 FR 49874, Oct. 1, 2001]