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United States Department of Transportation United States Department of Transportation

May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test?

Section § 382.301: Pre-employment testing.

Guidance Q&A

Question 8: May an employer conduct a road test administered in accordance with 49 CFR §391.31 prior to driver-applicant subject to 49 CFR §382 submits to a pre-employment controlled substances test?

Guidance: Yes. An employer may administer a road test to a prospective driver subject to Part 382 without first testing him/her for controlled substances. The intent of the road test is to effectively evaluate the driver’s ability to operate a commercial motor vehicle (CMV). This guidance does not allow the motor carrier to dispatch the prospective driver on his/her first trip prior to obtaining a verified negative test result.

Regulatory Topic: Whether an employer may administer a road test to a prospective driver subject to Part 382 without first conducting a pre-employment test
Published Date: Friday, February 28, 2020
Issued Date: Friday, February 28, 2020