A commercial motor vehicle operator is involved in an accident in which an individual is injured but does not die from the injuries until a later date. The commercial motor vehicle driver does not receive a citation under State or local law for a moving t

Section § 382.303: Post-accident testing.

Question 3: A commercial motor vehicle operator is involved in an accident in which an individual is injured but does not die from the injuries until a later date. The commercial motor vehicle driver does not receive a...

Question 1: If a driver refuses to sign a statement certifying that he or she has received a copy of the educational materials required in §382.601 from their employer, will the employee be in violation of §382.601? May the driver’s supervisor sign the ce

Section § 382.601: Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.

Question 1: If a driver refuses to sign a statement certifying that he or she has received a copy of the educational materials required in §382....

Is it permissible to make random selections by terminals?

Guidance on making random selection be terminals

Section § 382.305: Random testing.

Question 7: Is it permissible to make random selections by terminals?

Guidance: Yes. If random selection is done based on locations or terminals, a two-stage...

May an employer allow a driver, subject to post-accident controlled substances testing, to continue to drive pending receipt of the results of the controlled substances test?

Section § 382.303: Post-accident testing.

Question 2: May an employer allow a driver, subject to post-accident controlled substances testing, to continue to drive pending receipt of the results of the controlled substances test?

Guidance: Yes. A driver may...

What records should employers maintain in a driver qualification file to meet the requirements of section § 382.701(e)?

Guidance on Maintaining Employer Records

What records should employers maintain in a driver qualification file to meet the requirements of section § 382.701(e)?

As of January 6, 2020, employers are required to conduct both...

Prohibition on Engaging in U.S. Point-to-Point Transportation

Prohibition on U.S. point-to-point transportation

Prohibition on Engaging in U.S. Point-to-Point Transportation

The prohibition on Mexico-domiciled motor carriers from engaging in U.S. point-to-point (domestic) transportation was established in the North American Free Trade...

Why does the Federal Motor Carrier Safety Administration (FMCSA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FMCSA does not allow a Federal, State or local law enforc

Section § 382.303: Post-accident testing.

Question 1: Why does the Federal Motor Carrier Safety Administration (FMCSA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FMCSA does not...

Question 1: What is the fine or penalty for employers who refuse or fail to provide Part 382 testing information to a subsequent employer?

Section § 382.507: Penalties.

Question 1: What is the fine or penalty for employers who refuse or fail to provide Part 382 testing information to a subsequent employer?

Guidance: Title 49 U.S.C. 521(b)(2)(A) provides for civil penalties for each instance...

Once an employee is randomly tested during a calendar year, is his/her name removed from the pool of names for the calendar year?

Guidance that the names of drivers tested earlier in the year must be returned to the pool for each new selection

Section § 382.305: Random testing.

Question 6: Once an employee is randomly tested during a calendar year, is his/her name removed from the...

A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she tested positive. The driver applies for work wi

Section § 382.301: Pre-employment testing.

Question 7: A driver has tested positive and completed the referral and evaluation process up to the point of being released by the SAP for a return-to-duty test. The driver no longer works for the employer where he/she...